[Federal Register Volume 67, Number 49 (Wednesday, March 13, 2002)]
[Notices]
[Pages 11330-11333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6090]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34143D; FRL-6828-1]


Dimethoate Products Cancellation Order and Label Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order for the product 
and use cancellations as requested by companies (hereafter collectively 
referred to as the ``EUP Registrants'') that hold the registrations of 
pesticide End-Use Products (EUPs) containing the active ingredient 
dimethoate and accepted by EPA, pursuant to section 6(f) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows 
up a January 10, 2002 notice of receipt from the EUP Registrants, of 
requests for cancellations and or amendments of their dimethoate 
product registrations to terminate all indoor uses, certain 
agricultural uses and certain outdoor non-agricultural uses. In the 
January 10, 2002 notice, EPA indicated that it would issue an order 
granting the voluntary product and use registration cancellations 
unless the Agency received any substantive comment within the comment 
period that would merit its further review of these requests. The 
Agency did not receive any comments. Accordingly, EPA hereby issues in 
this notice a cancellation order granting the requested cancellations. 
Any distribution, sale, or use of the products subject to this 
cancellation order is only permitted in accordance with the terms of 
the existing stocks provisions of this cancellation order.

DATES: The cancellations are effective on March 13, 2002.

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, telephone number: (703) 308-6249; fax number: 
(703) 308-7042; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:   

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use dimethoate products. The Congressional Review Act, 5 
U.S.C. 801 et seq., as added by the Small Business Regulatory 
Enforcement Fairness Act of 1996, does not apply because this action is 
not a rule, for purposes of 5 U.S.C. 804(3).
    Since other entities may also 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 FOR 
FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. To access information about the risk 
assessment for dimethoate, go to the Home Page for the Office of 
Pesticide Programs or go directly to http://www.epa.gov/pesticides/op/dimethoate.htm.
    2. In person. The Agency has established an official record for 
this

[[Page 11331]]

action under docket control number OPP 34143D. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

II. Receipt of Requests to Cancel and Amend Registrations to Delete 
Uses

A. Background

    Certain registrants requested in letters dated July, August, 
September, and October, 2001, that their dimethoate registrations be 
amended to delete all indoor uses and certain agricultural uses, as 
described below. The requests also included deletions of outdoor non-
agricultural uses from the labeling of certain end-use products so that 
such products would be labeled for agricultural uses only. Similarly, 
other dimethoate end-use registrants requested voluntary cancellation 
of their dimethoate EUP registrations with indoor use and/or certain 
outdoor non-agricultural uses. EPA announced its receipt of these 
above-mentioned cancellation requests in a Federal Register Notice 
dated January 10, 2002 (67 FR 1345)(FRL-6817-5).
    These requested cancellations and amendments are consistent with 
the requests in December 2000 by the manufacturers of dimethoate 
technical products, and EPA's approval of such requests, to terminate 
all residential uses and certain agricultural uses from their 
dimethoate product registrations. The indoor uses and agricultural uses 
subject to cancellation are identified in the list below:
    List--Uses Requested for Termination

     Residential and public area uses. Any use in or around 
a structure used as a residence or domestic dwelling, or on any 
articles or areas associated with such structures (including 
household contents, home gardens, and home greenhouses).
     Any use in public or private building or structure 
(including recreational facilities, theaters, hotels, resorts, or 
other buildings used for public accommodation, or in any other 
commercial, industrial, or institutional building), or on any 
articles or areas associated with such structures, including refuse 
areas, building contents and landscaping and playgrounds.
     Agricultural uses. Housefly treatments on farm 
buildings and structures, farm animals, and manure piles.
    In today's Cancellation Order, EPA is approving the registrants' 
requested cancellations and amendments of their dimethoate end-use 
products registrations to terminate all uses identified in the list 
above.

B. Requests for Voluntary Cancellation of End-Use Products

    The end-use product registrations for which cancellation was 
requested are identified in the following Table 1.

      Table 1.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
             Company               Registration No         Product
------------------------------------------------------------------------
Bonide Products, Inc.                         4-256  Bonide Systemic
                                                      Insecticide
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Value Garden Supply, LLC                     70-113  Kill-Ko Cygon 2-E
                                                      Systemic
                                                      Insecticide
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Value Garden Supply, LLC                    192-134  Drexol Cygon
                                                      Systemic
                                                      Insecticide
------------------------------------------------------------------------
Value Garden Supply, LLC                   5887-128  Black Leaf Cygon 2-
                                                      E
------------------------------------------------------------------------
Rockland Corporation                        572-224  Rockland Residual
                                                      Fly Spray
------------------------------------------------------------------------
Universal Cooperatives Inc.                1386-449  Cygon 2E Systemic
                                                      Insecticide
------------------------------------------------------------------------
AMVAC Chemical Corporation                  5481-54  ALCO Cygon 2 E
------------------------------------------------------------------------
Celaflor GMBH                               69129-3  Celaflor Rose Patch
------------------------------------------------------------------------

    EPA did not receive any comments on the requests for cancellation 
of dimethoate products for residential use and the agricultural uses 
described above. Accordingly, the Agency is issuing an order in this 
notice canceling the registrations identified in Table 1, as requested 
by the EUP registrants.

C. Requests for Voluntary Amendments of End-Use Product Registrations 
to Terminate Certain Uses

    Pursuant to section 6(f)(1)(A) of FIFRA, many EUP Registrants 
submitted requests to amend a number of their dimethoate end-use 
product registrations to terminate the uses identified in the List 
above or any other uses as specified for each product in the January 
10, 2002, Dimethoate 6(f) Notice and reiterated in Table 2 below. EPA 
did not receive any comments expressing a need for any of the uses for 
which termination was requested. The registrations for which amendments 
to terminate specific uses were requested are identified in the 
following Table 2:

        Table 2.--End-Use Product Registration Amendment Requests
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                                                       Product Name:Use
             Company               Registration No        Deletions
------------------------------------------------------------------------
Dragon Chemical Corporation                  16-160  Dragon Cygon 2E
                                                      Systemic
                                                      Insecticide
------------------------------------------------------------------------

[[Page 11332]]

 
Value Gardens Supply, LLC                   769-948  Pratt Cygon 2-E
                                                      Systemic
                                                      Insecticide
------------------------------------------------------------------------
Uniroyal Chemical Company Inc.              400-278  De-Fend E267
                                                      Dimethoate
                                                      Systemic
                                                      Insecticide
------------------------------------------------------------------------
Southern Agricultural                       829-251  SA-50 Brand Cygon 2
 Insecticides,                                        E Dimethoate Inc.
                                                      Systemic
                                                      Insecticide
------------------------------------------------------------------------
Universal Cooperatives Inc.                1386-449  Cygon 2-E Systemic
                                                      Insecticide
------------------------------------------------------------------------
Universal Cooperatives Inc.                1386-618  Dimethoate 267 EC
                                                      Systemic
                                                      Insecticide
------------------------------------------------------------------------
Helena Chemical Company                    5905-493  Dimethoate 4EC
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Helena Chemical Company                    5905-497  5 LB Dimethoate
                                                      Systemic
                                                      Insecticide
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Voluntary Purchasing Group Inc.            7401-338  Hi-Yield Cygon
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BASF Corporation                            7969-38  Rebelate 2E
                                                      Insecticide
------------------------------------------------------------------------
Agriliance, LLC                            9779-273  Dimate 4E
------------------------------------------------------------------------
Platte Chemical Company, Inc.             34704-207  Clean Crop
                                          34704-762   Dimethoate 400
                                                     Flygon 2-E
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Haco, Inc.                                 2393-377  Cygon 2-E Systemic
                                                      Insecticide
------------------------------------------------------------------------
Micro-Flo Company LLC                     51036-110  Dimethoate 4E
                                          51036-198  Cymate 267
------------------------------------------------------------------------
Cheminova Agro F/S                         67760-36  Chemathoate 267
                                           67760-44   E.C. Systemic
                                                      Insecticide
                                                     Dimethoate 4W
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of dimethoate product and use registrations 
identified in Tables 1 and 2 of this Notice. Accordingly, the Agency 
orders that the dimethoate end-use product registrations identified in 
Table 1 are hereby canceled. The Agency also orders that all of the 
end-use product registrations identified in Table 2 are amended to 
cancel those uses identified in List 1. Any distribution, sale, or use 
of existing stocks of the products identified in Tables 1 and 2 in a 
manner inconsistent with the terms of this Order or the Existing Stock 
Provisions in Unit IV of this Notice will be considered a violation of 
section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of FIFRA.

IV. Existing Stocks Provisions

    For purposes of this Order, the term ``existing stocks'' is 
defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 
26, 1991), as those stocks of a registered pesticide product which are 
currently in the United States and which have been packaged, labeled, 
and released for shipment prior to the effective date of the amendment 
or cancellation. The existing stocks provisions of this Cancellation 
Order are as follows:
    1. Distribution or sale of products bearing instructions for use on 
agricultural crops. The distribution or sale of existing stocks by the 
registrant of any product listed in Table 1 or 2 that bears 
instructions for use on the agricultural crops identified in List 1 
will not be lawful under FIFRA 1 year after the effective date of the 
cancellation order, except for the purposes of shipping such stocks for 
export consistent with section 17 of FIFRA or for proper disposal. 
Persons other than the registrant may continue to sell or distribute 
the existing stocks of any product listed in Table 2 that bears 
instructions for any of the agricultural uses identified in List 1 
after the effective date of the cancellation order.
    2. Distribution or sale of products bearing instructions for use on 
outdoor non-agricultural sites. The distribution or sale of existing 
stocks by the registrant of any product listed in Table 1 or 2 that 
bears instructions for use on outdoor non-agricultural sites will not 
be lawful under FIFRA 1 year after the effective date of the 
cancellation order, except for the purposes of shipping such stocks for 
export consistent with section 17 of FIFRA or for proper disposal. 
Persons other than the registrant may continue to sell or distribute 
the existing stocks of any product listed in Table 1 or 2 that bears 
instructions for use on outdoor non-agricultural sites after the 
effective date of the cancellation order.
    3. Distribution or sale by the registrant of products bearing 
instructions for use on indoor sites. The distribution or sale of 
existing stocks by the registrant of any product listed in Table 1 or 2 
that bears instructions for use at or on any indoor sites(except 
mushroom houses), shall not be lawful under FIFRA as of the effective 
date of the cancellation order, except for the purposes of shipping 
such stocks for export consistent with section 17 of FIFRA or for 
proper disposal.
    4. Distribution or sale by persons other than the registrant of 
existing stock of products for indoor use. The distribution or sale of 
existing stocks by any person other than the registrants of products 
listed in Table 1 or 2 bearing instructions for any indoor uses except 
mushroom houses will not be lawful under FIFRA after December 31, 2002, 
except for the purposes of shipping such stocks for export consistent 
with section 17 of FIFRA or for proper disposal.
    5. Use of existing stocks. EPA intends to permit the use of 
existing stocks of products listed in Table 1 or 2 until such stocks 
are exhausted, provided such use is in accordance with the existing 
labeling of that product.

[[Page 11333]]

Lists of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.

    Dated: March 4, 2002.

Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 02-6090 Filed 3-12-02; 8:45 a.m.]
BILLING CODE 6560-50-S