[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Notices]
[Pages 26384-26386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10778]


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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: [email protected].

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
------------------------------------------------------------------------
                                                            Product
          Company name               Product name      registration no.
------------------------------------------------------------------------
Cheminova                         Chemethoate         4787-7
                                   technical
------------------------------------------------------------------------
Gowan                             Gowan dimethoate    10163-211
                                   technical
------------------------------------------------------------------------
Drexel                            Drexel dimethoate   19713-209 and
                                   technical           19713-525
------------------------------------------------------------------------
Micro Flo                         Dimethoate          51036-279
                                   technical
------------------------------------------------------------------------
BASF Corporation                  Perfekthion         7969-32
                                   manufacturers'
                                   concentrate
------------------------------------------------------------------------

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