[Federal Register: September 10, 2003 (Volume 68, Number 175)]
[Notices]
[Page 53371-53374]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se03-62]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2003-0263; FRL-7321-2]
Dimethoate; Receipt of Requests for Amendment to Remove Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The companies that hold the pesticide registrations of
products containing dimethoate have submitted requests to modify their
technical labels to remove uses on certain crops. These crops consist
of apples, grapes, cabbage, collards, spinach, head lettuce, broccoli
[[Page 53372]]
raab, fennel, tomatillo, lespedeza, and trefoil. It is necessary to
cancel use on apples, grapes, cabbage, collards, spinach, and head
lettuce as part the process of revising the dimethoate human health
risk assessment.
DATES: Comments, identified by docket identification (ID) number OPP-
2003-0263, must be received on or before October 10, 2003.
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: Patrick Dobak, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8180; fax
number: (703) 308-7042; e-mail address: dobak.pat@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general, nevertheless, a
wide range of stakeholders may be interested in dimethoate availability
and use on apples, grapes, cabbage, collards, spinach, head lettuce,
broccoli raab, fennel, tomatillo, lespedeza, and trefoil, including
environmental, human health, and agricultural advocates; the chemical
industry, pesticide users, and members of the public interested in the
use of pesticides on food. 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 Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket (ID) number OPP-2003-0263. 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, 1921 Jefferson Davis Hwy.,
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. Once in the system, select ``search,''
then key in the appropriate docket ID number.
Certain types of information will not be placed in EPA's Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not 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. 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
[[Page 53373]]
comments to EPA electronically is EPA's preferred method for receiving
comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and
follow the online instructions for submitting comments. Once in the
system, select ``search,'' and then key in docket ID number OPP-2003-
0263. 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-2003-0263. 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-2003-0263.
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, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket
ID Number OPP-2003-0263. 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.
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. What Action is the Agency Taking?
This notice announces the amended registration requests by
Cheminova, Inc., BASF, Gowan, Drexel, and Microflo for the deletion of
certain uses from their products containing dimethoate. The uses
requested for deletion are: Apples, grapes, cabbage, collards, spinach,
head lettuce, broccoli raab, fennel, tomatillo, lespedeza, and trefoil.
In addition, the registrants waived the 180-day comment period for
these use deletions.
Dimethoate is a systemic organophosphate insecticide registered for
use on a wide variety of fruit, vegetables, grains, ornamentals, and
forestry uses. The registered uses on apples, grapes, cabbage,
collards, spinach, and head lettuce have been identified as
significantly contributing to the dietary risks associated with human
consumption of these crops. The other registered uses included in this
notice, broccoli raab, fennel, tomatillo, lespedeza, and trefoil, were
added to the requests based on follow-up to previously submitted
comments stating that these crops would not be supported for
reregistration. This notice announces EPA's receipt of the use deletion
requests and a 30-day public comment period to provide input regarding
the requests. The Agency believes that the impact to growers on
deleting broccoli raab, fennel, tomatillo, lespedeza, and trefoil will
be minimal. Although there is significant use on apples, grapes,
cabbage, collards, spinach, and head lettuce, the technical registrants
have elected to delete these uses in order to address dietary risks
from dimethoate. The following table includes the names and
registration numbers for the affected products:
Manufacturing-Use Product Registration Amendment Requests
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Company Registration No. Product
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Cheminova 4787-7 Chemathoate
Technical
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BASF 7969-32 Perfekthion
Manufactures'
Technical
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Gowan 10163-211 Gowan Dimethoate
Technical
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Drexel 19713-209 Drexel Dimethoate
Technical
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Micro Flo 51036-279 Dimethoate
Technical
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III. 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. 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, the Administrator may approve such a request.
IV. Procedures for Withdrawal of Request
Registrants who choose to withdraw a request for cancellation must
submit
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such withdrawal in writing to the person listed under FOR FURTHER
INFORMATION CONTACT, postmarked before October 10, 2003. 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
product(s) have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling. The withdrawal request must also
include a commitment to pay any reregistration fees due, and to fulfill
any applicable unsatisfied data requirements.
V. Provisions for Disposition of Existing Stocks
The effective date of cancellation will be the date of the
cancellation order. The orders effecting these requested cancellations
will generally permit a registrant to sell or distribute existing
stocks for 1-year after the date the cancellation order is issued. This
policy is in accordance with the Agency's statement of policy as
prescribed in the Federal Register of June 26, 1991 (56 FR 29362) (FRL-
3846-4). Exceptions to this general rule will be made if a product
poses a risk concern, or is in noncompliance with reregistration
requirements, or is subject to a Data Call-In. In all cases, product-
specific disposition dates will be given in the cancellation orders.
Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which have been packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Unless the provisions of an earlier order apply,
existing stocks already in the hands of dealers or users can be
distributed, sold, or used legally until they are exhausted, provided
that such further sale and use comply with the EPA-approved label and
labeling of the affected product. Exception to these general rules will
be made in specific cases when more stringent restrictions on sale,
distribution, or use of the products or their ingredients have already
been imposed, as in a Special Review action, or where the Agency has
identified significant potential risk concerns associated with a
particular chemical.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 27, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 03-22937 Filed 9-9-03; 8:45 am]
BILLING CODE 6560-50-S