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[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
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: <A href="dobak.pat@epa.gov">dobak.pat@epa.gov</A>.
SUPPLEMENTARY 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
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register'' listings
at <A href="http://www.epa.gov/fedrgstr/">http://www.epa.gov/fedrgstr/</A>.
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 <A href="http://www.epa.gov/edocket/">http://www.epa.gov/edocket/</A> 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
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 (
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:
Debra Edwards,
Director, Special Review and Reregistration Division,
Office of Pesticide Programs.
[FR Doc. 04-1824 Filed
BILLING CODE 6560-50-S
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