[Federal Register Volume 66, Number 148 (Wednesday, August 1, 2001)]
[Notices]
[Pages 39758-39762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19174]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225F; FRL-6792-1]


Diazinon; Receipt of Requests For Amendments, and Cancellations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Several companies that manufacture diazinon O,O-diethyl O-(2-
isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate pesticide products 
have asked EPA to cancel or amend the registrations for their end-use 
products containing diazinon to delete all indoor uses, certain 
agricultural uses and certain outdoor non-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 termination of the above 
mentioned uses through registration cancellations or amendments were 
submitted to EPA in May and June 2001. EPA intends to grant these 
requests by issuing a cancellation order at the close of the comment 
period for this announcement unless the Agency receives substantive 
comments within the comment period that would merit its further review 
of these requests. 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-34225F. 
Comments must be received on or before August 31, 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-34225F 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

[[Page 39759]]

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 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-34225F. 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-34225F 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-34225F. 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 letters dated April 25 and May 29, 2001 from Prentiss Inc.; May 
29, 2001 from Unicorn Laboratories; May 30, 2001 from Micro Flo 
Company; May 31, 2001 from Agriliance; June 1, 2001 from Micro Flo 
Company; and June 1, 2001 from Diall Chemical Company, Inc., these 
registrants of pesticide products containing diazinon requested that 
the registrations of their diazinon products be amended to terminate 
all indoor uses, certain agricultural uses, and any other uses that the 
registrants do not wish to maintain. The requests also included 
deletions of outdoor non-agricultural uses from the labeling of certain 
end-use products so that such products would be labeled for 
agricultural uses only. Similarly, in letters dated May 21, 2001 from 
Nu-Method Pest Control Products; May 22, 2001 from Lilly Miller Brands; 
and May 23, 2001 from Virbac Corporation, these three registrants 
requested voluntary cancellation of the registrations for their 
diazinon end-use products that bear directions for indoor use and/or 
certain outdoor non-agricultural uses, and any other uses that the 
registrants do not

[[Page 39760]]

wish to maintain. 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 requested cancellations and amendments are consistent with 
the requests in December 2000 by the manufacturers of diazinon 
technical products, and EPA's approval of such requests, to terminate 
all indoor uses and certain agricultural uses from their diazinon 
product registrations because of EPA's concern with the potential 
exposure risk, especially to children, associated with diazinon 
containing products. The indoor uses and agricultural uses subject to 
cancellation are identified in List 1 below:

List 1 of Uses to be Canceled

    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 but not limited to food/
feed handling establishments, greenhouses, schools, residences, 
commercial buildings, 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 (roots and tops).
    As mentioned above, the requests announced in this Federal Register 
notice also include registration cancellations and/or amendments to 
terminate certain uses that the registrants do not wish to maintain. 
The specific requests are identified in Tables 1 and 2 of this notice. 
Furthermore, this notice announces a request that was inadvertently 
omitted in EPA's May 30, 2001 Federal Register (66 FR 29310) (FRL-6785-
2) notice announcing its receipt of a request dated May 17, 2001 by 
Drexel Chemical Co. (``Drexel''). In the May 30, 2001 notice, EPA 
announced that Drexel requested voluntary cancellations and/or 
amendments of its diazinon product registrations to terminate all 
indoor uses and certain agricultural uses, as identified in List 1 
above. However, the Agency inadvertently omitted in that notice 
Drexel's request to delete outdoor non-agricultural uses from certain 
diazinon end-use products registrations so that such end-use products 
would only be labeled for agricultural uses only. The Agency hereby 
includes that part of Drexel's request in this notice.
    EPA has begun the process of reviewing the requested amendments 
which cannot be finalized until the end of the public comment period 
and provided that no substantial comments need to be addressed. EPA 
also intends to grant the requested product and use cancellations by 
issuing a cancellation order at the close of the comment period for 
this announcement unless the Agency receives substantive comments 
within the comment period that would merit its further review of these 
requests.

B. Requests for Voluntary Cancellation of End-Use Products

    Nu-Method Pest Control Products, Lilly Miller Brands and Virbac 
Corporation have submitted requests for voluntary cancellation of some 
of its registrations for end-use pesticide products containing 
diazinon. The end-use product registrations for which cancellation was 
requested are identified in the following Table 1.

      Table 1.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
            Company               Registration No.         Product
------------------------------------------------------------------------
Lilly Miller Brands              802-444             Miller's Multi-Use
                                                      Diazinon Insect
                                                      Spray
 
                                 802-556             Lilly Miller 5%
                                                      Diazinon Granules
------------------------------------------------------------------------
 
Virbac Corporation               2382-94             Protection 150
                                                      Reflecting Flea
                                                      and Tick Collar
                                                      for Cats
 
                                 2382-95             Protection Plus
                                                      Flea and Tick
                                                      Collar for Cats
 
                                 2382-96             Protection 150
                                                      Reflecting Flea
                                                      and Tick Collar
                                                      for Dogs
 
                                 2382-97             Protection Plus 150
                                                      Flea and Tick
                                                      Collar for Dogs
 
                                 2382-98             Protection 150 Flea
                                                      and Tick Collar
                                                      for Cats
 
                                 2382-99             Protection 150 Flea
                                                      and Tick Collar
                                                      for Dogs
 
                                 2382-105            Protection 300 Flea
                                                      and Tick Collar
                                                      for Dogs
------------------------------------------------------------------------
 
Nu-Method Pest Control           6911-5              NU-MRK NU-Method
 Products, Inc.                                       Ant and Roach
                                                      Killer
------------------------------------------------------------------------

    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 unless the Agency receives 
any substantive comment within the comment period that would

[[Page 39761]]

merit its further review of these requests.

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

    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies 
have submitted a request to amend the registrations of their pesticide 
end-use products containing diazinon to delete certain uses from 
certain products. The following Table 2 identifies the registrants, the 
product registrations that they wish to amend, and the uses that they 
wish to delete through registrationamendments.

        Table 2.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
                                                      Product Name: Use
            Company               Registration No.        Deletions
------------------------------------------------------------------------
Prentiss Inc.                    655-456             Prentox Diazinon
                                                      50W Insecticide:
                                                      Beans (lima, pole,
                                                      snap; succulent
                                                      only), Cucumbers,
                                                      Parsley, Parsnips,
                                                      Peas (succulent
                                                      only), Peppers,
                                                      Potatoes (Irish),
                                                      Squash (summer and
                                                      winter), Sweet
                                                      Potatoes, Swiss
                                                      Chard, Turnips,
                                                      Grasslands, Ditch
                                                      Banks, Roadsides,
                                                      Wastelands, Non-
                                                      CropAreas, Barrier
                                                      Strips, Lawn Pest
                                                      Control (excluding
                                                      sod farms and golf
                                                      courses),
                                                      Livestock Insects
                                                      (sheep ticks Keds
                                                      and lice),
                                                      Livestock
                                                      Structures (fly
                                                      control in barns
                                                      and animal
                                                      sleeping quarters
                                                      except dairy
                                                      barns, milk rooms
                                                      and poultry
                                                      houses), Residual
                                                      Sprays, Bait
                                                      Sprays, Sprinkling
                                                      Can Application,
                                                      and Insect Control
                                                      on Ornamentals
                                                      Grown Indoors in
                                                      Nurseries.
 
                                 655-459             Prentox Diazinon
                                                      AG500 Insecticide:
                                                      Beans (lima, pole,
                                                      snap; succulent
                                                      only), Cucumbers,
                                                      Parsley, Parsnips,
                                                      Peas (succulent
                                                      only), Peppers,
                                                      Potatoes (Irish),
                                                      Squash (summer and
                                                      winter), Sweet
                                                      Potatoes, Swiss
                                                      Chard, Turnips,
                                                      Grasslands, Ditch
                                                      Banks, Roadsides,
                                                      Wastelands, Non-
                                                      Crop Areas,
                                                      Barrier Strips,
                                                      Lawn Pest Control,
                                                      and Nuisance Pests
                                                      in Outside Areas.
------------------------------------------------------------------------
 
Agriliance                       9779-210            Diazinon 4 AG:
                                                      Beans, Cabbage,
                                                      Cucumbers,
                                                      Parsley, Parsnips,
                                                      Peas, Peppers,
                                                      Potatoes, Squash
                                                      (summer and
                                                      winter), Sweet
                                                      Potatoes, Swiss
                                                      Chard, Turnips,
                                                      and Lawns/Other
                                                      Outside Areas.
------------------------------------------------------------------------
 
Drexel Chemical Company          19713-91            Diazinon
                                                      Insecticide: Lawns
                                                      (any turf sites),
                                                      Barrier Strips,
                                                      Ditch Banks, Non-
                                                      Crop Areas,
                                                      Roadsides,
                                                      Wastelands, and
                                                      Nuisance Pests in
                                                      Outside Areas.
 
                                 19713-492           Diazinon 50 WP:
                                                      Lawns (any turf
                                                      sites), Barrier
                                                      Strips, Ditch
                                                      Banks, Non-Crop
                                                      Areas, Roadsides,
                                                      Wastelands, and
                                                      Nuisance Pests in
                                                      Outside Areas.
------------------------------------------------------------------------
 
Unicorn Laboratories             28293-199           Unicorn Diazinon 5G
                                                      Granules: Celery
 
                                 28293-230           Unicorn 25EC
                                                      Diazinon: Almonds
 
                                 28293-239           Unicorn Diazinon
                                                      14G Granular
                                                      Insecticide:Beans,
                                                      Cabbage, Celery,
                                                      Cucumbers,
                                                      Parsley, Peas,
                                                      Peppers,
                                                      Potatoes,Squash,
                                                      Sweet Potatoes,
                                                      Swiss Chard, and
                                                      Turnips
------------------------------------------------------------------------
 
Diall Chemical Company, Inc.     34822-6             DI-ALL Paint
                                                      Insecticide: Farm
                                                      Buildings
                                                      (including dairy
                                                      barns and milk
                                                      parlors),
                                                      Warehouses, Office
                                                      Buildings,
                                                      Theaters, Schools,
                                                      Hotels, Motels,
                                                      Factories and
                                                      Outbuildings.
------------------------------------------------------------------------
 
Micro-Flo Company                51036-70            Diazinon 14 G:
                                                      Beans, Parsley,
                                                      Peppers, Irish
                                                      Potatoes, Squash
                                                      (winter and
                                                      summer), Swiss
                                                      Chard, and
                                                      Turnips.
 
                                 51036-71            Diazinon AG 500:
                                                      Beans, Parsley,
                                                      Parsnips, Peppers,
                                                      Potatoes (Irish),
                                                      Squash (summer and
                                                      winter), Swiss
                                                      Chard, Turnips,
                                                      Livestock
                                                      Structures, and
                                                      Lawns.
 
                                 51036-93            Diazinon 5G AG:
                                                      Beans, Celery,
                                                      Cucumber, Parsley,
                                                      Peas, Peppers,
                                                      Potatoes, Squash
                                                      (summer and
                                                      winter), Sweet
                                                      Potatoes, Swiss
                                                      Chard, and
                                                      Turnips.
 
                                 51036-108           Diazinon 50 WP:
                                                      Beans, Parsley,
                                                      Parsnips, Peppers,
                                                      Potatoes (Irish),
                                                      Squash (summer and
                                                      winter), Swiss
                                                      Chard, Turnips,
                                                      Livestock
                                                      Structures, and
                                                      Lawns.
------------------------------------------------------------------------

    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 aforementioned companies have requested to 
amend their registrations and have requested that EPA waive the 180-day 
comment period. In light of this request, EPA is granting the request

[[Page 39762]]

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, unless the 
Agency receives any substantive comment within the comment period that 
would merit its further review of these requests.

III. Proposed Existing Stocks Provisions

    EPA received requests for voluntary cancellation of the diazinon 
registrations identified in Table 1 and requests for amendments to 
terminate certain uses of the diazinon registrations identified in 
Table 2. Pursuant to section 6(f) of FIFRA, EPA intends to grant these 
requests by issuing a cancellation order at the end of the 30-day 
comment period unless the Agency receives any substantive comment 
within the comment period that would merit its further review of these 
requests. In the event that EPA issues a cancellation order, EPA 
intends to include in that order the existing stocks provisions set 
forth in this section. For purposes of that cancellation order, the 
term ``existing stocks'' will be defined, pursuant to EPA's existing 
stocks policy (June 26, 1991, 56 FR 29362) (FRL-3846-4), 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.

EPA Intends that the Cancellation Order Includes the Following Existing 
Stocks Provisions

    1. Distribution or sale of products bearing instructions for use on 
agricultural crops. The distribution or sale of existing stocks by the 
registrant of any product listed in Table 2 that bears instructions for 
use on the agricultural crops identified in List 1 will not be lawful 
under FIFRA 1 year after the effective date of the cancellation order. 
Persons other than the registrant may continue to sell or distribute 
the existing stocks of any product listed in Table 2 that bears 
instructions for any of the agricultural uses identified in List 1 
after the effective date of the cancellation order.
    2. Distribution or sale of products bearing instructions for use on 
outdoor non-agricultural sites. The distribution or sale of existing 
stocks by the registrant of any product listed in Table 1 or 2 that 
bears instructions for use on outdoor non-agricultural sites will not 
be lawful under FIFRA 1 year after the effective date of the 
cancellation order. Persons other than the registrant may continue to 
sell or distribute the existing stocks of any product listed in Table 1 
or 2 that bears instructions for use on outdoor non-agricultural sites 
after the effective date of the cancellation order.
    3. 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 1 or 2 that bears 
instructions for use at or on any indoor sites (except mushroom 
houses), shall not be lawful under FIFRA as of the effective date of 
the cancellation order.
    4. Retail and other distribution or sale of existing stock of 
products for indoor use. The retail sale of existing stocks by any 
person other than the registrants of products listed in Table 1 or 2 
bearing instructions for any indoor uses except mushroom houses will 
not be lawful under FIFRA after December 31, 2002.
    5. Use of existing stocks. EPA intends to permit the use of 
existing stocks of products listed in Table 1 or 2 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: July 19, 2001.
Lois Rossi,
Director, Special Review and Reregistration Division, Office 
ofPesticide Programs.

[FR Doc. 01-19174 Filed 7-31-01; 8:45 am]
BILLING CODE 6560-50-S