Dimethoate; Product Cancellation Order and Amendments to Terminate Uses, 41714-41717 [05-14070]

Download as PDF 41714 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices trees, and vines for the control of soilborne pests including weed seeds, nematodes, insects, and diseases. 6. File symbol: 66330–LT. Applicant: Arvesta Corp. Product name: Midas 50:50. Active ingredient: Iodomethane at 50% and chloropicrin at 50%. Proposed classification: Restricted use pesticide. Uses: Pre-plant fumigations of fields intended for commercial production of various crops (strawberries, tomatoes, and peppers), ornamentals, bushes, trees, and vines for the control of soilborne pests including weed seeds, nematodes, insects, and diseases. 7. File symbol: 81258–R. Applicant: American Pacific Corporation, 3770 Howard Hughes Parkway, Suite 300, Las Vegas, NV 89109. Product name: SEPTM-100. Fungicide. Active ingredient: Sodium azide at 20%. Proposed classification: None. Uses: For use in ornamental nurseries, sod farms, and turf renovation projects on golf courses. List of Subjects Environmental protection, Pesticides and pest. Dated: July 8, 2005. Betty Shackleford, Acting Director, Registration Division, Office of PesticidePrograms. [FR Doc. 05–14283 Filed 7–19–05; 8:45am] BILLING CODE6560–50–S ENVIRONMENTAL PROTECTION AGENCY Rodenticide Act (FIFRA), as amended. This cancellation order follows a May 4, 2005 Federal Register Notice of Receipt of Requests from the dimethoate registrants to amend or voluntarily cancel their registrations to terminate certain uses of products containing dimethoate. In the May 4, 2005 Notice, EPA indicated that it would issue an order implementing the cancellations and amendments to terminate uses, unless the Agency received substantive comments within the 30–day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests within this period. The Agency did not receive any comments on the Notice. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested cancellation and amendments to terminate uses. Any distribution, sale, or use of the dimethoate products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. The cancellations are effective July 20, 2005. DATES: 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: [OPP–2005–0084;FRL–7724–6] Dimethoate; Product Cancellation Order and Amendments to Terminate Uses Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces EPA’s order for amendments to terminate certain uses of products containing the pesticide dimethoate, as well as cancellation of one dimethoate registration, as voluntarily requested by the registrants and accepted by the Agency, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and 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 at http://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to 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. 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. Once in the system, select ‘‘search,’’ then key in the appropriate docket ID number. II. What Action is the Agency Taking? This notice announces one cancellation and amendments to terminate certain uses, as requested by registrants, of dimethoate products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Tables 1 and 2 of this unit. TABLE 1.—DIMETHOATE PRODUCT CANCELLATIONS EPA Registration No. Product Name 16–160 VerDate jul<14>2003 Company Dragon Cygon 2E Systemic Insecticide 14:24 Jul 19, 2005 Jkt 205001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1 Dragon Chemical Corporation 41715 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices TABLE 2.—DIMETHOATE PRODUCT REGISTRATION AMENDMENTSTO TERMINATE USES EPA 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 Universal Cooperatives, Inc. 5481–102 Durham Duragon 2.67 Systemic Insecticide Amvac Chemical Corp. 5481–133 Duragon 25% Wettable Powder Systemic Insecticide Amvac Chemical Corp. 5905–493 Dimethoate 4 E.C. Helena Chemical 5905–497 5 LB Dimethoate Systemic Insecticide Helena Chemical 7401–97 Ferti-lome Systemic Evergreen Spray Voluntary Purchasing Group Inc. 7401–106 Ferti-lome Spider Mite Spray Voluntary Purchasing Group Inc. 7401–338 High-yield Cygon Systemic Insect Spray Voluntary Purchasing Group Inc. 7969–30 Rebelate Dimethoate Systemic Insecticide BASF Corporation 7969–38 Rebelate 2E Insecticide BASF Corporation 9779–206 Dimate 2.67 Agriliance LLC 9779–273 Dimate 4E Agriliance LLC 10163–55 Prokil Dimethoate W-25 Insecticide Gowan Co. 10163–56 Prokil Dimethoate E267 Gowan Co. 10163–160 Gowan Dimethoate 4 Gowan Co. 19713–231 Drexel Dimethoate 4EC Drexel Chemical Co. 19713–232 Drexel Dimethoate 2.67 Drexel Chemical Co. 34704–207 Dimethoate 400 Loveland Products, Inc. 34704–489 Dimethoate 2.67 EC Loveland Products, Inc. 51036–110 Dimethoate 4E Micro-Flo Company LLC 51036–169 Dimethoate 25 WP Micro-Flo Company LLC 51036–192 Micro Flo Dimethoate 2.67 EC Micro-Flo Company LLC 51036–198 Cymate 267 Micro-Flo Company LLC 67760–36 Chemathoate 267 E.C. Systemic Insecticide Cheminova Inc. 67760–44 Dimethoate 4W Cheminova Inc. VerDate jul<14>2003 14:24 Jul 19, 2005 Jkt 205001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\20JYN1.SGM 20JYN1 41716 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices Note that registration #34704–540 was listed in the May 4, 2005 notice, but has been left out of this notice because it was previously cancelled through maintenance fees. Table 3 of this unit includes the names and addresses of record for all registrants of the products in Tables 1 and 2 of this unit, in sequence by EPA company number. TABLE 3.—REGISTRANTS OF CANCELLED AND/OR AMENDED DIMETHOATE PRODUCTS—Continued EPA Company No. Company Name and Address 3.—REGISTRANTS CELLED AND/OR DIMETHOATE PRODUCTS EPA Company No. 16 400 829 1386 5481 5905 10163 Gowan Co. PO Box 5569 Yuma, AZ 85366 Drexel Chemical Co. 1700 Channel Ave., PO Box 13327 Memphis, TN 38113 OF CANAMENDED Company Name and Address Dragon Chemical Corporation 71 Carolyn Blvd. Farmingdale, NY 11735 34704 Universal Cooperatives 1300 Corporate Center Curve Eagan, MN 55121 Amvac Chemical Corporation 4695 MacArthur Court, Suite 1250 Newport Beach, CA 92660 Helena Chemical 225 Schilling Blvd., Suite 300 Collierville, TN 38017 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., PO Box 13528 Research Triangle Park, NC 27709 14:24 Jul 19, 2005 Jkt 205001 Micro-Flo Company LLC 530 Oak Court Dr. Memphis, TN 38117 67760 Southern Agricultural Pesticides Inc. PO Box 218 Palmetto, FL 34220 Loveland Products, Inc. PO Box 1286 Greeley, CO 80632 51036 Crompton Manufacturing Company, Inc. 74 Amity Road Bethany, CT 06524 7401 VerDate jul<14>2003 D. O’Shaughnessy Consulting Inc. (Agent for Agriliance LLC) 21 Birch Parkway Sparta, NJ 07871 19713 TABLE 9779 Cheminova Inc., Washington Office 1620 Eye Street, N.W., Suite 615 Washington, DC 20006 III. Summary of Public Comments Received and Agency Response to Comments During the public comment period provided, EPA received no comments in response to the May 4, 2005 Federal Register notice announcing the Agency’s receipt of the requests for voluntary cancellation and/or amendments to terminate certain uses of dimethoate. IV. Cancellation Order Pursuant to FIFRA section 6(f), EPA hereby approves the requested cancellation and amendments to terminate certain uses of dimethoate registrations identified in Tables 1 and 2 of Unit II. Accordingly, the Agency orders that the dimethoate product registration identified in Table 1 of Unit II.is hereby canceled and the product registrations identified in Table 2 of Unit II are hereby amended to terminate use on apples, broccoli raab, cabbage, collards, fennel, grapes, head lettuce, lespedeza, spinach, tomatillo, and trefoil. Any distribution, sale, or use of existing stocks of the products identified in Tables 1 and 2 of Unit II.in PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 a manner inconsistent with any of the Provisions for Disposition of Existing Stocks set forth below in Unit VI. will be considered a violation of FIFRA. V. 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 theFederal Register. Thereafter, following the public comment period, the Administrator may approve such a request. VI. Provisions for Disposition of Existing Stocks 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 action or amendment of their registrations. 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. The cancellation order issued in this Notice includes the following existing stocks provisions. 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 one year after the effective date of this cancellation/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 one 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. E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices 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 this cancellation/amendment order until such existing stocks are exhausted. List of Subjects Environmental protection, Pesticides and pests. Dated: July 8, 2005. Debra Edwards, Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 05–14070 Filed 7–19–05; 8:45 am] BILLING CODE 6560–50–S that, before acting on the request, EPA must publish a notice of receipt of any request in the Federal Register. DATES: EPA intends to approve the request for deletion of use on cats from EPA Registration Number 2596-151. This request for amendment to delete a use is irrevocable. Therefore, the Agency will not consider a request for withdrawal. FOR FURTHER INFORMATION CONTACT: Ann Sibold, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–6502; e-mail address: sibold.ann@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information Environmental Protection Agency (EPA). ACTION: Notice. A. Does this Action Apply to Me? This action is directed to the public in general. Although this action may be of particular interest to persons who produce or use pesticides, 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 information in this notice, consult the person listed under FOR FURTHER INFORMATION CONTACT. 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 an irrevocable request for an amendment by a registrant to delete a use in a certain pesticide registration. 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 amended to delete one or more uses. FIFRA further provides 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–2005–0173. 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 ENVIRONMENTAL PROTECTION AGENCY [OPP–2005–0173; FRL–7724–1] Notice of Receipt of a Request for an Amendment to Delete a Use in a Certain Pesticide Registration AGENCY: 41717 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 http://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through EPA’s electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. 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. Once in the system, select ‘‘search,’’ then key in the appropriate docket ID number. II. What Action is the Agency Taking? This notice announces receipt by the Agency of an irrevocable application from a registrant to delete a use in one pesticide registration. This registration is listed in Table 1, of this unit including registration number, product name, active ingredient, and specific use deleted: TABLE 1.—REGISTRATION WITH REQUEST FOR AN AMENDMENT TO DELETE A USE IN A CERTAIN PESTICIDE REGISTRATION EPA registration no. 2596-151 Product name Active ingredient Ref 119 Phenothrin Table 2, of this unit includes the name and address of record for the registrant of the product listed in Table 1, of this unit. Use on cats and kittens TABLE 2.—REGISTRANT REQUESTING III. What is the Agency’s Authority for AN AMENDMENT TO DELETE A USE Taking this Action? IN A CERTAIN PESTICIDE REGISTRASection 6(f)(1) of FIFRA, provides that TION EPA company no. 14:24 Jul 19, 2005 Jkt 205001 PO 00000 Company name and address The Hartz Mountain Corporation VerDate jul<14>2003 Delete from label 400 Plaza Drive, Secaucus, NJ 07094-3688 Frm 00039 Fmt 4703 Sfmt 4703 a registrant of a pesticide product may at any time request that any of its pesticide registrations be amended to delete one or more uses. The Act further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register and provide for a 30– day period in which the public may E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41714-41717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14070]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0084;FRL-7724-6]


Dimethoate; Product Cancellation Order and Amendments to 
Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for amendments to terminate 
certain uses of products containing the pesticide dimethoate, as well 
as cancellation of one dimethoate registration, as voluntarily 
requested by the registrants and accepted by the Agency, pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended. This cancellation order follows a May 4, 2005 
Federal Register Notice of Receipt of Requests from the dimethoate 
registrants to amend or voluntarily cancel their registrations to 
terminate certain uses of products containing dimethoate. In the May 4, 
2005 Notice, EPA indicated that it would issue an order implementing 
the cancellations and amendments to terminate uses, unless the Agency 
received substantive comments within the 30-day comment period that 
would merit its further review of these requests, or unless the 
registrants withdrew their requests within this period. The Agency did 
not receive any comments on the Notice. Further, the registrants did 
not withdraw their requests. Accordingly, EPA hereby issues in this 
notice a cancellation order granting the requested cancellation and 
amendments to terminate uses. Any distribution, sale, or use of the 
dimethoate products subject to this cancellation order is permitted 
only in accordance with the terms of this order, including any existing 
stocks provisions.

DATES: The cancellations are effective July 20, 2005.

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 at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to 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. 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. 
Once in the system, select ``search,'' then key in the appropriate 
docket ID number.

II. What Action is the Agency Taking?

    This notice announces one cancellation and amendments to terminate 
certain uses, as requested by registrants, of dimethoate products 
registered under section 3 of FIFRA. These registrations are listed in 
sequence by registration number in Tables 1 and 2 of this unit.

                                   Table 1.--Dimethoate Product Cancellations
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     EPA Registration No.                       Product Name                                Company
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16-160                                  Dragon Cygon 2E Systemic Insecticide         Dragon Chemical Corporation
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[[Page 41715]]

                                         Table 2.--Dimethoate Product Registration Amendments to Terminate Uses
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                   EPA Registration No.                                      Product Name                                     Company
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400-278                                                     De-fend E-267 Dimethoate Systemic Insecticide           Crompton Manufacturing Company, Inc.
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[[Page 41716]]

    Note that registration 34704-540 was listed in the May 4, 
2005 notice, but has been left out of this notice because it was 
previously cancelled through maintenance fees.
    Table 3 of this unit includes the names and addresses of record for 
all registrants of the products in Tables 1 and 2 of this unit, in 
sequence by EPA company number.

  Table 3.--Registrants of Cancelled And/or Amended Dimethoate Products
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              EPA Company No.                 Company Name and Address
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16                                          Dragon Chemical Corporation
                                            71 Carolyn Blvd.
                                            Farmingdale, NY 11735
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                                            74 Amity Road
                                            Bethany, CT 06524
-------------------------------------------
                                            PO Box 218
                                            Palmetto, FL 34220
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III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the May 4, 2005 Federal Register notice announcing the 
Agency's receipt of the requests for voluntary cancellation and/or 
amendments to terminate certain uses of dimethoate.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation and amendments to terminate certain uses of dimethoate 
registrations identified in Tables 1 and 2 of Unit II. Accordingly, the 
Agency orders that the dimethoate product registration identified in 
Table 1 of Unit II.is hereby canceled and the product registrations 
identified in Table 2 of Unit II are hereby amended to terminate use on 
apples, broccoli raab, cabbage, collards, fennel, grapes, head lettuce, 
lespedeza, spinach, tomatillo, and trefoil. Any distribution, sale, or 
use of existing stocks of the products identified in Tables 1 and 2 of 
Unit II.in a manner inconsistent with any of the Provisions for 
Disposition of Existing Stocks set forth below in Unit VI. will be 
considered a violation of FIFRA.

V. 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 theFederal Register. Thereafter, 
following the public comment period, the Administrator may approve such 
a request.

VI. Provisions for Disposition of Existing Stocks

    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 action or amendment of their registrations. 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.
    The cancellation order issued in this Notice includes the following 
existing stocks provisions.
    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 one year after the 
effective date of this cancellation/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 one 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.

[[Page 41717]]

    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 this cancellation/amendment order until such existing 
stocks are exhausted.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 8, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-14070 Filed 7-19-05; 8:45 am]
BILLING CODE 6560-50-S