Environmental Protection Agency (EPA).
Notice.
This notice announces the order to amend registrations to terminate certain uses, voluntarily requested by the registrant(s) and accepted by the Agency, of end-use 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 an August 17, 2005,
The cancellations are effective March 29, 2006.
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:
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
ÿ091.
2.
ÿ09In 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 Interim Reregistration Eligibility Decision 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 the seven uses that are the subject of this order, and are scheduled to be phased out in September, 2006. The Group 2 uses included: caneberries, cotton, cranberries, peaches/nectarines, potatoes, and Southern pine seed orchards. Group 3 is comprised of the only 10 remaining uses which have time-limited registrations that are currently in the process of being reevaluated. This Order implements the Agency's decision on the Group 2 uses for azinphos-methyl.
Table 1 includes the product registration numbers, the names of the products requested to be terminated and the name of the registrants in sequence by EPA number.
Table 2 includes the names and addresses of record for the registrants that requested use terminations for their products, in sequence by EPA company number.
During the public comment period provided, EPA received two comments in response to the August 17, 2005
Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellations and amendments to terminate uses of azinphos-methyl registrations identified in Table 1 of Unit II. Accordingly, the Agency orders that the azinphos-methyl product registrations identified in Table 1 of Unit II. are hereby amended to terminate the affected uses. Any distribution, sale, or use of the products identified in Table 1 of Unit II. in a manner inconsistent with this order, including any of the provisions for disposition of existing stocks set forth below in Unit VI., will be considered a violation of FIFRA. ÿ09
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 for public comment a notice of receipt of any such request in the
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 Agency proposed to include the following provisions for the treatment of any existing stocks of the azinphos-methyl end-use products identified in Table 1: The distribution or sale of these products is permitted until March 31, 2006. The use of existing stocks of these products in the United States is permitted until September 30, 2006 provided such use is in a manner consistent with the labeling of these products.
Section III B 3 of the 2002 Memorandum of Agreement provides for extension of sale and distribution of existing stocks of end-use products by an equal period of time if EPA issues the termination order after August 31, 2005. Distribution or sale of existing stocks of end-use products, is allowed until March 31, 2006. Use of these end-use products is allowed until September 30, 2006, to avoid difficulties and confusion to growers that could result from a mid-use season existing stocks date. The existing stocks dates in this notice for end-use products are compatible with those established for the corresponding manufacturing-use products.
Environmental protection, Pesticides and pests.