[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Notices]
[Pages 48456-48459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23460]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225H; FRL-6802-6]


Diazinon; Products Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's cancellation order for the product 
and use cancellations as requested by several companies (Prentiss Inc., 
Unicorn Laboratories, Micro Flo Company, Agriliance, Diall Chemical 
Company, Nu-Method Pest Control Products, Lilly Miller Brands and 
Virbac Corporation, hereafter collectively referred to as the ``EUP 
Registrants'') that hold the registrations of pesticide End-Use 
Products (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 an August 1, 2001, 
notice of receipt from the companies listed above, of requests for 
cancellations and or amendments of their diazinon product registrations 
to terminate all indoor uses, certain agricultural uses and certain 
outdoor non-agricultural uses. In the August 1, 2001 notice, EPA 
indicated that it would issue an order granting 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 did not receive any 
comments that affected the Agency's intention to grant the EUP 
registrants' request to cancel product and use registrations. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested cancellations. Any distribution, sale, or use of 
the products subject to this cancellation order is only permitted in 
accordance with the terms

[[Page 48457]]

of the existing stocks provisions of this cancellation order.

DATES: The cancellations are effective September 20, 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 homepage at http://www.epa.gov/. 
To access this document, on the homepage 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 homepage 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 34225H. 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 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 wish to maintain. EPA announced its receipt of these 
above-mentioned cancellation requests in a Federal Register notice 
dated August 1, 2001.
    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 the following List.
    List -- 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, 
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.
    In today's Cancellation Order, EPA is approving the registrants' 
requested cancellations and amendments of the their diazinon end-use 
products registrations to terminate all uses identified in the List.

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. None of the products 
listed in Table 1 are registered for use on agricultural crops.

[[Page 48458]]



     Table 1. -- End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
            Company                  Reg. 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 Ant
                                                    & Roach Killer
                                                    Products, Inc.
------------------------------------------------------------------------

    EPA did not receive any comments expressing a need of diazinon 
products for indoor use nor any comments relative to the proposed 
cancellation of the products listed in Table 1. Accordingly, the Agency 
is issuing an order in this notice canceling the registrations 
identified in Table 1, as requested by Lilly Miller Brands, Virbac 
Corporation, and Nu-Method Pest Control Products, Inc.

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

    Pursuant to section 6(f)(1)(A) of FIFRA, the EUP Registrants 
submitted requests to amend a number of their diazinon end-use product 
registrations to terminate the uses identified in the List, or any 
other uses as specified for each product in the August 1, 2001 Diazinon 
6(f) notice and reiterated in Table 2 below. The registrations for 
which amendments to terminate specific uses were requested are 
identified in the following Table 2:

               Table 2. -- End-Use Product Registrations Requests for Amendments to Terminate Uses
----------------------------------------------------------------------------------------------------------------
              Company                       Reg. No.                 Product                Uses Canceled
----------------------------------------------------------------------------------------------------------------
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-crop
                                                                                      areas, 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     Celery
 
                                     28293-230               Unicorn 25EC Diazinon   Almonds
 
                                     28293-239               Unicorn Diazinon 14G    Beans, cabbage, celery,
                                                                                      cucumbers, parsley, peas,
                                                                                      peppers, potatoes, squash,
                                                                                      sweet potatoes, swiss
                                                                                      chard, and turnips.
----------------------------------------------------------------------------------------------------------------
 

[[Page 48459]]

 
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 14G            Beans, parsley, peppers,
                                                                                      potatoes (Irish), 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.
----------------------------------------------------------------------------------------------------------------

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 the List, and all other uses (including specific outdoor non-
agricultural uses) identified for deletion in the August 1 Diazinon 
6(f) notice. Accordingly, the Agency orders that the diazinon end-use 
product registrations identified in Table 1 are hereby canceled. The 
Agency also orders that all of the uses identified in the List, and all 
other uses (including specific outdoor non-agricultural uses) 
identified for deletion in Table 2 are hereby canceled from the end-use 
product registrations identified in Table 2. Any distribution, sale, or 
use of existing stocks of the products identified in Tables 1 and 2 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 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 the List will not be lawful 
under FIFRA 1 year after the effective date of the cancellation order, 
except for the purposes of shipping such stocks for export consistent 
with section 17 of FIFRA or for proper disposal. 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 the List 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, except for the purposes of shipping such stocks for 
export consistent with section 17 of FIFRA or for proper disposal. 
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, except for the purposes of shipping such stocks 
for export consistent with section 17 of FIFRA or for proper disposal.
    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, except for the 
purposes of shipping such stocks for export consistent with section 17 
of FIFRA or for proper disposal.
    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.

Lists of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.

    Dated: September 7, 2001.

Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-23460 Filed 9-19-01; 8:45 a.m.]
BILLING CODE 6560-50-S