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Dimethoate - Products Cancellation Order and Label Amendment 3/02

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: dobak.pat@epa.gov.

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 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
------------------------------------------------------------------------
Value Garden Supply, LLC                     70-113  Kill-Ko Cygon 2-E
                                                     Systemic
                                                     Insecticide
------------------------------------------------------------------------
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
------------------------------------------------------------------------
                                                      Product Name:Use
            Company               Registration No        Deletions
------------------------------------------------------------------------
Dragon Chemical Corporation                  16-160  Dragon Cygon 2E
                                                     Systemic
                                                     Insecticide
------------------------------------------------------------------------

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
------------------------------------------------------------------------
Helena Chemical Company                    5905-497  5 LB Dimethoate
                                                     Systemic
                                                     Insecticide
------------------------------------------------------------------------
Voluntary Purchasing Group Inc.            7401-338  Hi-Yield Cygon
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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.

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.]