[Federal Register Volume 67, Number 236 (Monday, December 9, 2002)]
[Notices]
[Pages 72943-72946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31013]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0312; FRL-7280-7]


Diazinon; End-Use Products Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order for the product 
and use cancellations as requested by companies (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 September 11, 2002, notice of receipt from the EUP Registrants, 
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 
September 11, 2002 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 specific to these cancellations. 
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 of the existing stocks provisions of this 
cancellation order.

DATES: The cancellations are effective December 9, 2002.

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 20460-0001, telephone number: (703) 305-5776; 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 Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0312. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may

[[Page 72944]]

be available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

II. Receipt of Requests to Cancel and Amend Registrations to Delete 
Uses.

A. Background

    Certain registrants requested in letters dated December 2001, and 
January, February, March, April, May, June, and July 2002 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 EUP registrations with 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 September 11, 
2002 (67 FR 57589), (FRL-7197-8).
    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 -- 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, 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).
    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 List 1.

B. Requests for Voluntary Cancellation of End-Use Products

    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
------------------------------------------------------------------------
                                  EPA Registration
            Company                               Product
------------------------------------------------------------------------
Farnam Companies, Inc.           270-282             Diazinon 2EC
-----------------------------------------------------
Prentiss Inc.                    655-457             Prentox Diazinon 4E
                                 655-462...........   Insecticide
                                 655-519...........  Prentox Diazinon 4S
                                                      Insecticide
                                                     Prentox Liquid
                                                      Household Spray
                                                      1
-----------------------------------------------------
Universal Cooperatives, Inc.     1386-573            Diazinon
                                 1386-651..........   Emulsifiable Lawn
                                                      and Garden
                                                      Insecticide
                                                     Security Brand 2%
                                                      Diazinon Granules
                                                      Lawn Insect
                                                      Control
-----------------------------------------------------
Virbac AH, Inc.                  2382-168            Diazinon-
                                 2382-171..........   Pyriproxyfen
                                 2382-172..........   Collar for Dogs
                                                      and Puppies 1
                                                     Diazinon-
                                                      Pyriproxyfen
                                                      Collar for Dogs
                                                      and Puppies 3
                                                     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
-----------------------------------------------------
US Marketing Distributors        6409-14             Professional Do it
                                                      Yourself
                                                      Exterminator's Kit
                                                      Formula 400
-----------------------------------------------------
Voluntary Purchasing Group,      7401-67             Ferti-Lome Rose
 Inc.                                                 Spray Containing
                                                      Diazinon &
                                                      Daconil.
-----------------------------------------------------
Earth Care/Division of United    8660-101            Vertagreen 5%
 Industries Corp.                8660-115..........   Diazinon
                                 8660-106..........   Insecticide
                                                     Vertagreen Diazion
                                                      Pre-Weed
                                                     Vertagreen Diazinon
                                                      Pre-Weed Plus
-----------------------------------------------------
The Andersons Lawn Fertilizer    9198-189            Proturf Insecticide
 Division                                             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 & Sheep
                                                      Insecticide
-----------------------------------------------------

[[Page 72945]]

 
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 &
                                                      Tick Collar For
                                                      Dogs
------------------------------------------------------------------------

    EPA did not receive any substantive comments that would merit 
further review expressing a need of diazinon products for indoor use. 
Accordingly, the Agency is issuing an order in this notice canceling 
the registrations identified in Table 1, as requested by the EUP 
registrants.

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

    Pursuant to section 6(f)(1)(A) of FIFRA, many EUP Registrants 
submitted requests to amend a number of their diazinon end-use product 
registrations to terminate the uses identified in List 1 of this notice 
or any other uses as specified for each product in the September 13, 
2001, Diazinon 6(f) Notice and reiterated in Table 2 below. EPA did not 
receive any comments expressing a need for any of the canceled uses. 
The registrations for which amendments to terminate specific uses were 
requested are identified in the following Table 2:

       Table 2.-- End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
                                   EPA Registration    Product Name: Use
             Company                              Deletions
------------------------------------------------------------------------
 Dragon Chemical Corp.            16-119              Dragon 5% Diazinon
                                  16-157............   Granules: Celery.
                                  16-166............  Diazinon 25%
                                                       Diazinon Spray:
                                                       Almonds
                                                      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
                                  1386-648..........   (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
                                                      5% Diazinon Insect
                                                       Killer Granules:
                                                       Celery
------------------------------------------------------
Knox Fertilizer Co. Inc.          8378-32              Shaw's 5%
                                                       Diazinon Insect
                                                       Granules: Celery
------------------------------------------------------------------------

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of diazinon product and use registrations 
identified in Tables 1 and 2 of this 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 List 1 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 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, 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 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, 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

[[Page 72946]]

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 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 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 22, 2002.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 02-31013 Filed 12-6-02; 8:45am]
BILLING CODE 6560-50-S