[Federal Register Volume 66, Number 7 (Wednesday, January 10, 2001)]
[Notices]
[Pages 1977-1981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-466]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225B; FRL-6763-7]


Diazinon; Receipt of Requests for Amendments and Cancellations

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Notice.

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SUMMARY: The companies that manufacture diazinon [O,O-diethyl O-(2-
isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate] for formulation of 
pesticide products containing diazinon have asked EPA to cancel their 
manufacturing-use product registrations. In addition, these companies 
have asked EPA to cancel or amend their registrations for end-use 
products containing diazinon to delete all indoor and certain 
agricultural uses. Pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is announcing 
the Agency's receipt of these requests. These requests for voluntary 
cancellation were submitted to EPA on December 1, 2000. EPA intends to 
grant the requested cancellations and amendments to delete uses. EPA 
also plans to issue a cancellation order for the deleted uses and the 
canceled registrations at the close of the comment period for this 
announcement. Upon the issuance of the cancellation order, any 
distribution, sale, or use of diazinon products listed in this Notice 
will only be permitted if such distribution, sale, or use is consistent 
with the terms of that order.

DATES:  Comments must be received on or before February 9, 2001. 
Comments on the requested amendments to delete uses and the requested 
registration cancellations must be submitted to the address provided 
below and identified by docket control number OPP-34225B.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-34225B in the subject line on the first page of your 
response.

[[Page 1978]]


FOR FURTHER INFORMATION CONTACT: Ben Chambliss, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8174; fax number: 
(703) 308-7042; e-mail address: [email protected].

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

I. General Information

 A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be 
potentially affected by this action if you manufacture, sell, 
distribute, or use diazinon products. The Congressional Review Act, 5 
U.S.C. 801 et seq., as added by the Small Business Regulatory 
Enforcement Fairness Act of 1996, does not apply because this action is 
not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may 
also be interested, the Agency has not attempted to describe all the 
specific entities that may be affected by this action. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

 B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the  Federal Register listings 
at http://www.epa.gov/fedrgstr/. To access information about the risk 
assessment for diazinon, go to the Home Page for the Office of 
Pesticide Programs or go directly to http://www.epa.gov/pesticides/op/diazinon.htm.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34225B. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-34225B in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-34225B. Electronic comments may 
also be filed online at many Federal Depository Libraries.

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

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

 E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

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

A. Background

    In separate letters dated December 1, 2000, both Syngenta Crop 
Protection,

[[Page 1979]]

Inc. and Makhteshim Agan of North America, Inc./Makhteshim Chemical 
Works, Ltd., manufacturers of technical diazinon and registrants of 
pesticide products containing diazinon, requested cancellation of all 
indoor and certain agricultural uses from their diazinon products to 
reduce the potential exposure to children associated with diazinon 
containing products. The letters also request that EPA cancel their 
registrations for technical and manufacturing-use pesticide products 
containing diazinon, conditioned upon issuance of replacement 
registrations which do not allow their use in formulation of end-use 
products for the deleted uses. EPA intends to act quickly on the 
requests, and to issue new registrations on or before January 15, 2001. 
In addition, these companies have asked EPA to cancel or amend their 
registrations for end-use products containing diazinon that are 
registered for only the deleted uses. Pursuant to section 6(f)(1) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is 
announcing the Agency's receipt of these requests from the registrants. 
With respect to the registration amendments, the companies have asked 
EPA to amend end-use product registrations to delete all indoor uses 
and certain agricultural uses which are in the list below:
    1. Indoor uses: Pet collars, or inside any structure or vehicle, 
vessel, or aircraft or any enclosed area, and/or on any contents 
therein (except mushroom houses), including food/feed handling 
establishments, greenhouses, schools, residences, museums, sports 
facilities, stores, warehouses and hospitals.
    2. Agricultural uses: Alfalfa, bananas, Bermuda grass, dried beans, 
celery, red chicory (radicchio), citrus, clover, coffee, cotton, 
cowpeas, cucumbers, dandelions, kiwi, lespedeza, parsley, parsnips, 
pastures, peppers, Irish potatoes, sheep, sorghum, spinach, squash 
(winter and summer), sweet potatoes, rangeland, strawberries, Swiss 
chard, tobacco, tomatoes, turnips.
    Syngenta has also requested that ``lawns'' be removed from its 
commercial agricultural products listed in Table 3 below. (EPA 
Registrations 100-460, 100-461 and 100-784)
    After these use cancellations become effective, diazinon technical 
and manufacturing use products may be formulated into end-use products 
registered for the following agricultural use sites only: Almonds, 
apples, apricots, beans (seed treatment only ) except soybeans, beets, 
blackberries, blueberries, boysenberries, broccoli, cattle (non-
lactating; ear tags only), Chinese broccoli, Brussels sprouts, cabbage, 
Chinese cabbage (bok choy and napa), cantaloupes, carrots, Casaba 
melons, cauliflower, cherries, collards, field corn (seed treatment 
only), sweet corn (including seed treatment), cranberries, Crenshaw 
melons, dewberries, endive (escarole), ginseng, grapes, honeydew 
melons, hops, kale, lettuce, lima beans (seed treatment only), 
loganberries, melons, muskmelons, mustard greens, Chinese mustard, 
nectarines, onions, peaches, pears, peas (seed treatment only), Persian 
melons, pineapples, plums, prunes, radishes, Chinese radishes, 
raspberries, rutabagas, sugar beets, walnuts, watercress (Hawaii only), 
and watermelons.

B. Requests for Voluntary Cancellation of Manufacturing-Use Products

    Pursuant to FIFRA section 6(f)(1)(A), the registrants have 
submitted requests for voluntary cancellation of registrations for 
their manufacturing-use products conditioned upon issuance of 
replacement registrations which do not allow their use in formulation 
of end-use products for the deleted uses. The registrations for which 
cancellations were requested are identified in the following Table 1:

 Table 1.-- Manufacturing-Use Product Registration Cancellation Requests
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            Company                    Reg. No.             Product
------------------------------------------------------------------------
Makhteshim Chemical Works, Ltd.  11678-6             DIAZOL Technical
                                                      Stabilized
                                 11678-20            DIAZOL(Diazinon)
                                                      Stabilized Oil
                                                      Concentrate
Syngenta Crop Protection, Inc.   100-524             DZN
                                                      < DIAZINON MG 87%
                                                      INSECTICIDE
                                 100-714             DZN
                                                      < DIAZINON MG 5%
                                 100-771             DZN
                                                      < DIAZINON MG
                                                      22.4% WBC
                                 100-783             DZN
                                                      < DIAZINON MG 56%
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that EPA cancel any of their pesticide registrations. Section 
6(f)(1)(B) of FIFRA requires that EPA provide a 30-day period in which 
the public may comment before the Agency may act on the request for 
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA 
requires that EPA provide a 180-day comment period on a request for 
voluntary termination of any minor agricultural use before granting the 
request, unless (1) the registrants request a waiver of the comment 
period, or (2) the Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment. 
In this case, the registrants have requested that EPA waive the 180-day 
comment period. In light of this request, EPA is granting the request 
to waive the 180-day comment period and is providing a 30-day public 
comment period before taking action on the requested cancellations. 
Because of risk concerns posed by certain uses of diazinon, EPA intends 
to grant the requested cancellations at the close of the comment period 
for this announcement.

C. Requests for Voluntary Cancellation of End-Use Products

    In addition to requesting voluntary cancellation of manufacturing-
use products, Syngenta has submitted requests for voluntary 
cancellation of some of its registrations for end-use pesticide 
products containing diazinon. The end-use registrations for which 
cancellation was requested are identified in the following Table 2:

      Table 2.--End-Use Product Registration Cancellation Requests
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            Company                    Reg. No.             Product
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Syngenta Crop Protection, Inc.   100-445             DZN
                                                      < DIAZINON 2D
                                 100-477             DZN
                                                      < HOME PEST
                                                      CONTROL LIQUID

[[Page 1980]]

 
                                 100-478             DZN
                                                      < HOME PEST
                                                      CONTROL
                                                      PRESSURIZED LIQUID
                                 100-625             DZN
                                                      < HOME PEST
                                                      CONTROL--XP
                                 100-659             DZN
                                                      < 0.5% RTU
                                 100-685             DZN
                                                      < 1/2% EW
                                 100-686             DZN
                                                      < 1% EW
                                 100-687             DZN
                                                      < 5.0 EW
------------------------------------------------------------------------

    Syngenta has requested that EPA waive the 180-day public comment 
period under section 6(f)(1)(C)(ii) of FIFRA In light of this request, 
EPA is granting the request to waive the 180-day comment period and is 
providing a 30-day public comment period before taking action on the 
requested cancellations. Because of risk concerns posed by certain uses 
of diazinon, EPA intends to grant the requested cancellations at the 
close of the comment period for this announcement.

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

    Pursuant to section 6(f)(1)(A) of FIFRA, Syngenta and Makhteshim 
have also submitted requests to amend their other end-use registrations 
of pesticide products containing diazinon to delete the aforementioned 
uses from any product bearing such use. The registrations for which 
amendments to delete uses were requested are identified in the 
following Table 3:

 Table 3.--End-Use Product Registration Amendment Requests Cancellation
                                Requests
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            Company                    Reg. No.             Product
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Makhteshim-Agan of North         66222-10            DIAZOL Diazinon 50W
 America, Inc.
                                 66222-9             DIAZOL Diazinon
                                                      AG500
Syngenta Crop Protection, Inc.   100-460             DZN
                                                      < DIAZINON 50W
                                 100-461             DZN
                                                      < DIAZINON AG500
                                 100-463             DZN
                                                      < DIAZINON 4E
                                 100-469             DZN
                                                      < DIAZINON 14G
                                 100-784             DZN
                                                      < DIAZINON AG600
                                                      WBC
                                 100-785             EVICTTM INDOOR/
                                                      OUTDOOR WBC
------------------------------------------------------------------------

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

III. Proposed Existing Stocks Provisions

    The registrants have requested voluntary cancellation of the 
diazinon registrations identified in Tables 1 and 2 and submitted 
amendments to terminate certain uses of the diazinon registrations 
identified in Table 3. Pursuant to section 6(f) of FIFRA, EPA intends 
to grant the requests for voluntary cancellation and amendment. For 
purposes of the cancellation order that the Agency intends to issue at 
the close of the comment period for this announcement, the term 
``existing stocks'' will be defined, pursuant to EPA's existing stocks 
policy published in the Federal Register on June 26, 1991 (56 FR 29362) 
as those stocks of a registered pesticide product which are currently 
in the United States and which have been packaged, labeled, and 
released for shipment prior to the effective date of the cancellation 
or amendment. Any distribution, sale, or use of existing stocks after 
the effective date of the cancellation order that the Agency intends to 
issue that is not consistent with the terms of that order will be 
considered a violation of section 12(a)(2)(K) and /or 12(a)(1)(A) of 
FIFRA.

A. Manufacturing-Use Products

    1. Distribution or sale. The distribution or sale of existing 
stocks of any manufacturing-use product identified in Table 1 will not 
be lawful under FIFRA as of the February 1, 2001, except for purposes 
of relabeling (consistent with the terms as outlined in the letter(s) 
of December 1, 2000), shipping such stocks for export consistent with 
the requirements of section 17 of FIFRA, or proper disposal.
    2. Use for producing other products. The use of existing stocks of 
any manufacturing-use product identified in Table 1 for formulation 
into any other product labeled for indoor use will not be lawful under 
FIFRA as of March 1, 2001. The use of existing stocks of any 
manufacturing-use product identified in Table 1 for formulation into 
any other product labeled for the agricultural uses listed above will 
not be lawful under FIFRA as of June 1, 2001.

B. End-Use Products

    1. Distribution, sale or use of products bearing instructions for 
use on agricultural crops. The distribution, sale or use of existing 
stocks by any person of any product listed in Table 2 or 3 that bears 
instructions for use on the above listed agricultural crops will not be 
lawful under FIFRA one year after the effective date of the use 
deletion or cancellation. Any use of such product until that date must 
be in accordance with the existing labeling of that product.
    2. Distribution, sale or use of products bearing instructions for 
use on indoor sites. The distribution or sale of existing stocks by any 
person of any product listed in Table 2 or 3 that bears instructions 
for use at or on any indoor sites(except mushroom houses), shall not be 
lawful under FIFRA after April 1, 2001.
    3. Retail and other distribution or sale. The retail sale of 
existing stocks of products listed in Table 2 or 3 bearing

[[Page 1981]]

instructions for any indoor uses except mushroom houses will not be 
lawful under FIFRA after December 31, 2002.
    4. Use of existing stocks. EPA intends to permit the use of 
existing stocks of products listed in Table 2 or 3 until such stocks 
are exhausted, provided such use is in accordance with the existing 
labeling of that product.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: December 29, 2000.
Linda S. Propst,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-466 Filed 1-9-01; 8:45 am]
BILLING CODE 6560-50-S