[Federal Register Volume 66, Number 104 (Wednesday, May 30, 2001)]
[Notices]
[Pages 29310-29313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13514]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225E; FRL-6785-2]


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 in February and March 2001. 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 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-34225E. 
Comments must be received on or before June 29, 2001.

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

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

[[Page 29311]]

for diazinon, go to the Home Page for the Office of Pesticide Programs 
or go directly 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-34225E. 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-34225E 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 submission 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-34225E. 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 February 20, 2001, for Aventis 
Environmental Science, March 6, 2001, for Drexel Chemical Company and 
April 26, 2001, for Gowan Company, manufacturers of manufacturing-use-
products (MUPs) 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, 
with the exception of the letter from Aventis, also requested that EPA 
cancel their registrations for 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. The letter from Aventis Environmental 
Science requested cancellation of products without issuance of 
replacement registrations. EPA has acted on the requests and has issued 
new registrations in March and May 2001. In addition, these companies 
have asked EPA to cancel or amend their registrations for end-use 
products containing diazinon consistent with the use cancellation 
request. In a letter dated February 8, 2001, Prentiss Incorporated, the 
other maker of diazinon MUPs, stated that all of their diazinon MUPs 
have been voluntarily canceled through non-payment of maintenance fees 
and are not included in this notice. Syngenta Crop Protection, Inc., in 
letters dated January 15, 2001 and February 16, 2001, also requested 
voluntary cancellation of two end-use products (diazinon 4E insecticide 
and evict indoor/outdoor WBC) which Syngenta previously submitted to be 
amended. 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:
     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.

[[Page 29312]]

     Agricultural uses. Alfalfa, bananas, Bermuda grass, dried beans, 
dried peas, celery, red chicory (radicchio), citrus, clover, coffee, 
cotton, cowpeas, cucumbers, dandelions, forestry, (ground squirrel/
rodent burrow dust stations for public health use), kiwi, lespedeza, 
parsley, parsnips, pastures, peppers, potatoes (Irish and sweet), 
sheep, sorghum, squash (winter and summer), rangeland, Swiss chard, 
tobacco, and turnips (roots and tops).

B. Requests for Voluntary Cancellation of Manufacturing-Use Products

    Pursuant to FIFRA section 6(f)(1)(A), Gowan Company and Drexel 
Chemical Co. have submitted requests for voluntary cancellation of 
registrations for their MUPs conditioned upon issuance of replacement 
registrations which do not allow their use in formulation of end-use 
products for the deleted uses. Aventis Environmental Science has only 
requested cancellation of MUPs and not issuance of replacement 
registrations. 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
------------------------------------------------------------------------
Gowan Company                     10163-212           Gowan diazinon
                                                       technical
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Aventis Environmental             432-1094            Pyrenone diazinon
                                                       aqueous
                                                       basescience
                                                     -------------------
                                  432-1130            Pyrenone diazinon
                                                       S.E.C.
------------------------------------------------------------------------
Drexel Chemical Co.               19713-104           Diazinon technical
------------------------------------------------------------------------

    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, all of 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 MUPs, Syngenta 
and Aventis Environmental Science USA LP have 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
------------------------------------------------------------------------
             Company                    Reg. No             Product
------------------------------------------------------------------------
Syngenta crop protection, Inc.    100-463             DZ
                                                       N Diazinon 4E
                                                       insecticide
 
                                  100-785             Evict indoor/
                                                       outdoor WBC
------------------------------------------------------------------------
Aventis Environmental ScienceUSA  432-907             Ford's diazinon 4E
 LP                                                    insecticide
 
                                  432-979             Pyrenone diazinon
                                                       residual
                                                       concentrate
                                                       insecticide
 
                                  432-987             Pyrenone diazinon
                                                       residual
                                                       sprayinsecticide
 
                                  432-1062            Roach and ant
                                                       spray aqueous
 
                                  432-1108            Pyrenone diazinon
                                                       W.B.
 
                                  432-1114            Pyrenone diazinon
                                                       water based
                                                       pressurizedspray
 
                                  432-1119                   water based
                                                       pressurizedspray
                                                       II
------------------------------------------------------------------------

    Syngenta and Aventis have 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.

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

    Pursuant to section 6(f)(1)(A) of FIFRA, Drexel Chemical Company 
has also submitted a request to amend their other end-use registrations 
of pesticide products containing diazinon to delete

[[Page 29313]]

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
------------------------------------------------------------------------
             Company                    Reg. No             Product
------------------------------------------------------------------------
Drexel ChemicalCompany            19713-91            Diazinon
                                                       insecticide
 
                                  19713-92            D-264 4E Diazinon
                                                       insecticide
 
                                  19713-95            D-264 14G
 
                                  19713-145           D-264 Captan seed
                                                       protectant
 
                                  19713-263           Diazinon 5G
 
                                  19713-264           Diazinon 2G
 
                                  19713-317           Bug spray (SP)
 
                                  19713-492           Diazinon 50 WP
------------------------------------------------------------------------

    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. Drexel Chemical Co., has 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 at 56 FR 29362, June 26, 1991, as those stocks of a registered 
pesticide product which are currently in the United States, 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 MUP identified in Table 1 will not be lawful under FIFRA 
as of the date of issuance of the cancellation order except for 
purposes of relabeling, 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 MUP identified in Table 1 for formulation into any other product 
labeled for indoor use will not be lawful under FIFRA effective 
issuance date of the cancellation order. The use of existing stocks of 
any MUP 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 30, 2001.

B. End-Use Products

    1. Distribution or sale of products bearing instructions for use on 
agricultural crops. The distribution or sale or 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 1-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 or sale of products bearing instructions for use on 
indoor sites. The distribution or sale of existing stocks by the 
registrant 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 effective issuance date of the 
cancellation order.
    3. Retail and other distribution or sale. The retail sale of 
existing stocks of products listed in Table 2 or 3 bearing 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 
areexhausted, provided such use is in accordance with the existing 
labeling of that product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 18, 2001.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 01-13514 Filed 5-29-01; 8:45 am]
BILLING CODE 6560-50-S