Dimethoate; Notice of Receipt of Requests to Voluntarily Cancel or Amend to Terminate Uses of Certain Pesticide Registrations, 23158-23162 [05-8865]
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Federal Register / Vol. 70, No. 85 / Wednesday, May 4, 2005 / Notices
read your comment due to technical
difficulties and cannot contact you for
clarification, EPA may not be able to
consider your comment.
i. EDOCKET. 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 EDOCKET at
https://www.epa.gov/edocket/, and
follow the online instructions for
submitting comments. To access EPA’s
electronic public docket from the EPA
Internet Home Page, https://
www.epa.gov, select ‘‘Information
Sources,’’ ‘‘Dockets,’’ and ‘‘EDOCKET.’’
Once in the system, select ‘‘search,’’ and
then key in Docket ID No. ORD–2005–
0013. 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
electronic mail (e-mail) to
ORD.Docket@epa.gov, Attention Docket
ID No. ORD–2005–0013. In contrast to
EPA’s electronic public docket, EPA’s email 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 mailed
to the mailing address identified in Unit
I.B.2. These electronic submissions will
be accepted in Word, WordPerfect or
rich text files. Avoid the use of special
characters and any form of encryption.
2. By Mail. Send your comments to:
U.S. Environmental Protection Agency,
ORD Docket, EPA Docket Center (EPA/
DC), Mailcode: 28221T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460, Attention Docket ID No.
ORD–2005–0013.
3. By Hand Delivery or Courier.
Deliver your comments to: EPA Docket
Center (EPA/DC), Room B102, EPA West
Building, 1301 Constitution Avenue,
NW., Washington, DC, Attention Docket
ID No. ORD–2005–0013 (Note: this is
not a mailing address). Such deliveries
are only accepted during the docket’s
normal hours of operation as identified
in Unit I.A.1.
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Dated: April 27, 2005.
Kevin Y. Teichman,
Director, Office of Science Policy.
[FR Doc. 05–8873 Filed 5–3–05; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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.
SUMMARY:
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:
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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
athttps://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 https://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
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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
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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 email 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 https://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
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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.
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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 Dimethoate Systemic Insecticide
Crompton Manufacturing Company, Inc.
829–251
SA-50 Brand Cygon 2E Dimethoate Systemic Insecticide
Southern Agricultural Insecticides, Inc.
1386–618
Dimethoate 267EC Systemic Insecticide
Universal Cooperatives Inc.
1386–625
Dimethoate 400
5481–102
Durham Duragon 2.67 Systemic Insecticide
5481–133
Duragon 25% Wettable Powder Systemic Insecticide
5905–493
Dimethoate 4 E.C.
5905–497
5 LB Dimethoate Systemic Insecticide
7401–97
Ferti-lome Systemic Evergreen Spray
7401–106
Ferti-lome Spider Mite Spray
7401–338
High-yield Cygon Systemic Insect Spray
7969–30
Rebelate Dimethoate Systemic Insecticide
7969–38
Rebelate 2E Insecticide
9779–206
Dimate 2.67
9779–273
Dimate 4E
10163–55
Prokil Dimethoate W-25 Insecticide
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Amvac Chemical Corp.
Helena Chemical Co.
Voluntary Purchasing Group Inc.
BASF Corporation
Agriliance LLC
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Gowan Co.
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TABLE 1.—DIMETHOATE PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT—Continued
Registration No.
Product Name
Company
10163–56
Prokil Dimethoate E267
10163–160
Gowan Dimethoate 4
19713–231
Drexel Dimethoate 4EC
19713–232
Drexel Dimethoate 2.67
34704–207
Clean Crop Dimethoate 400
34704–489
Dimethoate 2.67 EC
34704–540
De-fend W-25 Insecticide
51036–110
Dimethoate 4E
51036–169
Dimethoate 25 WP
51036–192
Micro Flo Dimethoate 2.67 EC
51036–198
Cymate 267
67760–36
Chemathoate 267 E.C. Systemic Insecticide
67760–44
Dimethoate 4W
Drexel Chemical Co.
Loveland Products, Inc.
Micro-Flo Company LLC
Cheminova Inc.
TABLE 2.—DIMETHOATE PRODUCT REGISTRATION WITH PENDING REQUESTS FOR CANCELLATION
Registration No.
16–160
Product Name
Dragon Cygon 2E Systemic 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.
16
EPA
Company
No.
Company Name and Address
EPA
Company
No.
Company Name and Address
5905
Helena Chemical, 225 Schilling
Blvd., Suite 300, Collierville,
TN 38017
34704
Loveland Products, Inc. P.O.
Box 1286, Greeley, CO
80632
Brazos Associates, Inc. (Agent
for Voluntary Purchasing
Group),1806 Auburn Drive,
Carrollton, TX 75007
51036
Micro-Flo Company LLC, 530
Oak Court Dr. Memphis, TN
38117
67760
7969
BASF Agricultural Products
Center, Regulatory Affairs
Department, 26 Davis Dr.,
P.O. Box 13528, Research
Triangle Park, NC 27709
Cheminova Inc., Washington
Office, 1620 Eye Street,
N.W., Suite 615, Washington, DC 20006
Dragon Chemical Corporation,
71 Carolyn Blvd., Farmingdale, NY 11735
829
Southern
Agricultural
Pesticides Inc. PO Box 218 Palmetto, FL 34220
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TABLE 3.—REGISTRANTS REQUESTING TABLE 3.—REGISTRANTS REQUESTING
VOLUNTARY CANCELLATION AND/OR
VOLUNTARY CANCELLATION AND/OR
AMENDMENTS—Continued
AMENDMENTS—Continued
7401
Crompton Manufacturing Company, Inc. 74 Amity Road,
Bethany, CT 06524
5481
Dragon Chemical Corporation
Company Name and Address
400
1386
Company
Universal Cooperatives, 1300
Corporate Center Curve,
Eagan, MN 55121
Amvac Chemical Corporation,
4695 MacArthur Court, Suite
1250,Newport Beach, CA
92660
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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
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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.
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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
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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
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0111; FRL–7710–6]
Aminoethoxyvinylglycine
hydrochloride (Aviglycine HCI); Notice
of Filing a Pesticide Petition to
Establish a Tolerance for a Certain
Pesticide Chemical in or on Food
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
initial filing of a pesticide petition
proposing the establishment of
regulations for residues of a certain
pesticide chemical in or on various food
commodities.
DATES: Comments, identified by docket
identification (ID) number OPP–2005–
0111, 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:
Denise Greenway, Biopesticides and
Pollution Prevention Division (7511C),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
PO 00000
Frm 00075
Fmt 4703
Sfmt 4703
(703) 308–8263; e-mail address:
greenway.denise@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 111)
• Animal production (NAICS 112)
• Food manufacturing (NAICS 311)
• Pesticide manufacturing (NAICS
32532)
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. 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–2005–0111. 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 at
https://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
E:\FR\FM\04MYN1.SGM
04MYN1
]]>Agencies
[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23158-23162]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8865]
-----------------------------------------------------------------------
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:
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 athttps://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 https://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 https://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.
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
