[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Pages 37673-37677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18097]


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EVIRONMENTAL PROTECTION AGENCY

[OPP-34225G; FRL-6791-9]


Diazinon; Products Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order for the product 
and use cancellations as requested by three companies (Drexel Chemical 
Co., Aventis Environmental Science and Gowan Co., hereafter 
collectively referred to as the ``MUP Registrants'') that hold the 
registrations of pesticide manufacturing-use and end-use products (MUPs 
and EUPs) 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 May 30, 2001, 
notice of receipt of the three companies' requests for cancellations 
and amendments of their diazinon product registrations to terminate all 
indoor uses and certain agricultural uses. In the May 30, 2001 notice, 
EPA indicated that it would issue an order confirming the voluntary 
product and use registration cancellations unless the Agency received 
any substantive comment within the comment period that would merit its 
further review of these requests. The Agency received comments on 
outdoor non-agricultural uses. This notice addresses these comments, 
which do not effect the

[[Page 37674]]

Agency's decision to grant the MUP registrant's request. 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. This notice also 
announces EPA's amendment to a cancellation order that was issued on 
April 24, 2001 and published in the Federal Register on May 2, 2001. 
The order is amended to include an existing stock provisions for 
products bearing instructions for any of the canceled agricultural 
uses.

DATES: The cancellations are effective July 19, 2001.

FOR FURTHER INFORMATION CONTACT: By mail: 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-34225G. 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 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 MUPs and 
registrants of EUPs 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 the 
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, and which 
includes expiration of the registration for outdoor non-agricultural 
uses. The letter from Aventis Environmental Science, requested 
cancellation of its MUPs without issuance of replacement registrations. 
EPA has acted on the requests and 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. The uses for which 
termination was requested are identified in the following List 1.

    List 1. -- Uses Requested for Termination
    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.
    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.
    Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA), EPA announced the Agency's receipt of 
these requests from the MUP registrants by a Federal Register notice 
published on May 30, 2001 (66 FR 29310) (FRL-6785-2). In that notice, 
EPA provided a 30-day comment period. The registrants requested that 
the Administrator waive the 180-day comment period provided under FIFRA 
section 6(f)(1)(C). EPA also approved the replacement registrations for 
the registrants' diazinon manufacturing-use products in March and May 
2001.
    Before the May 30th publication of the 6(f) notice announcing the 
diazinon product and use cancellation requests, 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 of this notice. 
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

[[Page 37675]]

 
 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 MUP 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 MUP 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 MUP 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 
registrants' requested cancellations and amendments of the 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 of this notice, 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.
    EPA also received two comments asking that EPA cancel the outdoor 
non-agricultural uses of diazinon products now rather than in 2004. In 
assessing outdoor non-agricultural uses of diazinon products, EPA has 
considered many factors, including:
    1. The risks and the benefits associated with such uses.
    2. The phasing out over the next 3 years of the production of 
diazinon technical products that can be formulated or reformulated into 
products labeled for outdoor non-agricultural uses.
    3. The possibility of and potential impacts from any litigation 
that may result from a proceeding by EPA to cancel these uses.
    Based on its consideration of all of these factors, EPA currently 
is not contemplating initiating a regulatory proceeding to cancel these 
uses.

B. Requests for Voluntary Cancellation of Manufacturing Use Products

     Pursuant to FIFRA section 6(f)(1)(A), the 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
------------------------------------------------------------------------
Aventis Environmental Science     432-1094            Pyrenone Diazinon
 
Aqueous Base Science              432-1130            Pyrenone Diazinon
                                                       S.E.C.
 
Gowan Company                     10163-212           Gowan Diazinon
                                                       Technical
 
Drexel Chemical Co.               19713-104           Diazinon Technical
------------------------------------------------------------------------

    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 MUP Registrants had 
proposed to cancel. In response to these comments, pursuant to FIFRA 
section 3(c)(7)(A), EPA approved the MUP 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 above, 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 
MUP 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 37676]]



     Table 3. -- End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
             Company                   Reg. No.             Product
------------------------------------------------------------------------
Syngenta Crop Protection, Inc.    100-463             D.Z.N. DIAZINON 4E
                                                       Insecticide
 
                                  100-785             Evict Indoor/
                                                       Outdoor WBC
 
------------------------------------------------------------------------
Aventis Environmental Science     432-907             Ford's Diazinon 4E
                                                       Insecticide
 
                                  432-979             Pyrenone Diazinon
                                                       Residual
                                                       Concentrate
                                                       Insecticide
 
                                  432-987             Pyrenone Diazinon
                                                       Residual Spray
                                                       Insecticide
 
                                  432-1062            Roach and Ant
                                                       Spray Aqueous
 
                                  432-1108            Pyrenone Diazinon
                                                       W.B.
 
                                  432-1114            Pyrenone Diazinon
                                                       Water Based
                                                       Pressurized Spray
 
                                  432-1119            Pyrenone Diazinon
                                                       Water Based
                                                       Pressurized Spray
                                                       II
------------------------------------------------------------------------

    EPA did not receive any comments expressing a need for 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 and Aventis.

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
------------------------------------------------------------------------
Drexel Chemical Co                19713-91            Diazinon
                                                       Insecticide
 
                                  19713-92            D-264 4E Diazinon
                                                       Insecticide
 
                                  19713-95            D-264 14G
 
                                  19713-145           D-264 Captan Seed
                                                       Protection
 
                                  19713-263           DIAZINON 5G
 
                                  19713-264           DIAZINON 2G
 
                                  19713-317           Bug Spray (SP)
 
                                  19713-492           Diazinon 50 WP
------------------------------------------------------------------------

    As mentioned in Unit II.A of this notice, EPA received comments 
requesting that the Agency continue 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 4 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 of this notice, and the 
diazinon end-use product registrations identified in Table 3 of this 
notice, 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 of this notice, will not be lawful under FIFRA after July 
19, 2001, except for the purpose of returns for relabeling consistent 
with the Technical Registrants' cancellation request letters and the 
memorandum of agreement (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 of this notice, for formulation or reformulation into any 
product that bears instructions for indoor use will not be lawful under 
FIFRA after July 19, 2001. All other uses 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 of this notice, for formulation or reformulation into any 
product bearing instructions for the agricultural uses identified in 
List 1 of this notice, except spinach, strawberries and tomatoes, will 
not be lawful under FIFRA after the date of publication of this Federal 
Register notice. All other uses 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.

[[Page 37677]]

    4. Sale or distribution of indoor end-use products by MUP 
registrants. Sale or distribution by the MUP registrants of the 
existing stocks of any product identified in Table 3 or Table 4 of this 
notice that bear instructions for indoor use will not be lawful under 
FIFRA after July 19, 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.
    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 of this notice that bear 
instructions for indoor use will not be lawful under FIFRA after 
December 31, 2002, except for the purpose 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.
    6. Distribution or sale of diazinon end-use products bearing 
directions for use on agricultural crops. Sale and distribution by the 
registrant of end-use products bearing directions for use on any of the 
canceled agricultural crops will be unlawful 1-year after the effective 
date of this cancellation order. Persons other than the registrant may 
continue to sell existing stocks after the effective date of the 
cancellation order.

V. Amendment to April 24, 2001 Cancellation Order (66 FR 21967 (May 
2, 2001))

    Pursuant to sections 6(f) and 6(a)(1) of FIFRA, EPA hereby amends 
its cancellation order that was issued on April 24, 2001 and published 
in the May 2, 2001 issue of the Federal Register. The order is hereby 
amended to include in section IV of the order the following existing 
stocks provision.
    Distribution and sale of end-use products bearing instructions for 
use on agricultural crops. The distribution or sale of the existing 
stocks by the registrant of any product listed in Table 3 or 4 that 
bears instructions for any of the agricultural uses identified in List 
1, except spinach, strawberries and tomatoes, will not be lawful under 
FIFRA 1-year after the effective date of the cancellation order. 
Persons other than the registrants may continue to sell or distribute 
the existing stocks listed in Table 3 or 4 that bears instructions for 
any of the agricultural uses identified in List 1 after the effective 
date of the cancellation order.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.

    Dated: July 3, 2001.

Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-18097 Filed 7-18-01; 8:45 a.m.]
BILLING CODE 6560-50-S