

[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
