[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Notices]
[Pages 67071-67072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33456]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-64036; FRL 5764-2]


Notice of Termination of the Use of Methamidophos on All Crops 
Except Cotton and Potatoes, and Cancellation of All Methamidophos 24(c) 
Food-Use Registration Not Labeled for Use on Tomatoes Only

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of its response to requests for amendment by Bayer Corporation 
and Valent USA, the sole U.S. registrants of the insecticide 
methamidophos, to terminate the use of methamidophos on all 
agricultural crops except cotton and potatoes by deleting all other 
uses from all methamidophos FIFRA section 3 registrations, and to 
cancel all section 24(c) food-use registrations not labeled for use on 
tomatoes only.

DATES: These terminations and cancellations are effective on December 
31, 1997, subject to the existing stocks provision specified herein.

FOR FURTHER INFORMATION CONTACT: By mail: Philip Poli, Special Review 
and Reregistration Division (7508W), Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. Office location, telephone 
number, and e-mail: Special Review Branch, Crystal Station #1, 3rd 
floor, 2800 Crystal Drive, Arlington, VA, (703) 308-8038; e-mail: 
<a href="/cdn-cgi/l/email-protection#c7b7a8abaee9b7afaeabaeb787a2b7a6aaa6aeabe9a2b7a6e9a0a8b1"><span class="__cf_email__" data-cfemail="14647b787d3a647c7d787d645471647579757d783a7164753a737b62">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    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. The Act further 
provides that, before acting on the request, EPA must publish a notice 
of receipt of any such request in the Federal Register and provide for 
a 30-day public comment period. Thereafter, the Administrator of EPA 
may approve such a request, unless the Administrator determines, in the 
case of a pesticide that is registered for a minor agricultural use, 
that the cancellation or termination of uses would adversely affect the 
availability of the pesticide for use. If such a determination is made, 
unless certain exceptions apply, the Administrator may not approve or 
reject a request until 180 days have passed from the date of 
publication in the Federal Register of the notice of receipt.
    Methamidophos is registered for minor agricultural uses that would 
be affected by a termination of uses and cancellation of registrations. 
Accordingly, in a July 2, 1997 Federal Register notice announcing 
receipt of these requests for termination/cancellation, the 
Administrator set forth a 180-day effective schedule for approval of 
the requests.

II. Background

    EPA conducted an occupational risk assessment that estimated risks 
associated with short-and intermediate-term exposures of agricultural 
workers to methamidophos. The assessment indicated that the risks to 
workers of

[[Page 67072]]

acute exposure exceeded EPA's level of concern. In addition to the risk 
assessment, EPA had California and nationwide human incident data 
indicating acute worker exposure incidents associated with 
methamidophos use. EPA met with Bayer and Valent, the sole U.S. 
methamidophos registrants, on August 1, 1996, to present EPA's concerns 
and discuss voluntary measures to reduce risk. At the meeting, the 
registrants proposed the use terminations and product cancellations 
announced in this notice, as well as other measures including 
additional spray drift language, a phase-in of closed mixing and 
loading systems, and participation in industry-wide education efforts.
    In the Federal Register of July 2, 1997 (62 FR 35812) (FRL 5724-7), 
EPA issued a notice announcing receipt of the methamidophos 
registrants' requests to terminate uses and cancel registrations under 
sections 3 and 24(c) of FIFRA, and provided notice of EPA's intent to 
accept those requests. In letters dated November 12, 1996, and February 
21, 1997 respectively, Bayer and Valent requested that FIFRA section 3 
registrations be amended to terminate (by use deletion) the use of 
methamidophos on broccoli, Brussels sprouts, cabbage, cauliflower, 
celery, and sugar beets, and that section 24(c) registrations labeled 
for melons, cucumbers, lettuce, alfalfa, bermuda grass, peppers, 
clover, and eggplant be canceled, leaving tomatoes as the only 
remaining food use with methamidophos 24(c) registrations.
    The following comments were received by the Agency in response to 
the notice published in the Federal Register of July 2, 1997:
    1. Comment from Bayer Corporation. A comment was received by the 
Agency from Bayer Corporation concerning the existing stocks provision 
as stated in the notice of July 2, 1997. Bayer Corporation requested 
that the Agency amend the existing stocks provision to allow the 
existing stocks already in possession of the dealers as of December 31, 
1997, to be distributed, sold, or used legally until they are 
exhausted.
    Agency response. The Agency after reviewing the existing stocks 
provision as listed in the notice published in the Federal Register of 
July 2, 1997, concurs with the company request. The Agency believes 
that the amount of methamidophos in inventory is relatively small and 
will decrease rapidly after the December 31, 1997 effective date for 
these voluntary terminations/cancellations. Therefore, the existing 
stocks provision listed in the notice of July 2, 1997 is amended to 
read:

    After December 31, 1997, methamidophos registrants may not sell 
or distribute any stocks of canceled methamidophos products or 
methamidophos products containing any terminated uses. Persons other 
than the registrant will be permitted to sell, distribute, and use 
the product until their supplies are exhausted.

    2. Comment from Bayer Corporation. A comment was received by the 
Agency from Bayer Corporation inquiring about several 24(c) 
registrations that currently exist for cotton use only. Bayer 
Corporation questioned that since cotton is one of the crops being 
maintained on the section 3 label language would it be allowable to 
maintain these existing 24(c) labels as well. These 24(c)'s were not 
listed in the July 2, 1997 Federal Register notice as cancellations. 
The 24(c)'s in question are: CA790188, AR810044, AR870007, MS810014 and 
MS810055.
    Agency response. The Agency agrees that since these 24(c) 
registrations are only for the agricultural crop cotton, and this crop 
has been retained under a FIFRA section 3 registration they may be 
maintained.
    3. Comment from Tomen Agro, Incorporated. A comment was received by 
the Agency from Tomen Agro, Inc. requesting that the tolerances for the 
canceled crop uses be retained in 40 CFR 180.315 because these 
commodities are being legally treated in other countries and imported 
into the United States. Withdrawal of these tolerances would be 
disruptive to international trade associated with these commodities.
    Agency response. As an administrative matter, the Agency normally 
proposes to revoke the existing tolerance for a crop shortly after the 
agricultural use has been terminated. However, as commenters have 
expressed an interest in leaving the tolerances in place and as these 
cancellations were a voluntary measure by the registrants and were not 
due to any dietary risk to humans posed by methamidophos residues on 
these food crops, the Agency will not propose to revoke, at this time, 
the tolerances for the terminated or canceled crop uses listed in 40 
CFR 180.315.
    Under section 408(l)(5) as amended by The Food Quality Protection 
Act of 1996 (FQPA), food lawfully treated, prior to the cancellation 
notice and crops treated with existing stocks, will not be rendered 
adulterated despite the lack of a tolerance, so long as the residue on 
the food complies with the tolerance in place at the time of treatment. 
These tolerances will be modified or revoked at the time that the 
Reregistration Eligibility Decision (RED) document is published 
(presently scheduled for 1998), and the results of the tolerance 
reassessment will be published in a Federal Register notice.

III. Final Actions and Existing Stocks Provision

    This notice terminates (by use deletion from section 3 
registrations) the use of methamidophos on broccoli, Brussels sprouts, 
cabbage, cauliflower, celery, and sugar beets, and the section 24(c) 
registrations labeled for melons, cucumbers, lettuce, alfalfa, bermuda 
grass, peppers, clover, and eggplant are canceled. These terminations 
and cancellations are effective December 31, 1997. The Agency has 
determined that after December 31, 1997, methamidophos registrants may 
not sell or distribute any stocks of canceled methamidophos products or 
methamidophos products containing any terminated uses. Persons other 
than the registrant will be permitted to sell, distribute, and use the 
product until their supplies are exhausted.

List of Subjects

    Environmental protection, Pesticides and pests, Product 
registrations.

    Dated: December 17, 1997.

Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 97-33456 Filed 12-22-97; 8:45 am]
BILLING CODE 6560-50-F


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