[Federal Register: January 28, 2004 (Volume 69, Number 18)]
[Notices]
[Page 4135-4136]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ja04-51]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0015; FRL-7340-1]
Dimethoate; Use Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's cancellation order, as requested
the registrants, for certain uses associated with the manufacturing-use
registrations for products containing dimethoate (O,O-Dimethy S-
((methylcarbamoyl)methyl phosphodithioate), pursuant to section 6(f) of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This
order follows up a September 10, 2003 Notice of receipt of requests
from the registrants for cancellation of use on grapes, apples, head
lettuce, spinach, chard, broccoli raab, fennel, tomatillo, lespedeza
and trefoil on all technical registrations. The cancellations are
effective as of the date of this notice. The registrants are permitted
to sell or distribute existing stocks for 1-year after the effective
date of this cancellation order. Other persons are permitted to use
existing stocks only to produce products that are not labeled for the
above uses.
DATES: This order is effective January 28, 2004.
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?
This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, 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 information in this notice, 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-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 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. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.A.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
II. What Action is the Agency Taking?
This notice announces cancellation, as requested by the dimethoate
technical registrants, of the following crop uses from all dimethoate
technical products registered under section 3 of FIFRA: Apples, grapes,
spinach, head lettuce, chard, broccoli raab, fennel, tomatillo,
lespedeza and trefoil.
A. Requests for Voluntary Cancellations
The manufacturing-use product registrations for which cancellation
was requested are identified below in Tables 1 and 2. The Agency is
affording the 1-year period from this cancellation date to allow
registrants to exhaust existing stocks of products with labels that
still include the uses canceled 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
Number
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Cheminova Chemethoate 4787-7
Technical
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Drexel Drexel Dimethoate 19713-209 and
Technical 19713-525
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Gowan Gowan Dimethoate 10163-211
Technical
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Micro Flo Dimethoate 51036-279
Technical
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Table 2 of this unit includes the name and product for the
registrant that requested cancellation of their technical product
altogether:
[[Page 4136]]
Table 2.--Technical Product Subject to Cancellation
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Company Name Product Name Product Number
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BASF Corporation Perfekthion 7969-32
Manufacturers'
Concentrate
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BASF is continuing to support their dimethoate end-use products.
B. Comments Received on Basis for this Action
In the notice of receipt of requests for voluntary cancellation (68
FR 53371, September 10, 2003) (FRL-7321-2), the Agency stated that the
dimethoate uses subject to the requests for cancellation contributed
significantly to dietary risk, and that cancellation was necessary in
order to address dietary risk from dimethoate. The Agency would like to
clarify that these statements are the Agency's, and that the
registrants' state that their requests for voluntary cancellation were
made as business decisions and did not acknowledge any dietary risks
for dimethoate.
III. Cancellation Order
Pursuant to section 6(f) of FIFRA, EPA hereby approves the
requested cancellations of the dimethoate uses on apples, grapes,
spinach, head lettuce, chard, broccoli raab, fennel, tomatillo,
lespedeza and trefoil for the product registrations identified in Table
1 of Unit II.A. In addition, also pursuant to section 6(f), EPA
approves the requested cancellation of the dimethoate manufacturing-use
product registration identified in Table 2 of Unit II.A. Any
distribution, sale, or use of existing stocks of the products
identified in Tables 1 and 2 in a manner inconsistent with any of the
Provisions for Disposition of Existing Stocks set forth below in Unit
V. 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, grapes, spinach, head lettuce,
chard, broccoli raab, fennel, tomatillo, lespedeza, and trefoil. This
is because registrations authorizing such uses are still in effect for
certain end use products containing dimethoate.
IV. 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. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. The Administrator may approve such a request after a public
comment period. Notice of receipt of the cancellation requests was
published on September 10, 2003 (68 FR 53371). The registrants have
waived the 180-day comment period, and the 30-day comment period
provided in section 6(f)(1)(B) has ended.
V. 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 (56 FR
29362, June 26, 1991), 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. See 56 FR 29362 (June 26, 1991). 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
that is labeled for use on apples, grapes, spinach, head lettuce,
chard, broccoli raab, fennel, tomatillo, lespedeza and trefoil, or any
product identified in Table 2, except:
i. Registrants identified in Tables 1 and 2 may sell and distribute
existing stocks of their own products until January 28, 2005.
ii. Any person may ship such existing stocks for the purpose of
export consistent with FIFRA section 17 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 or 2 to
produce any product labeled for use on apples, grapes, spinach, head
lettuce, chard, broccoli raab, fennel, tomatillo, lespedeza or trefoil.
Existing stocks of products identified in Tables 1 and 2 may be used to
produce products that are not labeled for use on apples, grapes,
spinach, head lettuce, chard, broccoli raab, fennel, tomatillo,
lespedeza or trefoil.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: January 8, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 04-1824 Filed 1-27-04; 8:45 am]
BILLING CODE 6560-50-S