[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Notices]
[Pages 57589-57593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22989]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0196; FRL-7197-8]


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 December 2001, and January, February, March, April, 
May, June, and July 2002. EPA intends to grant these requests by 
issuing a cancellation order at the close of the comment period for

[[Page 57590]]

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 ID number OPP-2002-0196. 
Comments must be received on or before October 11, 2002.

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 ID number 
OPP-2002-0196 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Laura Parsons, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-5776; 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 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 ID number OPP-2002-0196. 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 ID number OPP-2002-0196 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/
8.0/9.0 or ASCII file format. All comments in electronic form must be 
identified by docket ID number OPP-2002-0196. 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.

[[Page 57591]]

    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 
ID 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

    Certain registrants requested in letters dated June, August, and 
September 2001, that their diazinon registrations be amended to delete 
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, other diazinon end-use registrants 
requested voluntary cancellation of their diazinon end-use 
registrations with indoor use and/or certain outdoor non-agricultural 
uses, and any other uses that the registrants do not 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. The indoor uses and 
agricultural uses subject to cancellation are identified in List 1 
below:
List 1--Uses to be Canceled
    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 but not limited to food/
feed handling establishments, greenhouses, schools, residences, 
commercial buildings, 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 (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.
    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

    The registrants and end-use product registrations containing 
diazinon for which cancellation was requested are identified in the 
following Table 1.

      Table 1.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
             Company               Registration No.         Product
------------------------------------------------------------------------
Farnam Companies, Inc.            270-282             Diazinon 2EC
------------------------------------------------------------------------
Prentiss Inc.                     655-457             Prentox Diazinon
                                                       4E Insecticide
                                  655-462             Prentox Diazinon
                                                       4S Insecticide
                                  655-519             Prentox Liquid
                                                       Household Spray
                                                       1
------------------------------------------------------------------------
Universal Cooperatives, Inc.      1386-573            Diazinon
                                                       Emulsifiable Lawn
                                                       and Garden
                                                       Insecticide
                                  1386-651            Security Brand 2%
                                                       Diazinon Granules
                                                       Lawn Insect
                                                       Control
------------------------------------------------------------------------
Virbac AH, Inc.                   2382-168            Diazinon-
                                                       Pyriproxyfen
                                                       Collar for Dogs
                                                       and Puppies
                                                       1
                                  2382-171            Diazinon-
                                                       Pyriproxyfen
                                                       Collar for Dogs
                                                       and Puppies
                                                       3
                                  2382-172            Diazinon-
                                                       Pyriproxyfen
                                                       Collar for Dogs
                                                       and Puppies
                                                       2
------------------------------------------------------------------------
ABC Compounding, Inc.             3862-71             Drop Dead Insect
                                                       Spray
------------------------------------------------------------------------
Cerexagri, Inc.                   4581-335            Knox Out 2 FM
------------------------------------------------------------------------
Amvac Chemical Corp.              5481-224            Diazinon 4E
                                  5481-241            Alco Housing
                                                       Authority Roach
                                                       Concentrate
------------------------------------------------------------------------
U.S. Marketing Distributors       6409-14             Professional Do it
                                                       Yourself
                                                       Exterminator's
                                                       Kit Formula 400
------------------------------------------------------------------------
Voluntary Purchasing Group Inc.   7401-67             Ferti-Lome Rose
                                                       Spray Containing
                                                       Diazinon and
                                                       Daconil
------------------------------------------------------------------------

[[Page 57592]]

 
Earth Care/Division of United     8660-101            Vertagreen 5%
 Industries Corp.                                      Diazinon
                                                       Insecticide
                                  8660-106            Vertagreen Diazion
                                                       Pre-Weed
                                  8660-115            Vertagreen
                                                       Diazinon Pre-Weed
                                                       Plus
------------------------------------------------------------------------
The Andersons Lawn Fertilizer     9198-189            Proturf
 Division                                              Insecticide One
------------------------------------------------------------------------
Waterbury Companies, Inc.         9444-89             CB Aqueous
                                                       Residual
                                                       Insecticide
------------------------------------------------------------------------
Athea Laboratories, Inc.          10088-71            Roach and Ant
                                                       Killer
------------------------------------------------------------------------
Verpas Products, Inc.             13926-6             Diaciclon F-5
------------------------------------------------------------------------
Wagnol Inc.                       33912-1             Wagnol 40 Pest
                                                       Control Spray
                                                       Concentrate
                                                       Contains Diazinon
------------------------------------------------------------------------
T-Tex Corp.                       39039-5             Dryzon WP
                                                       Livestock Premise
                                                       and Sheep
                                                       Insecticide
------------------------------------------------------------------------
Chem-Tech Ltd.                    47000-63            Pressurized
                                                       Household Insect
                                                       Spray Concentrate
                                                       Contains Diazinon
                                                       and DDVP
------------------------------------------------------------------------
Marman USA, Inc.                  48273-25            Marman Diazinon AG
                                                       60 EC
------------------------------------------------------------------------
Control Solutions Inc             53883-58            Martin's Diazinon
                                                       4E Indoor-Outdoor
                                                       Insecticide
------------------------------------------------------------------------
Arkopharma, Inc.                  69607-1             Double Duty Flea
                                                       and Tick Collar
                                                       for Dogs
------------------------------------------------------------------------

    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.
    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 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 registration amendments.

        Table 2.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
                                                       Product Name: Use
             Company               Registration No.        Deletions
------------------------------------------------------------------------
Dragon Chemical Corp.             16-119              Dragon 5% Diazinon
                                                       Granules: Celery
                                  16-157              Diazinon 25%
                                                       Diazinon Spray:
                                                       Almonds
                                  16-166              Dragon Diazinon
                                                       Water-Based
                                                       Concentrate:
                                                       Almonds
------------------------------------------------------------------------
Southern Agricultural             829-264             SA-50 Brand 5%
 Insecticides, Inc.                                    Diazinon
                                                       Granules: Celery
------------------------------------------------------------------------
Universal Cooperative, Inc.       1386-599            Diazinon 4 EC
                                                       (AG): Beans,
                                                       cucumbers,
                                                       parsley,
                                                       parsnips, peas,
                                                       peppers, potatoes
                                                      (Irish), squash
                                                       (summer and
                                                       winter), sweet
                                                       potatoes, Swiss
                                                       chard, turnips,
                                                       lawn
                                                      pest control,
                                                       nuisance pests in
                                                       outside areas,
                                                       grassland
                                                       insects, and
                                                       indoor
                                                      ornamentals
                                  1386-648            5% Diazinon Insect
                                                       Killer Granules:
                                                       Celery
------------------------------------------------------------------------
Knox Fertilizer Co. Inc.          8378-32             Shaw's 5% Diazinon
                                                       Insect Granules:
                                                       Celery
------------------------------------------------------------------------


[[Page 57593]]

    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 afore mentioned 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 
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 at 56 FR 29362, of 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 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 1 or 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 1 
or 2 that bears instructions for any of the agricultural uses 
identified in List 1 after the effective date of the cancellation 
order. However, it is lawful to ship such stocks for export consistent 
with the requirements of section 17 of FIFRA, or to properly dispose of 
the existing stocks in accordance with all applicable law.
    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. However, it is 
lawful to ship such stocks for export consistent with the requirements 
of section 17 of FIFRA, or to properly dispose of the existing stocks 
in accordance with all applicable law.
    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 shipping stocks for export 
consistent with the requirements of section 17 of FIFRA, or properly 
disposing of the existing stocks in accordance with all applicable law.
    4. Retail and other distribution or sale of existing stock of 
products for indoor use. The distribution or 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 shipping 
stocks for export consistent with the requirements of section 17 of 
FIFRA, or properly disposing of the existing stocks in accordance with 
all applicable law.
    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: August 29, 2002.
 Susan Lewis,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 02-22989 Filed 9-10-02; 8:45 am]
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