[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Notices]
[Page 26384-26386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-43]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0015; FRL-7354-3]
Dimethoate; Use Cancellation Order; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; correction.
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SUMMARY: EPA issued a notice in the Federal Register of January 28,
2004, prohibiting formulation of manufacturing use dimethoate products
into end-use products labeled for use on certain crops. This notice
announces amendments to the January 28, 2004 cancellation order. These
amendments correctly identify the affected crops and pesticide
products, eliminate a product cancellation, and correct the existing
stocks provisions.
FOR FURTHER INFORMATION CONTACT: Patrick Dobak, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8180; e-mail
address: dobak.pat@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the January 28, 2004 cancellation order a
list of those who may be potentially affected by this action. If you
have 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 identification (ID) number OPP-2004-0015 and OPP-
2003-0263. 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, 1921 Jefferson Davis Hwy., Arlington, VA. This docket
facility is
[[Page 26385]]
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/.
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/ to submit or view public
comments, 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.
II. What Does this Correction Do?
The original cancellation order for uses of pesticide products
containing dimethoate on various commodities was published in the
Federal Register on January 28, 2004 (OPP-2004-0015) (69 FR 4135) (FRL-
7340-1). Units II., III., and IV. in this notice correct the January
28, 2004 cancellation order Units II., III., and V. (pages 4135 and
4136) in order to make them consistent with the registrants' voluntary
cancellation requests and with the September 10, 2003 notice of receipt
of requests to cancel certain uses. Two crops included in the
cancellation requests and identified in the September 10, 2003 (OPP-
2003-0263) (68 FR 53371) (FRL-7321-2) notice of receipt (cabbage and
collards) were inadvertently left out of the January 28, 2004
cancellation order. In addition, although Table 2 of the January 28,
2004 cancellation order was consistent with the September 10, 2003
notice of receipt, it was not consistent with all of the written
requests by the registrants. Table 2 of the January 28, 2004
cancellation order has been deleted and product 7969-32 moved to Table
1 as only certain uses have been cancelled. Lastly, some language in
Unit V. of the January 28, 2004 cancellation order is not consistent
with the proposed existing stocks provisions included in the September
10, 2003 notice of receipt. The corrected language in this notice is
consistent with the cancellation requests made by the registrants and
with the September 10, 2003 notice of receipt. The January 28, 2004
cancellation order is hereby amended as follows:
1. This correction announces cancellation, as requested by the
dimethoate technical registrants, of the following crop uses from all
dimethoate technical products registered under section 3 of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA): Apples, broccoli
raab, cabbage, collards, fennel, grapes, head lettuce, lespedeza,
spinach, tomatillo, and trefoil. The cancellations of the cabbage and
collards uses are effective as of May 12, 2004. The cancellations of
the other uses became effective January 28, 2004.
2. The manufacturing-use product registrations for which
cancellation was requested are identified in Table 1 of this notice.
The registrants will be allowed until January 27, 2005, to exhaust
existing stocks of these products with labels that still include the
cancelled uses identified in this notice. The Agency reserves the right
to propose shorter existing stocks time periods for dimethoate products
in future Federal Register notices and to include end-use products as
well.
Table 1. Manufacturing-Use Products Subject to Cancellation of Certain
Uses
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Product
Company name Product name registration no.
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Cheminova Chemethoate 4787-7
technical
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Gowan Gowan dimethoate 10163-211
technical
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Drexel Drexel dimethoate 19713-209 and
technical 19713-525
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Micro Flo Dimethoate 51036-279
technical
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BASF Corporation Perfekthion 7969-32
manufacturers'
concentrate
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III. Cancellation Order
Pursuant to section 6(f) of FIFRA, EPA approves the requested
cancellations of the dimethoate uses on apples, broccoli raab, cabbage,
collards, fennel, grapes, head lettuce, lespedeza, spinach, tomatillo,
and trefoil for the product registrations identified in Table 1 of this
notice. In addition, also pursuant to section 6(f) of FIFRA. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of this notice in a manner inconsistent with any
of the Provisions for Disposition of Existing Stocks in Unit IV., will
be considered a violation of FIFRA.
EPA is not at this time proposing to revoke existing tolerances
issued pursuant to the Federal Food, Drug, and Cosmetic Act for
residues of dimethoate in or on apples, broccoli raab, cabbage,
collards, fennel, grapes, head lettuce, lespedeza, spinach, tomatillo,
and trefoil. This is because registrations authorizing such uses are
still in effect for certain end-use products containing dimethoate.
IV. Provisions for Disposition of Existing Stocks
For purposes of this cancellation order, the term ``existing
stocks'' is defined, pursuant to EPA's existing stocks policy of (June
26, 1991) (56 FR 29362), as those stocks of registered pesticide
products which are currently in the United States and which have been
packaged, labeled, and released for shipment prior to the effective
date of the cancellation action. The existing stocks provisions of this
cancellation order are as follows:
1. Distribution or sale. It is unlawful for any person to
distribute or sell existing stocks of any product identified in Table 1
of this notice that is labeled for use on apples, grapes, spinach, head
lettuce, cabbage, collards, broccoli raab, fennel, tomatillo,
lespedeza, and trefoil, except:
i. Registrants identified in Table 1 of this notice may sell and
distribute existing stocks of their own products until January 27,
2005.
ii. Any person may ship such existing stocks for the purpose of
export consistent with section 17 of FIFRA or for proper disposal in
accordance with applicable law.
2. Use for producing other products. It is unlawful for any person
to use existing stocks of any product identified in Table 1 of this
notice to produce any product labeled for use on apples, broccoli raab,
cabbage, collards, fennel, grapes, head lettuce, lespedeza spinach,
tomatillo, or trefoil after January 27, 2005.
[[Page 26386]]
List of Subjects
Environmental protection, Pesticides and pests.
Dated: May 29, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 04-10778 Filed 5-11-04; 8:45 am]
BILLING CODE 6560-50-S