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Dimethoate - Receipt of Requests for Amendments and Cancellations 1/02

ENVIRONMENTAL PROTECTION AGENCY
[OPP-34143C; FRL-6817-5]
Dimethoate; Receipt of Requests for Amendments and Cancellations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.

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

SUMMARY: The companies that distribute technical dimethoate, O,O-
dimethyl S-(N-methylcarbamoylmethyl) phosphorodithioate for formulation
of pesticide products containing dimethoate have asked EPA to amend
their manufacturing-use product registrations. In addition, the
companies holding end-use registrations have asked EPA to cancel or
amend their registrations for end-use products containing dimethoate to
delete all uses with possible residential exposures. Pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), EPA is announcing the Agency's receipt of these requests.
These requests for voluntary cancellation were submitted to EPA in
April to December 2001. EPA intends to grant the requested
cancellations and amendments to delete uses. EPA also plans to issue a
cancellation order for the deleted uses and the canceled registrations
at the close of the comment period for this announcement. Upon the
issuance of the cancellation order, any distribution, sale, or use of
dimethoate products listed in this Notice will only be permitted if
such distribution, sale, or use is consistent with the terms of that
order.

DATES: Comments on the requested amendments to delete uses and the
requested registration cancellations must be submitted to the address
provided below and identified by docket control number OPP-34143C.
Comments must be received on or before February 11, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper
receipt by EPA, it is imperative that you identify docket control
number OPP-34143C in the subject line on the first page of your
response.

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) 308-8180; fax number:
(703) 308-7042; e-mail address: dobak.pat@epa.gov.

SUPPLEMENTARY INFORMATION: This announcement consists of three parts.
The first part contains general information. The second part addresses
the registrants' requests for registration cancellations and amendments
to delete uses. The third part proposes existing stocks provisions that
will be set forth in the cancellation order that the Agency intends to
issue at the close of the comment period for this announcement.

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" 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-34143C. 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.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-34143C in the subject line on
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by
e-mail to: opp-docket@epa.gov, or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-34143C. Electronic comments may
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
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 version of the
official record. Information not marked confidential will be included
in the public version of the official record 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.
    2. Describe any assumptions that you used.
    3. Provide copies of 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 the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.

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

A. Background

    In a letter dated August 3, 2001, Cheminova Agro F/S, the
manufacturer of technical dimethoate, requested cancellation of all
residential and certain agricultural uses from their dimethoate
products. In addition, the other registrants holding pesticide
registrations for manufacturing-use products containing dimethoate also
requested label amendments in order to exclude these uses. The
registrants holding pesticide registrations for end-use products
containing dimethoate requested label amendments removing these uses
from their products. Since several of these products were marketed
solely for retail (residential) uses, several registrants requested
that EPA cancel these registrations. EPA intends to grant the requested
cancellations at the close of the comment period for this announcement.
Pursuant to section 6(f)(1) of the FIFRA, EPA is announcing the
Agency's receipt of these requests and EPA's intention to amend
dimethoate registrations to delete all residential and certain
agricultural uses which are identified in the following Table 1.

 Table 1.--Dimethoate Uses That are Voluntarily Cancelled or Deleted by
                             the Registrants
------------------------------------------------------------------------
    Residential and Public Area Uses            Agricultural Uses
------------------------------------------------------------------------
Any use in or around a structure used    Housefly treatments on farm
 as a residence or domestic dwelling,     buildings and structures, farm
 or on any articles or areas associated   animal quarters, and manure
 with such structures (including          piles.
 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.
------------------------------------------------------------------------

    The Agency recognizes that dimethoate use on outdoor commercial
ornamental tree, shrub and annual plant production areas is being
supported by the technical registrants. While use on ornamentals in
other settings is no longer being supported, outdoor commercial
ornamental production areas may remain on dimethoate labels.

B. Requests for Voluntary Cancellation of Manufacturing-Use Products

    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies

have submitted a request to amend the registrations of their pesticide
end-use products containing diazinon to delete certain uses from
certain products. The following Table 2 identifies the registrants and
the product registrations that they wish to amend to remove the uses
listed in Table 1.

   Table 2.--Manufacturing-Use Product Registration Amendment Requests
------------------------------------------------------------------------
             Company               Registration No.         Product
------------------------------------------------------------------------
Cheminova Agro F/S                4787-7              Chemathoate
                                                       Technical
------------------------------------------------------------------------
BASF Corporation                  7969-32             Perfekthion
                                                       Manufactures'
                                                       Technical
------------------------------------------------------------------------
Gowan Company                     10163-211           Gowan Dimethoate
                                                       Technical
------------------------------------------------------------------------
Drexel Chemical Company           19713-209           Drexel Dimethoate
                                                       Technical
------------------------------------------------------------------------
Platte Chemical Company Inc.      34704-788           Dimethoate
                                                       Technical
------------------------------------------------------------------------
Micro-Flo Company LLC             51036-279           Dimethoate
                                                       Technical
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be amended to delete one or
more pesticide uses. The aforementioned companies have requested to
amend their registrations and have requested that EPA waive the 180-day
comment period. In light of this request, EPA is granting the request
to waive the 180-day comment period and is providing a 30-day public
comment period before taking action on the requested amendments to
delete uses. EPA expects to grant the requested cancellations at the
close of the comment period for this announcement.

C. Requests for Voluntary Cancellation of End-Use Products

    In addition to requesting voluntary cancellation of manufacturing-
use products, registrants holding registrations for dimethoate end-use
products have requested voluntary cancellation of the following end-use
product registrations containing dimethoate. The end-use products for
which cancellation was requested are identified in Table 3.

      Table 3.--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
                                  192-134             Drexol Cygon
                                                       Systemic
                                                       Insecticide
                                  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
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that EPA cancel any of their pesticide registrations. Section
6(f)(1)(B) of FIFRA requires that EPA provide a 30-day period in which
the public may comment before the Agency may act on the request for
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA
requires that EPA provide a 180-day comment period on a request for
voluntary 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.
In this case, all of the registrants have requested that EPA waive the
180-day comment period. In light of this request, EPA is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested
cancellations. EPA expects to grant the requested cancellations at the
close of the comment period for this announcement.

D. Requests for Voluntary Amendments to Delete Uses From the
Registrations of End-Use Products

    Pursuant to section 6(f)(1)(A) of FIFRA, Dragon Chemical
Corporation, Value Gardens Supply, LLC, Uniroyal Chemical Company Inc.,
Southern Agricultural Insecticides Inc., Universal Cooperatives Inc.,
Helena Chemical Company, Voluntary Purchasing Group Inc., BASF
Corporation, Agriliance, LLC, Platte Chemical Company, Inc., Haco,
Inc., Micro-Flo Company LLC, and Cheminova Agro F/S have also submitted
a request to amend their other end-use registrations of pesticide
products containing dimethoate to delete the uses described in Table 1
from any product bearing registered for such use. The registrations for
which amendments to delete uses were requested are identified in the
following Table 4.

        Table 4.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
             Company               Registration No.         Product
------------------------------------------------------------------------
Dragon Chemical Corporation       16-160              Dragon Cygon 2-E
                                                       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
 Insecticides, Inc.                                    2-E Dimethoate
                                                       Systemic
                                                       Insecticide
------------------------------------------------------------------------
Universal Cooperatives Inc.       1386-618            Cygon 2-E Systemic
                                                       Insecticide
                                  1386-625            Dimethoate 267 EC
                                                       Systemic
                                                       Insecticide
------------------------------------------------------------------------
Drexel Chemical Company           19717-232           Drexel Dimethoate
                                                       2.67
------------------------------------------------------------------------
Helena Chemical Company           5905-493            Dimethoate 4EC
                                  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
                                                       Dimethoate 400
                                  34704-489           Dimethoate 2.67 EC
                                  34704-762           Flygon 2-E
                                  34704-762           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
                                                       E.C. Systemic
                                                       Insecticide
                                  67760-44            Dimethoate 4W

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

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be amended to delete one or
more pesticide uses. These companies have requested that EPA waive the
180-day comment period. In light of this request, EPA is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested amendments
to delete uses. EPA expects to grant the requested amendments to delete
the uses described in Table 1 at the close of the comment period for
this announcement.

III. Existing Stocks

    The registrants have requested voluntary cancellation of the
dimethoate registrations identified in Tables 2 and 3, and submitted
amendments to amend registrations identified in Table 4 to delete uses
of dimethoate identified in Table 1. Pursuant to section 6(f) of FIFRA,
EPA expects to grant these requests for voluntary cancellation and
amendment upon the close of the comment period. EPA anticipates that
the cancellation order would allow for 1-year use of existing stocks,
defined in 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/or
released for shipment prior to the effective date of the cancellation
or amendment. Any distribution, sale, or use of existing stocks 1-year
after the effective date of the amendment or cancellation order that
the Agency intends to issue that is not consistent with the terms of
that order will be considered a violation of section 12(a)(2)(K) and/or
12(a)(1)(A) of FIFRA.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated:January 2, 2002.
  Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 02-631 Filed 1-9-02; 8:45 am]