

[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Notices]               
[Page 9328-9330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe08-67]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0061; FRL-8349-8]

 
Azinphos-methyl; Product Cancellation Order and Amendments to 
Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice publishes EPA's order for the cancellations and 
amendments to terminate uses, voluntarily requested by the registrants 
and accepted by the Agency, of products containing the pesticide 
azinphos-methyl (AZM), pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This 
cancellation order follows an August 8, 2007 Federal Register Notice of 
Receipt of Requests from the AZM registrants to voluntarily cancel and 
amend to terminate uses of all their AZM product registrations by 
September 30, 2012. Subject to the terms and conditions described in 
Unit II below and except as provided in the existing stocks provisions 
of the cancellation order, the order terminates distribution, sale and 
use of AZM products labeled for use on Brussels sprouts and nursery 
stock effective as of today's date; and prohibits use of such products 
on Brussels spouts and nursery stock effective September 30, 2008; 
terminates AZM use on walnuts, almonds, and pistachios effective 
October 30, 2009; and cancels all AZM products effective September 30, 
2012. The cancellation of AZM products serves to terminate the six 
remaining uses of AZM (apples, pears, cherries, blueberries, alkali bee 
beds, and parsley) on September 30, 2012. All distribution, sale and 
use of such products will be prohibited as of that date except as 
provided in the existing stocks order of the notice. While the alkali 
bee bed use was not specifically identified in the registrants' 
voluntary cancellation requests, the registrants requested cancellation 
of all AZM products, which includes products labeled for the bee bed 
use. These are the last AZM products registered for use in the United 
States. In the August 8, 2007 notice, EPA indicated that it would issue 
an order implementing the cancellations and 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 
hereby issues in this notice a cancellation order granting the 
requested cancellations and amendments to terminate uses. Any 
distribution, sale, or use of the AZM products subject to this 
cancellation order is permitted only in accordance with the terms of 
this order, including any existing stocks provisions.

DATES: This order is February 20, 2008.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8589; fax 
number: (703) 308-7070; e-mail address: myers.tom@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 a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2005-0061. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 

copy, at the Office of Pesticide Programs (OPP) Regulatory Public 
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal 
Dr., Arlington, VA. The hours of operation of this Docket Facility are 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The Docket Facility 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.


II. What Action is the Agency Taking?

    This notice announces the cancellation and amendments to terminate 
uses, as requested by registrants, of all end-use and manufacturing-use 
AZM products registered under section 3 and 24(c) of FIFRA. At the 
request of EPA, the AZM registrants requested that EPA terminate 
certain uses in 2007 and 2009 and cancel all remaining AZM product 
registrations in 2012 (identified in Table 1 of this notice), subject 
to certain terms and conditions. Specifically they requested the 
deletion of the Brussels sprouts and nursery stock uses from their 
registrations not sooner than the later of September 30, 2007 or 90 
days from the date EPA approves draft

[[Page 9329]]

labeling submitted by the registrants (draft labeling was approved on 
August 14, 2007); deletion of the walnut, almond, and pistachio uses 
not sooner than October 30, 2009; and the cancellation of all AZM 
registrations (thereby ending AZM use on apples, pears, cherries, 
blueberries, alkali bee beds, and parsley) not sooner than September 
30, 2012. Other terms and conditions include:
    1. A condition that the requests for termination of use and 
voluntary cancellation shall not be made effective until EPA conducts 
an independent scientific review of a submission from the registrants 
requesting reconsideration of EPA's decision to maintain an inter-
species uncertainty factor in its risk assessment of AZM for 
agricultural workers. EPA has conducted this review and provided its 
response to the registrants.
    2. A condition that the requests for voluntary cancellation of all 
AZM products shall not become effective unless:
    i. EPA holds at least one public meeting to obtain views regarding 
the continued need for access to AZM prior to July 1, 2011 (EPA has 
thus far held a series of public meetings under the auspices of the 
Pesticide Program Dialogue Committee regarding the need for AZM and 
issues related to the transition to alternatives); and
    ii. EPA makes a determination not later than November 1, 2011 for 
the remaining uses of AZM whether to conduct a risk-benefit analysis 
for AZM prior to the cancellation of these uses, and, if it so 
determines, conducts such analysis not later than July 1, 2012.
    If the actions described above result in the retention of any AZM 
use beyond the stop-use date (as provided in the existing stock 
provisions below and in appendix A of the November 16, 2006 Final 
Decisions for the Remaining Uses for Azinphos-methyl), the registrants 
may request that product labeling be amended consistent with the terms 
of such actions and EPA shall grant any amendment that is consistent 
with such actions and the provisions of 40 CFR part 156.
    Affected registrations are listed in sequence by registration 
number in Table 1 of this unit. EPA believes this is the complete list 
of all such products; however, because the registrants requested 
cancellation of all AZM products, the cancellation order and amendment 
to terminate uses extend to all AZM products held by these registrants 
irrespective of whether the products are specifically listed in the 
tables below.

                   Table 1.--AZM Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
264-722                                     Guthion Solupak 50% Wettable
                                             Powder in Water Soluble
                                             Packets
------------------------------------------------------------------------
264-733                                     Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
10163-78                                    Gowan Azinphos-M 50 WSB
------------------------------------------------------------------------
10163-95                                    Azinphos-methyl Technical
------------------------------------------------------------------------
11678-53                                    Cotnion-Methyl
------------------------------------------------------------------------
66222-11                                    Cotnion-Methyl Azinphos-
                                             methyl 50W
------------------------------------------------------------------------
66330-233                                   Azinphos-methyl 50W
------------------------------------------------------------------------
ID000006                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
NJ990010                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
OH020005                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
OR040020                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
TX030011                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
WA000001                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------
WA030035                                    Guthion Solupak 50% Wettable
                                             Powder Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number. Please note, Guthion Technical Insecticide (264-
722) was transferred to Makhteshim Chemical Works LTD (11678-70) in 
October 2007, and Guthion Solupak 50% Wettable Powder Insecticide (264-
733) was transferred to Makteshim-Agan of North America (66222-162) in 
October 2007. In addition, the following Special Local Need 
registrations will be cancelled immediately upon publication of this 
notice: ID000006, NJ990010, OH020005, TX030011, and WA000001. Special 
Local Need registrations OR040020 and WA030035 (both registered only 
for alkali bee bed use) are subject to existing stocks provisions as 
listed in Unit IV.2. of this notice.

     Table 2.--Registrants of Cancelled and/or Amended AZM Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
264                                         Bayer Crop Science
                                            P.O. Box 12014
                                            2 T.W. Alexander Drive
                                            Research Triangle Park, NC
                                             27709
------------------------------------------------------------------------
11678                                       Makteshim Chemical Works LTD
                                            c/o Makteshim Agan of North
                                             America
                                            4515 Falls of Neuse RD STE
                                             300
                                            Raleigh, NC 27609
------------------------------------------------------------------------
66222                                       Makteshim-Agan of North
                                             America
                                            4515 Falls of Neuse RD STE
                                             300
                                            Raleigh, NC 27609
------------------------------------------------------------------------
10163                                       Gowan Company
                                            PO Box 5569
                                            Yuma, AZ 85366-5569
------------------------------------------------------------------------
66330                                       Arysta Lifescience North
                                             America Corporation
                                            15401 Weston Parkway, Suite
                                             150
                                            Cary, NC 27513
------------------------------------------------------------------------

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 August 8, 2007 Federal Register notice (72 FR 44511) 
(FRL-8134-7) announcing the Agency's receipt of the requests for 
voluntary cancellations and amendments to terminate uses of AZM.

IV. Cancellation Order

    1. Cancellation and amendment. Pursuant to FIFRA section 6(f), EPA 
hereby approves the requested cancellations and amendments to terminate 
uses of AZM registrations identified in Table 1 of Unit II. and any 
other AZM product that may be held by the registrants listed in Table 2 
of Unit II. Accordingly, subject to the terms and conditions described 
in Unit II. of this notice, the Agency orders that these AZM product 
registrations are hereby canceled and amended as follows:
    i. Use of AZM products on Brussels sprouts and nursery stock is 
prohibted as of September 30, 2008.

[[Page 9330]]

    ii. Use of AZM products on walnuts, almonds, and pistachios is 
prohibited effective October 30, 2009
    iii. All AZM products currently held by any of the registrants 
listed in Table 2 of Unit II are canceled effective September 30, 2012. 
Any distribution, sale, or use of these products in a manner 
inconsistent with this order, including the provisions in Unit IV.2 
regarding the disposition of existing stocks, will be considered a 
violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.
    2. Existing Stocks. For purposes of this order, the term ``existing 
stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR 
29362, June 26, 1991) as 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 
amendment or cancellation action. This cancellation order includes the 
following existing stocks provisions.
    a. Distribution or sale. i. Distribution or sale of products 
bearing the Brussels sprouts and nursery stock uses is prohibited 
effective as of February 20, 2008, except for the purposes of proper 
disposal, reformulation, relabeling, or export consistent with section 
17 of FIFRA, which activities may continue until such stocks are 
depleted.
    ii. Distribution or sale of Special Local Need registrations 
OR040020 and WA030035 bearing the alkali bee beds use is prohibited 
after December 31, 2010 except the sale or distribution of such 
products for the purposes of proper disposal, reformulation, 
relabeling, or export consistent with section 17 of FIFRA, which 
activities may continue until such stocks are depleted.
    iii. For products bearing all other uses, distribution or sale of 
such products is prohibited after September 30, 2012 except the sale or 
distribution of such products for the purposes of proper disposal, 
reformulation, relabeling, or export consistent with section 17 of 
FIFRA, which activities may continue until such stocks are depleted.
    b. Use. i. Use of products on Brussels sprouts and nursery stock is 
prohibited as of February 20, 2008. Labels prohibit use on almonds, 
walnuts, and pistachios after October 30, 2009.
    ii. Use of all azinphos methyl products subject to this notice for 
any use is prohibited after September 30, 2012.
    Note that the stop use dates for the uses are also reflected on 
amended product labeling. Any use of existing stocks must be consistent 
with the directions for use on product labeling.

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.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated:February 12, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-3112 Filed 2-19-08; 8:45 a.m.]

BILLING CODE 6560-50-S
