[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23158-23162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8865]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0084; FRL-7712-2]


Dimethoate; Notice of Receipt of Requests to Voluntarily Cancel 
or Amend to Terminate Uses of Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY:  In accordance with section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is 
issuing a notice of receipt of requests by registrants to amend or 
voluntarily cancel their registrations to terminate certain uses of 
products containing the pesticide dimethoate [O,O-dimethyl S-(N-
methylcarbamoylmethyl) phosphorodithioate]. Most dimethoate products 
registered for use in the United States will remain registered for 
certain other uses. EPA intends to approve these requests at the close 
of the comment period for this announcement unless the Agency receives 
substantive comments within the comment period that would merit its 
further review of these requests, or unless the registrants withdraw 
their requests within this period. Upon approval of these requests, any 
sale, distribution, or use of products listed in this notice will be 
permitted only if such sale, distribution, or use is consistent with 
the terms as described in the final order.

DATES:  Comments, identified by docket ID number OPP-2005-0084, must be 
received on or before June 3, 2005.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Stephanie Plummer, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0076; 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, and may be of 
interest to a wide range of stakeholders, including environmental, 
human health, and agricultural advocates; the chemical industry; 
pesticide users; and members of the public interested in the sale, 
distribution, or use of pesticides. Since others also may 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 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-2005-0084. 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, 
1801 S. Bell St., 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 athttp://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.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not

[[Page 23159]]

included in the official public docket, will not be available for 
public viewing in EPA's electronic public docket. EPA's policy is that 
copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed, paper form in the 
official public docket. To the extent feasible, publicly available 
docket materials will be made available in EPA's electronic public 
docket. When a document is selected from the index list in EPA Dockets, 
the system will identify whether the document is available for viewing 
in EPA's electronic public docket. 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.B.1. EPA intends to work towards providing 
electronic access to all of the publicly available docket materials 
through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1.  Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2005-0084. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2005-0084. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2005-0084.
    3. By hand delivery or courier. Deliver your comments to:Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID 
Number OPP-2005-0084. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.

[[Page 23160]]

    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. Background on the Receipt of Requests to Cancel and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of requests from all of the 
affected dimethoate end-use registrants to cancel dimethoate product 
registrations or amend their registrations so as to terminate all use 
of dimethoate on apples, broccoli raab, cabbage, collards, fennel, 
grapes, head lettuce, lespedeza, spinach, tomatillo, and trefoil. 
Dimethoate is a systemic organophosphate insecticide. Dimethoate will 
remain registered for use on a variety of other vegetables, fruit, 
field crops, trees, and ornamental plants. In letters submitted between 
November 2004 and March 2005, dimethoate end-use registrants requested 
that EPA cancel end-use product registrations or amend end-use product 
registrations to terminate use on apples, broccoli raab, cabbage, 
collards, fennel, grapes, head lettuce, lespedeza, spinach, tomatillo, 
and trefoil. The registrants requested 1 year from the date of 
cancellations of these registrations/uses for the distribution of their 
existing stocks of products with the current labels. The registrants 
also requested that the 180-day comment period be waived in favor of a 
30-day comment period, allowing for a quicker cancellation of these 
uses. Only one of the currently active dimethoate products would be 
canceled, and the majority of dimethoate uses are not affected by this 
request.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to cancel dimethoate products or amend their registrations to terminate 
certain uses of dimethoate product registrations. The affected products 
and the registrants making the requests are identified in Tables 1 and 
2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request at any 
time that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or termination of any minor 
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The dimethoate registrants have requested that EPA waive the 180-
day comment period; therefore, EPA will provide a 30-day comment period 
on the proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued canceling or amending the affected registrations.

  Table 1.--Dimethoate Product Registrations with Pending Requests for
                                Amendment
------------------------------------------------------------------------
        Registration No.             Product Name           Company
------------------------------------------------------------------------
400-278                           De-fend E-267       Crompton
                                   Dimethoate          Manufacturing
                                   Systemic            Company, Inc.
                                   Insecticide
------------------------------------------------------------------------
829-251                           SA-50 Brand Cygon   Southern
                                   2E Dimethoate       Agricultural
                                   Systemic            Insecticides,
                                   Insecticide         Inc.
------------------------------------------------------------------------
1386-618                          Dimethoate 267EC    Universal
                                   Systemic            Cooperatives Inc.
                                   Insecticide
-----------------------------------------------------
1386-625                          Dimethoate 400
------------------------------------------------------------------------
5481-102                          Durham Duragon      Amvac Chemical
                                   2.67 Systemic       Corp.
                                   Insecticide
-----------------------------------------------------
5481-133                          Duragon 25%
                                   Wettable Powder
                                   Systemic
                                   Insecticide
------------------------------------------------------------------------
5905-493                          Dimethoate 4 E.C.   Helena Chemical
                                                       Co.
-----------------------------------------------------
5905-497                          5 LB Dimethoate
                                   Systemic
                                   Insecticide
------------------------------------------------------------------------
7401-97                           Ferti-lome          Voluntary
                                   Systemic            Purchasing Group
                                   Evergreen Spray     Inc.
-----------------------------------------------------
7401-106                          Ferti-lome Spider
                                   Mite Spray
-----------------------------------------------------
7401-338                          High-yield Cygon
                                   Systemic Insect
                                   Spray
------------------------------------------------------------------------
7969-30                           Rebelate            BASF Corporation
                                   Dimethoate
                                   Systemic
                                   Insecticide
-----------------------------------------------------
7969-38                           Rebelate 2E
                                   Insecticide
------------------------------------------------------------------------
9779-206                          Dimate 2.67         Agriliance LLC
-----------------------------------------------------
9779-273                          Dimate 4E
------------------------------------------------------------------------
10163-55                          Prokil Dimethoate   Gowan Co.
                                   W-25 Insecticide
-----------------------------------------------------

[[Page 23161]]

 
10163-56                          Prokil Dimethoate
                                   E267
-----------------------------------------------------
10163-160                         Gowan Dimethoate 4
------------------------------------------------------------------------
19713-231                         Drexel Dimethoate   Drexel Chemical
                                   4EC                 Co.
-----------------------------------------------------
19713-232                         Drexel Dimethoate
                                   2.67
------------------------------------------------------------------------
34704-207                         Clean Crop          Loveland Products,
                                   Dimethoate 400      Inc.
-----------------------------------------------------
34704-489                         Dimethoate 2.67 EC
-----------------------------------------------------
34704-540                         De-fend W-25
                                   Insecticide
------------------------------------------------------------------------
51036-110                         Dimethoate 4E       Micro-Flo Company
                                                       LLC
-----------------------------------------------------
51036-169                         Dimethoate 25 WP
-----------------------------------------------------
51036-192                         Micro Flo
                                   Dimethoate 2.67
                                   EC
-----------------------------------------------------
51036-198                         Cymate 267
------------------------------------------------------------------------
67760-36                          Chemathoate 267     Cheminova Inc.
                                   E.C. Systemic
                                   Insecticide
-----------------------------------------------------
67760-44                          Dimethoate 4W
------------------------------------------------------------------------


   Table 2.--Dimethoate Product Registration with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
        Registration No.             Product Name           Company
------------------------------------------------------------------------
16-160                            Dragon Cygon 2E     Dragon Chemical
                                   Systemic            Corporation
                                   Insecticide
------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 and Table 2 of this 
unit.

     Table 3.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
             EPA Company No.                  Company Name and Address
------------------------------------------------------------------------
16                                         Dragon Chemical Corporation,
                                            71 Carolyn Blvd.,
                                            Farmingdale, NY 11735
------------------------------------------------------------------------
400                                        Crompton Manufacturing
                                            Company, Inc. 74 Amity Road,
                                            Bethany, CT 06524
------------------------------------------------------------------------
829                                        Southern Agricultural
                                            Pesticides Inc. PO Box 218
                                            Palmetto, FL 34220
------------------------------------------------------------------------
1386                                       Universal Cooperatives, 1300
                                            Corporate Center Curve,
                                            Eagan, MN 55121
------------------------------------------------------------------------
5481                                       Amvac Chemical Corporation,
                                            4695 MacArthur Court, Suite
                                            1250,Newport Beach, CA 92660
------------------------------------------------------------------------
5905                                       Helena Chemical, 225
                                            Schilling Blvd., Suite 300,
                                            Collierville, TN 38017
------------------------------------------------------------------------
7401                                       Brazos Associates, Inc.
                                            (Agent for Voluntary
                                            Purchasing Group),1806
                                            Auburn Drive, Carrollton, TX
                                            75007
------------------------------------------------------------------------
7969                                       BASF Agricultural Products
                                            Center, Regulatory Affairs
                                            Department, 26 Davis Dr.,
                                            P.O. Box 13528, Research
                                            Triangle Park, NC 27709
------------------------------------------------------------------------
9779                                       D. O'Shaughnessy Consulting
                                            Inc. (Agent for Agriliance
                                            LLC), 21 Birch Parkway,
                                            Sparta, NJ 07871
------------------------------------------------------------------------
10163                                      Gowan Co. P.O. Box 5569,
                                            Yuma, AZ 85366
------------------------------------------------------------------------
19713                                      Drexel Chemical Co. 1700
                                            Channel Ave., P.O. Box
                                            13327, Memphis, TN 38113
------------------------------------------------------------------------
34704                                      Loveland Products, Inc. P.O.
                                            Box 1286, Greeley, CO 80632
------------------------------------------------------------------------
51036                                      Micro-Flo Company LLC, 530
                                            Oak Court Dr. Memphis, TN
                                            38117
------------------------------------------------------------------------
67760                                      Cheminova Inc., Washington
                                            Office, 1620 Eye Street,
                                            N.W., Suite 615, Washington,
                                            DC 20006
------------------------------------------------------------------------

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 or amended to terminate one or more uses. FIFRA further 
provides that, before acting on the request, EPA must publish a notice 
of receipt of any such request in the Federal Register. Thereafter, 
following the public comment period, the Administrator may approve such 
a request.

[[Page 23162]]

V. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHERINFORMATION CONTACT, postmarked before June 3, 2005. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Upon the close of the comment period for this Notice, EPA expects 
to issue an order granting the requests for voluntary cancellation and 
amendments for the products identified in Tables 1 and 2, and to 
include in the order provisions regarding the status of existing stocks 
of the pesticides. Existing stocks are defined in 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 
were packaged, labeled, and released for shipment prior to the 
effective date of the cancellation or amendment of their registration. 
Any distribution, sale, or use of existing stocks, except as provided 
in the amendment or cancellation order, would be considered a violation 
of section 12(a)(2)(K) and/or 12(a)(1)(A) of FIFRA.
    In any order issued in response to these requests for cancellation 
or amendment to terminate certain uses, EPA proposes to include the 
following provisions for the treatment of any existing stocks of the 
products identified or referenced in Table 1 or 2:
    1. Distribution or sale of products by the registrant labeled for 
use on apples, broccoli raab, cabbage, collards, fennel, grapes, head 
lettuce, lespedeza, spinach, tomatillo, and trefoil:
    The registrant of any product listed in Table 1 or 2 may distribute 
or sell existing stocks of the product bearing labels for use on 
apples, broccoli, raab, cabbage, collards, fennel, grapes, head 
lettuce, lespedeza, spinach, tomatillo, or trefoil for 1 year after the 
effective date of the cancellation or amendment order. The distribution 
or sale of existing stocks by the registrant of any product listed in 
Table 1 or 2 will not be lawful under FIFRA 1 year after the effective 
date of the cancellation or amendment order, except for the purposes of 
shipping such stocks for export consistent with section 17 of FIFRA or 
for proper disposal.
    2. Distribution, sale, or use of products by persons other than the 
registrant labeled for use on apples, broccoli raab, cabbage, collards, 
fennel, grapes, head lettuce, lespedeza, spinach, tomatillo, and 
trefoil:
    Any person other than the registrant may distribute, sell, and use 
existing stocks of any product listed in Table 1 or 2 that is labeled 
for use on apples, broccoli raab, cabbage, collards, fennel, grapes, 
head lettuce, lespedeza, spinach, tomatillo, and trefoil after the 
effective date of the cancellation or amendment order and until such 
existing stocks are exhausted.

List of Subjects

    Environmental protection, Pesticides and Pests.

    Dated: April 26, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 05-8865 Filed 5-3-05; 8:45 am]
BILLING CODE 6560-50-S