Pesticide registration, cancellation, etc.: Crompton Manufacturing Co., Inc., et al.,

[Federal Register: May 4, 2005 (Volume 70, Number 85)]

[Notices]

[Page 23158-23162]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04my05-65]

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: plummer.stephanie@epa.gov.

SUPPLEMENTARY INFORMATION:

1. General Information

   1. 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.

   2. 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.

   3. 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 opp-docket@epa.gov, 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.

   4. 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.

   5. 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.

2. 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.

3. 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

   4. 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

4. 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]]

5. 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.

6. 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