[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76827-76828]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de05-115]
[[Page 76827]]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2002-0247; FRL-7752-5]
Azinphos-methyl; Order to Amend Registrations to Terminate
Certain Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces the order to amend registrations to
terminate certain uses, voluntarily requested by the registrant(s) and
accepted by the Agency, of products containing the pesticide azinphos-
methyl, pursuant to section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation
order follows a September 30, 2002 Federal Register Notice of Receipt
of Requests (67 FR 61337) (FRL-7199-6) from the azinphos-methyl
registrants to amend their product registrations to terminate certain
uses of azinphos-methyl from their product registrations. In the
September 30, 2002 Notice, EPA indicated that it would issue an order
implementing the amendments to terminate uses, unless the Agency
received substantive comments within the 30-day comment period that
would merit its further review of these requests. The Agency did not
receive any comments on the Notice. Accordingly, EPA approved new
labels without the uses in August 2003. Any distribution, sale, or use
of the azinphos-methyl products subject to this cancellation order is
permitted only in accordance with the terms of this order, including
any existing stocks provisions.
DATES: The cancellations are effective December 28, 2005.
FOR FURTHER INFORMATION CONTACT: Diane Isbell, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8154; fax
number: (703) 308-8041; e-mail address: isbell.diane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number EPA-HQ-OPP-2002-0247.
The official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the``Federal Register''
listings at http://www.epa.gov/fedrgstr/.
EDOCKET, EPA's electronic public and comment system was replaced on
November 25, 2005, by an enhanced Federal-wide electronic docket
management and comment system located at http://www.regulations.gov/.
Follow the on-line instructions.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.
II. What Action is the Agency Taking?
On May of 2002, Bayer CropScience, Makheteshim Chemical Works,
Gowan Company, and Micro-Flo Corporation signed a Memorandum of
Agreement with EPA implementing the provisions of the Azinphos-methyl
IRED by dividing the universe of uses into three groups. Group 1
contained 23 crops with little use that were deleted from product
labels immediately. Group 2 consists of seven uses that are scheduled
to be phased out. Group 3 is comprised of 10 uses which have time-
limited registrations pending the submission and evaluation of renewal
applications and biomonitoring, product efficacy, and other data.
In August 2003, the Agency approved the requested amendments to
terminate the Group 1 uses of azinphos-methyl from the product
registrations. New labels were approved without the Group 1 uses. The
Group 1 uses, requested for termination by the registrant, consisted of
the following: Alfalfa, beans (succulent and snap), birdsfoot trefoil,
broccoli, cabbage (including Chinese), cauliflower, celery, citrus,
clover, cucumbers, eggplant, filberts, grapes, melons (honeydew,
muskmelon, cantaloupe, watermelons, and other melons), onions (green
and dry bulb), pecans, peppers, plums and dried plums, quince, spinach,
strawberries, and tomatoes.
Table 1 includes the names and addresses of record for the
registrants that requested use terminations for their products, in
sequence by EPA company number.
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EPA Company No. Company Name and Address
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264 Bayer CropScience 2 T.W.
Alexander Drive Research
Triangle Park, North
Carolina 27709
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10163 Gowan Company P.O. Box 5569,
Yuma, Arizona 85366-5569
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11678 Makhteshim Chemical Works,
4515 Falls of Neuse Road,
Suite 300, Raleigh, North
Carolina 27609
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51036 Micro-Flo Corporation, LLC.,
530 Oak Court Drive,
Memphis, Tennessee 38117
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III. Summary of Public Comments Received and Agency Response to
Comments
During the public comment period provided, EPA received no comments
in response to the September 30, 2002
[[Page 76828]]
Federal Register notice announcing the Agency's receipt of the requests
to terminate certain uses of azinphos-methyl.
IV. Use Termination Order
Pursuant to FIFRA section 6(f), EPA is issuing this cancellation
order as a follow-up to the Agency's August 2003, approval of the
requested amendments to terminate the Group 1 uses of azinphos-methyl
from the product registrations. As noted above, new labels were
approved without the Group 1 uses. Accordingly, this order incorporates
the Agency's approval of the amended labels terminating the affected
uses.
Any distribution, sale, or use of existing stocks of the affected
products in a manner inconsistent with any of the Provisions for
Disposition of Existing Stocks set forth below in Unit VI. will be
considered a violation of FIFRA.
V. What is the Agency's Authority for Taking this Action?
Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request. This order reflects the Agency's August 2003, approval of
that request.
VI. Provisions for Disposition of Existing Stocks
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this Notice
includes the following existing stocks provision.
All sale, distribution and use of existing stocks by registrants of
manufacturing-use products bearing these uses was prohibited 90-
calender days after receipt of EPA approved revised labels reflecting
the use deletions. All sale and distribution of existing stocks of end-
use products bearing these uses by registrants was prohibited 90-
calender days after receipt of EPA approved revised labels reflecting
the use deletions. Use of existing stocks of end use products bearing
these uses is not prohibited provided the users follow the labeling
instructions.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: December 15, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-24469 Filed 12-27-05; 8:45 am]
BILLING CODE 6560-50-S