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Azinphos Methyl - Cancellation Order 4/00

[Federal Register: April 19, 2000 (Volume 65, Number 76)]
[Notices]
[Page 20966-20968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap00-70]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-64043A; FRL-6550-8]
Azinphos-Methyl; Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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[[Page 20967]]

SUMMARY: This order announces the use deletions and cancellations as
requested by the companies that hold the registrations of pesticide
products containing the active ingredient azinphos methyl and accepted
by EPA, pursuant to section 6(f) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA). This order follows up a December 3, 1999,
notice of receipt of requests for amendments to delete uses and receipt
of a request for registration cancellations. In that notice, EPA
indicated that it would issue an order confirming the voluntary use
deletions and registration cancellations. As of April 19, 2000 any
distribution, sale, or use of azinphos methyl products is only
permitted in accordance with the terms of the existing stocks
provisions of this cancellation order.

DATES: The cancellations are effective April 19, 2000.

FOR FURTHER INFORMATION CONTACT: Barry O'Keefe, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: 703-308-8035; fax
number: 703-308-8041; e-mail address: okeefe.barry@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. However, you may
be potentially affected by this action if you manufacture, sell,
distribute, or use azinphos methyl products. To determine whether you
or your business may be affected by this action, you should carefully
examine the applicability provisions in Unit I of this document. The
Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement Fairness Act of 1996, does not apply
because this action is not a rule, for purposes of 5 U.S.C. 804(3).
Since other entities may also 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 technical person listed
in the FOR FURTHER INFORMATION CONTACT section.

B. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?

    1. Electronically. You may obtain copies of this document and
certain other available support documents from the EPA Internet Home
Page at http://www.epa.gov/. You may access this document by selecting
"Laws and Regulations" on EPA's Home Page and then looking up the
entry for this document under the "Federal Register--Environmental
Documents." You can also go directly to the "Federal Register"
listings at http://www.epa.gov/fedrgstr/. To access information about
the risk assessment for azinphos methyl, go to the Home Page for the
Office of Pesticide Programs or go directly to http://www/epa.gov/
oppsrrd1/op/azm.htm.
    2. In person. The Agency has established an official record for
this action under docket control number [OPP-64043A]. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as confidential business information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period, is available
for inspection in the Public Information and Records Integrity Branch
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway,
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The PIRIB telephone number is 703-305-5805.

II. Background

A. What Action is the Agency Taking?

    In a memorandum of agreement ("Agreement") effective August 2,
1999, EPA and a number of registrants of products containing azinphos
methyl agreed to several voluntary measures to reduce the dietary,
agricultural worker, and ecosystem risks associated with azinphos
methyl exposure. As part of the Agreement, the signatory and non-
signatory registrants, among other things, agreed to delete the use of
azinphos methyl products on cotton in Louisiana and east of the
Mississippi River, and on sugarcane, ornamentals (except for nursery
stocks), Christmas trees, shade trees, and forest trees.
    On December 3, 1999 (64 FR 67899) (FRL-6394-8), EPA published in
the Federal Register a notice of the Agency's receipt of requests from
the signatory registrants and one non-signatory registrant of pesticide
products containing azinphos methyl to amend their registrations to
delete the use of azinphos methyl products on cotton in Louisiana and
east of the Mississippi River, and on sugarcane, ornamentals (except
for nursery stocks), Christmas trees, shade trees, and forest trees
pursuant to section 6(f)(1)(A) of FIFRA. The registrations for which
amendments were requested are identified in Table 1 below. EPA also
announced the request of one of the signatory registrants to cancel
some of its registrations of pesticide products containing azinphos
methyl. The registrations for which cancellation was requested are
identified in Table 2.

            Table 1.--Registrations With Requested Amendments
------------------------------------------------------------------------
           Company              Reg. No.       Product          SLNs
------------------------------------------------------------------------
Bayer Corporation...........     3125-108  85% Technical    ............
                                 3125-102  22.2%            ............
                                            Emulsifiable
                                            Concentrate
                                 3125-301  50% Wettable        NJ9400300
                                            Powder
------------------------------------------------------------------------
Makhteshim Chemical Works,        11678-4  85% Technical    ............
 Ltd.
                                 11678-53  85% Formulation  ............
                                            Intermediate
------------------------------------------------------------------------
Makhteshim-Agan of North         66222-11  50% Wettable     ............
 America, Inc.                              Powder
                                 66222-12  22.1%            ............
                                            Emulsifiable
                                            Concentrate
                                 66222-16  22.1%            ............
                                            Emulsifiable
                                            Concentrate
------------------------------------------------------------------------
Gowan Company...............     10163-78  50% Wettable       AZ94000800
                                            Powder
                                 10163-80  22.2%            ............
                                            Emulsifiable
                                            Concentrate

[[Page 20968]]

                                 10163-95  85% Technical    ............
                                10163-138  35% Wettable
                                            Powder
                                10163-139  35% Wettable     ............
                                            Powder
                                10163-180  50% PVA (Water   ............
                                            Soluble Bags)
------------------------------------------------------------------------
Micro-Flo Corporation.......     51036-76  22.2%            ............
                                            Emulsifiable
                                            Concentrate
                                51036-130  35% Wettable     ............
                                            Powder
                                51036-164  50% Water          AZ99000500
                                            Dispensable
                                            Granules
------------------------------------------------------------------------
Platte Chemical Company.....    34704-691  22.2%            ............
                                            Emulsifiable
                                            Concentrate
------------------------------------------------------------------------

           Table 2.--Registrations With Cancellation Requests
------------------------------------------------------------------------
           Company              Reg. No.       Product          SLNs
------------------------------------------------------------------------
Micro-Flo Corporation.......    a51036-76  22.2%              TX89001100
                                            Emulsifiable
                                            Concentrate
                                51036-205  50% Wettable     ............
                                            Powder
                                51036-207  22.2%            ............
                                            Emulsifiable
                                            Concentrate
------------------------------------------------------------------------
\a\ Note that EPA Reg. No. 51036-76 is not being canceled; rather SLN
  TX89001100 is being canceled.

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

    In the December 3, 1999, FR Notice, EPA requested public comment on
the voluntary cancellation and use deletion requests, and provided a
30-day comment period. The registrants requested that the Administrator
waive the 180-day period provided under FIFRA section 6(f)(1)(C). No
public comments were submitted to the docket in response to EPA's
request for comments.

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA is approving the requested
use deletions and the requested registration cancellations.
Accordingly, the Agency orders that the registrations identified in
Table 1 above are hereby amended to delete use on cotton in Louisiana
and east of the Mississippi River, and on sugarcane, ornamentals
(except for nursery stocks), Christmas trees, shade trees, and forest
trees. The Agency also orders that the registrations identified in
Table 2 are hereby canceled. Any distribution, sale, or use of existing
stocks of the products identified in Tables 1 and 2 above in a manner
inconsistent with the terms of this Order or the Existing Stock
Provisions in Unit IV of this Federal Register Notice will be
considered a violation of section 12(a)(2)(K) of FIFRA and/or section
12(a)(1)(A) of FIFRA.

IV. Existing Stocks Provisions

    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 a registered pesticide product which are
currently in the United States and which have been packaged, labeled,
and released for shipment prior to the effective date of the amendment
or cancellation.

A. Distribution or Sale by Registrants

    Unless existing stocks of products identified in Table 1 above have
been relabeled in a manner consistent with the Agreement, the
distribution or sale of such stocks by registrants is not lawful under
FIFRA after April 19, 2000, except for the purposes of returns and
relabeling, shipping such stocks for export consistent with the
requirements of section 17 of FIFRA, or for proper disposal. The
distribution or sale of existing stocks of products identified in Table
2 above by registrants is not lawful under FIFRA after April 19, 2000,
except for the purposes of shipping such stocks for export consistent
with the requirements of section 17 of FIFRA or for proper disposal.

B. Distribution or Sale by Other Persons

    Unless existing stocks of products identified in Table 1 above have
been relabeled in a manner consistent with the Agreement, the
distribution or sale of such stocks by persons other than registrants
is not lawful under FIFRA after April 19, 2000, except for the purposes
of returns and relabeling, shipping such stocks for export consistent
with the requirements of section 17 of FIFRA, or for proper disposal.
The distribution or sale of existing stocks of products identified in
Table 2 by persons other than registrants is not lawful under FIFRA
after April 19, 2000, except for the purposes of shipping such stocks
for export consistent with the requirements of section 17 of FIFRA or
for proper disposal.

C. Use of Existing Stocks

    The use of existing stocks of products identified in Tables 1 and 2
above on cotton in Louisiana and east of the Mississippi River, and on
sugarcane, ornamentals (except nursery stock), Christmas trees, shade
trees, and forest trees will be lawful under FIFRA until such stocks
are depleted provided that the use is in accordance with either the
directions for use contained in the Agreement or the existing labeling
of that product.

List of Subjects

    Environmental protection, pesticides and pests.

    Dated: April 10, 2000.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 00-9798 Filed 4-18-00; 8:45 am]
BILLING CODE 6560-50-F