

[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Notices]               
[Page 72827-72829]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de05-79]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0061; FRL-7742-6]

 
Azinphos-methyl Ecological Risk Assessment, Grower Impact 
Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's environmental 
fate and effects risk assessment, grower impact assessments, and 
related documents for the organophosphate pesticide azinphos-methyl, 
and opens a 60-day public comment period on these documents. EPA is in 
the process of reevaluating the remaining uses for azinphos-methyl, 
consistent with the Interim Reregistration Eligibility Decision (IRED) 
issued in 2001 and the May 2002 Memorandum of Agreement between EPA and 
the technical registrants for azinphos-methyl.

DATES: Comments must be received on or before February 6, 2006.

ADDRESSES:  Comments, identified by docket identification (ID) number 
EPA-HQ-OPP-2005-0061, may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

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 ID number EPA-HQ-OPP-2005-0061. 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/.

    Agency Website. EDOCKET, EPA's electronic public docket 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 online 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/


[[Page 72828]]

 to submit or view public comments, to 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. Once in the 
system, select ``search,'' then key in the appropriate docket ID 
number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i.  EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments. 

Once in the system, select ``search,'' and then key in docket ID number 
EPA-HQ-OPP-2005-0061. The system is an ``anonymous access'' system, 
which means EPA will not know your identity, e-mail address, or other 
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov, 
Attention: Docket ID Number EPA-HQ-OPP-2005-0061. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number EPA-HQ-OPP-2005-
0061.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number EPA-HQ-OPP-2005-0061. Such deliveries are only accepted during 
the docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

     Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior

[[Page 72829]]

notice. If you have any questions about CBI or the procedures for 
claiming CBI, please consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provide the name, date, and Federal 
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    EPA is making available the environmental fate and ecological 
effects risk assessment, and the grower impact assessments for 
azinphos-methyl. Azinphos-methyl is an organophosphate insecticide 
first registered in 1959, and is used in agriculture on orchard fruits, 
berries, nuts, and other crops. The Interim Reregistration Eligibility 
Decision for azinphos-methyl was issued in October 2001. During the 
development of the IRED, EPA evaluated the risks and benefits 
associated with azinphos-methyl use, considered all relevant risk 
mitigation options and implemented a variety of mitigation measures, 
including reductions in the rate and frequency of applications and 
precautionary labeling to reduce risks. Despite these mitigation 
measures, calculated risks to workers and the environment from 
azinphos-methyl use still indicated potential concerns. The technical 
registrants of azinphos-methyl entered into a Memorandum of Agreement 
(MOA) with EPA that was signed on May 23, 2002, which provided for the 
deletion or phase out of most azinphos-methyl uses. The remaining 10 
uses have time-limited registrations pending the submission and 
evaluation of biomonitoring, product efficacy and other data. These 
uses include: Almonds; apples and crab apples; blueberries, lowbush and 
highbush; Brussels sprouts; sweet and tart cherries; nursery stock; 
parsley; pears; pistachios; and walnuts. EPA intends to complete its 
evaluation of these uses and propose a decision in 2006.
    EPA is providing an opportunity, through this notice, for 
interested parties to provide comments and input on the Agency's 
ecological risk and grower impact assessments for azinphos-methyl. Such 
comments and input could address, for example, the availability of 
additional data to further refine the risk or grower impact 
assessments, information about a specific pest problem not addressed or 
evaluated in the assessment, or could address the Agency's risk 
assessment methodologies and assumptions as applied to this specific 
pesticide. Some sample questions are provided in a memorandum to the 
docket, dated November 29, 2005. These questions may be used as a guide 
for commenting on the assessments available in this docket.
    Comments should be limited to issues raised within the assessments 
and associated documents. Failure to comment on any such issues as part 
of this opportunity will not limit a commenter's opportunity to 
participate in any later notice and comment processes on this matter. 
All comments should be submitted using the methods in Unit I. of the 
SUPPLEMENTARY INFORMATION, and must be received by EPA on or before the 
closing date. Comments will become part of the Agency Docket for 
azinphos-methyl. Comments received after the close of the comment 
period will be marked ``late.'' EPA is not required to consider these 
late comments.

B. What is the Agency's Authority for Taking this Action?

    The Agency is issuing this Notice in connection with decisions it 
will make in 2006 pursuant to section 3(c)(5) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) regarding uses of 
azinphos-methyl and phosmet.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 23, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-23719 Filed 12-2-05; 1:05 pm]

BILLING CODE 6560-50-S
