[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Pages 21967-21971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10998]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225D; FRL-6781-1]


Diazinon Products; Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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[[Page 21968]]

SUMMARY:  This notice announces EPA's cancellation order for the 
product and use cancellations as requested by two companies that hold 
the registrations of pesticide manufacturing-use and end-use products 
containing the active ingredient diazinon and accepted by EPA, pursuant 
to section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA). This order follows up a January 10, 2001, notice of 
receipt of the two companies' requests for cancellations and amendments 
of their diazinon product registrations to terminate all indoor uses 
and certain agricultural uses. In the January 10, 2001 notice, EPA 
indicated that it would issue an order confirming the voluntary product 
and use registration cancellations. Any distribution, sale, or use of 
the products subject to this cancellation order is only permitted in 
accordance with the terms of the existing stocks provisions of this 
cancellation order.

DATES:  The cancellations are effective May 2, 2001.

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:

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-34225D. 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.

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

A. Background

    In December 2000, Syngenta Crop Protection, Inc. (Syngenta) and 
Makheteshim Agan of North Amenrica, Inc./Makheteshim Chemical Works, 
Ltd. (collectively referred to as the ``Technical Registrants''), the 
basic manufacturers of the active ingredient diazinon and registrants 
of products containing diazinon, and EPA agreed to several voluntary 
measures that will reduce the potential exposure to children associated 
with diazinon containing products. EPA initiated the negotiations with 
the Technical Registrants after finding that diazinon, as currently 
registered, was an exposure risk, especially to children. As a result, 
the Technical Registrants respectively submitted a letter under section 
6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 
requesting cancellation or amendment of all of their diazinon product 
registrations to terminate all indoor uses and certain agricultural 
uses. The uses for which termination was requested are identified in 
the following List 1:
    List 1.--Uses Requested for Termination
    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. The uses for dried beans, dried 
peas, chicory, cowpeas and dandelions were removed from all labels in 
1991.
    **In addition, Syngenta has requested that ``lawns'' be removed 
from three of its commercial agricultural products (EPA Registrations 
100-460, 100-461 and 100-784).
    The letters requested that EPA cancel the registrations of all of 
their diazinon manufacturing-use products, conditioned upon EPA's 
issuance of replacement registrations for these products which do not 
allow formulation or reformulation into products bearing instructions 
for the uses identified in List 1. The letters also requested 
cancellations or amendments of the Technical Registrants' end-use 
product registrations to terminate these uses. These letters were 
followed by a memorandum of agreement between the Technical Registrants 
and EPA (MOA), in which the Technical Registrants agreed to phase out 
non-agricultural uses of its diazinon products. A copy of the Technical 
Registrants' letters requesting voluntary cancellation and the above-
mentioned MOA are located in docket control number OPP-34225D.
    Pursuant to section 6(f)(1) of the FIFRA, EPA announced the 
Agency's receipt of these requests from the Technical Registrants by a 
Federal Register notice published on January 10, 2001 (66 FR 1977) 
(FRL-6763-7). In that Notice, EPA provided a 30-day comment period. The 
Technical Registrants requested that the Administrator waive the 180-
day comment period provided under FIFRA section 6(f)(1)(C). EPA also 
approved the

[[Page 21969]]

replacement registrations for the Technical Registrants' diazinon 
manufacturing-use products on January 11, 2001.
    Following the publication of the 6(f) notice, EPA received many 
comments from growers, as well as the U.S. Department of Agriculture, 
expressing that the use of diazinon pesticide products is vital for 
many of the agricultural uses identified in List 1. According to the 
comments, there is a nationwide need for the application of diazinon 
products on spinach, strawberries, and tomatoes. There are also needs 
for the application of diazinon products on certain crops in certain 
states. These needs are identified in the following Table 1:

     Table 1.-- Specific Regional Need for Diazinon End-Use Products
------------------------------------------------------------------------
                   Crop                              Use area(s)
------------------------------------------------------------------------
Bananas                                     Hawaii
Celery                                      Texas
Cucumbers                                   Texas)
Ground Squirrel/ Rodent Burrow Dust         California
 Stations for Public Health Use
Parsley                                     Texas and California
Parsnips                                    Texas and Oregon
Peas, succulent                             Texas and Maryland
Peppers                                     Texas and California
Potatoes, Irish                             Texas, Washington and
                                             Michigan
Potatoes, Sweet                             Texas
Squash, summer and winter                   Texas and California
Swiss Chard                                 Texas
Turnips, root                               Texas and Oregon
Turnips, tops                               Texas and Oregon
------------------------------------------------------------------------

    In response to these comments, the Technical Registrants agreed to 
maintain on their diazinon product registrations the use on spinach, 
strawberries and tomatoes. EPA's assessment of risks associated with 
the use of diazinon products concluded that all acute and chronic 
dietary risk estimates are below the Agency's level of concern. EPA's 
assessment considered all currently registered uses, including the 
agricultural uses identified in List 1. There may also be adequate data 
to support the tolerances for spinach, strawberries and tomatoes. EPA 
is currently reviewing residue data for these crops recently provided 
by the registrant to determine their acceptability. Accordingly, 
pursuant to FIFRA section 3(c)(7)(A), EPA approved the amendments of 
the Technical Registrants' replacement manufacturing-use product 
registrations to permit formulation and reformulation into products 
bearing instructions for spinach, strawberries and tomatoes. As 
amended, the approved replacement registrations for the Technical 
Registrants diazinon manufacturing-use products permit formulation and 
reformulation into products bearing instructions only for the 
agricultural uses identified in the following List 2:
    List 2.--Agricultural Uses in Technical Registrants' Replacement 
Manufacturing-Use Product Registrations
    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, spinach, strawberries, sugar 
beets, tomatoes, walnuts, watercress (Hawaii only), and watermelons.
    Similarly, in today's Cancellation Order, EPA is approving the 
Technical Registrants' requested cancellations and amendments of the 
their diazinon end-use products registrations to terminate all uses 
identified in List 1 except spinach, strawberries and tomatoes. The 
individual states identified in Table 1 may wish to issue special-
local-need registrations under FIFRA section 24(c) for diazinon end-use 
products to address the specific agricultural needs in their states 
respectively, as identified in Table 1.

B. Requests for Voluntary Cancellation of Manufacturing Use Products

    Pursuant to FIFRA section 6(f)(1)(A), the Technical Registrants 
submitted requests for voluntary cancellation of the registrations for 
their diazinon manufacturing-use products, conditioned upon EPA's 
issuance of replacement registrations for these products which do not 
allow their formulation or reformulation into products bearing 
instructions for indoor use or certain agricultural uses, as identified 
in List 1 of this notice. The product registrations for which 
cancellations were requested are identified in the following Table 2:

 Table 2.--Manufacturing-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
             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             D.Z.N(R) DIAZINON
                                                       MG 87%
                                                       INSECTICIDE
                                  100-714             D.Z.N(R) DIAZINON
                                                       MG 5%
                                  100-771             D.Z.N(R) DIAZINON
                                                       MG 22.4% WBC
                                  100-783             D.Z.N(R) DIAZINON
                                                       MG 56%
------------------------------------------------------------------------

    As mentioned in Unit II.A of this notice, EPA received comments 
requesting that the Agency continues to permit the use of diazinon 
products on certain agricultural sites that the Technical Registrants 
had proposed to cancel. In response to these comments, pursuant to 
FIFRA section 3(c)(7)(A), EPA approved the Technical Registrants' 
amendments of the replacement registrations for their diazinon 
manufacturing-use products to permit formulation and reformulation of 
these replacement manufacturing use products into products bearing 
instructions for spinach, strawberries, and tomatoes, because there 
appears to be a nationwide need for the use of diazinon products on 
these crops. The individual states identified in Table 1 may wish to 
issue special-local-need registrations under FIFRA section 24(c) for 
diazinon end-use products to meet the specific agricultural needs in 
their states, as identified in Table 1. Because the concerns expressed 
in the comments have been addressed, EPA is issuing an order in this 
notice canceling the registrations identified in Table 2, as requested 
by the Technical Registrants.

C. Requests for Voluntary Cancellation of End-Use Products

    In addition to requesting voluntary cancellation of its diazinon 
manufacturing-use product registrations, Syngenta also submitted 
requests for voluntary cancellation of the registrations for its 
diazinon end-use products that are registered primarily for indoor use. 
These end-use product registrations for which cancellation was 
requested are identified in the following Table 3:

[[Page 21970]]



      Table 3.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
             Company                   Reg. No.             Product
------------------------------------------------------------------------
Syngenta Crop Protection, Inc.    100-445             D.Z.N(R) DIAZINON
                                                       2D
                                  100-477             D.Z.N(R) HOME PEST
                                                       CONTROL LIQUID
                                  100-478             D.Z.N(R) HOME PEST
                                                       CONTROL
                                                       PRESSURIZED
                                                       LIQUID
                                  100-625             D.Z.N(R) HOME PEST
                                                       CONTROL -- XP
                                  100-659             D.Z.N(R) 0.5% RTU
                                  100-685             D.Z.N(R) 1/2% EW
                                  100-686             D.Z.N(R) 1% EW
                                  100-687             D.Z.N(R) 5.0 EW
------------------------------------------------------------------------

    EPA did not receive any comments expressing a need of diazinon 
products for indoor use. Accordingly, EPA is issuing an order in this 
notice canceling the registrations identified in Table 3, as requested 
by Syngenta.

D. Requests for Voluntary Amendments of End-Use Product Registrations 
to Terminate Certain Uses

    Pursuant to section 6(f)(1)(A) of FIFRA, the Technical Registrants 
submitted requests to amend a number of their diazinon end-use product 
registrations to terminate the uses identified in List 1 of this 
notice. The registrations for which amendments to terminate uses were 
requested are identified in the following Table 4:

   Table 4.--End-Use Product Registrations Requests for Amendments to
                             Terminate Uses
------------------------------------------------------------------------
             Company                   Reg. No.             Product
------------------------------------------------------------------------
Makhteshim-Agan of North          66222-10            DIAZOL Diazinon
 America, Inc.                                         50W
                                  66222-9             DIAZOL Diazinon
                                                       AG500
Syngenta Crop Protection, Inc .   100-460             D.Z.N(R) DIAZINON
                                                       50W
                                  100-461             D.Z.N(R) DIAZINON
                                                       AG500
                                  100-463             D.Z.N(R) DIAZINON
                                  100-469             D.Z.N(R) DIAZINON
                                                       14G
                                  100-784             D.Z.N(R) DIAZINON
                                                       AG600 WBC
                                  100-785             EVICT(TM) INDOOR/
                                                       OUTDOOR WBC
------------------------------------------------------------------------

    As mentioned in Unit II.A of this notice, EPA received comments 
requesting that the Agency continues to permit the use of diazinon 
products on certain agricultural sites that the Technical Registrants 
had proposed to cancel. In response to these comments, the Technical 
Registrants have agreed to retain the use on spinach, strawberries, and 
tomatoes on their current diazinon end-use product registrations. The 
individual states identified in Table 1 may also wish to issue special-
local-need registrations under FIFRA section 24(c) for diazinon end-use 
products to meet the specific agricultural needs in their states, as 
identified in Table 1. Accordingly, EPA is issuing an order in this 
notice approving the amendments of the registrations identified in 
Table 3 to terminate all uses identified in List 1 except spinach, 
strawberries, and tomatoes.

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested diazinon product registration cancellations and amendments to 
terminate all indoor uses and certain agricultural uses, as identified 
in List 1 of this notice, except spinach, strawberries, and tomatoes. 
Accordingly, the Agency orders that the diazinon manufacturing use 
product registrations identified in Table 2 and the diazinon end-use 
product registrations identified in Table 3 are hereby canceled. The 
Agency also orders that all of the uses identified in List 1, except 
spinach, strawberries, and tomatoes, are hereby canceled from all end-
use product registrations identified in Table 4. Any distribution, 
sale, or use of existing stocks of the products identified in Tables 2-
4 in a manner inconsistent with the terms of this Order or the Existing 
Stock Provisions in Unit IV of this Notice will be considered a 
violation of section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of 
FIFRA.

IV. Existing Stocks Provisions

    For purposes of this Order, the term ``existing stocks'' is 
defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 
26, 1991), as those stocks of a registered pesticide product which are 
currently in the United States and which have been packaged, labeled, 
and released for shipment prior to the effective date of the amendment 
or cancellation. The existing stocks provisions of this Cancellation 
Order are as follows:
    1. Distribution or sale of manufacturing-use products. Distribution 
or sale by any person of the existing stocks of any product identified 
in Table 2 will not be lawful under FIFRA after May 2, 2001, except for 
the purposes of returns for relabeling consistent with the Technical 
Registrants' cancellation request letters and the MOA, shipping such 
stocks for export consistent with the requirements of section 17 of 
FIFRA, or proper disposal.
    2.  Use of manufacturing-use products to formulate for indoor use. 
Use by any person of the existing stocks of any product identified in 
Table 2 for formulation or reformulation into any product that bears 
instructions for indoor use will not be lawful under FIFRA after May 2, 
2001. All other use of such products may continue until the existing 
stocks are exhausted, provided that such use does not violate any 
existing stocks provision of this Cancellation Order and is in 
accordance with the existing labeling of that product.
     3. Use of manufacturing-use products to formulate for agricultural 
use. Use by any person of the existing stocks of any product identified 
in Table 2 for formulation or reformulation into any product bearing 
instructions for the agricultural uses identified in List 1, except 
spinach, strawberries and tomatoes, will not be lawful under FIFRA 
after May 31, 2001. All other use of such products may continue until 
the existing stocks are exhausted, provided that such use does not 
violate any existing stocks provision of this Cancellation Order and is 
in accordance with the existing labeling of that product.
     4. Sale or distribution of indoor end-use products by Technical 
Registrants. Sale or distribution by the Technical Registrants of the 
existing stocks of any product identified in Table 3 or Table 4 that 
bear instructions for indoor use will not be lawful under FIFRA after 
May 2, 2001, except for the purposes of returns for relabeling 
consistent with the Technical Registrants' cancellation

[[Page 21971]]

request letters and the MOA, shipping such stocks for export consistent 
with the requirements of section 17 of FIFRA, or proper disposal.
    5. Retail and other sale or distribution of indoor end-use 
products. Sale or distribution by any person of the existing stocks of 
any product identified in Table 3 or Table 4 that bear instructions for 
indoor use will not be lawful under FIFRA after December 31, 2002, 
except for the purposes of returns for re-labeling consistent with the 
Technical Registrants' cancellation request letters and the MOA, 
shipping such stocks for export consistent with the requirements of 
section 17 of FIFRA, or proper disposal.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 24, 2001.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-10998 Filed 5-1-01; 8:45 am]
BILLING CODE 6560-50-S