[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32501-32503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13436]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0170; FRL-7309-2]


Diazinon; Notice of Receipt of Requests to Voluntarily Cancel 
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of requests by Syngenta Crop Protection, Inc. to 
voluntarily cancel the registrations for all of their products 
containing diazinon, O,O-Diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) 
phosphorothioate. 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. It is EPA's intent that the effective date of the 
cancellation order, as requested by Syngenta, will be June 30, 2003. 
Syngenta's April 8, 2003 cancellation request is contingent upon EPA's 
granting of certain existing stocks provisions, which are set forth in 
this Notice.

DATES: Comments on the requested registration cancellations must be 
submitted to the address provided below and identified by docket ID 
number OPP-2003-0170. Comments must be received on or before June 30, 
2003.

FOR FURTHER INFORMATION CONTACT: Stephanie Plummer, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0076; 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. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, 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-2003-0170. 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. EPA also established two dockets containing documents in 
support of the diazinon IRED. They are dockets OPP-34225 and OPP-2002-
0251. 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

[[Page 32502]]

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 submit or 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 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. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests by Syngenta 
Crop Protection, Inc. to cancel all pesticide products containing 
diazinon that are registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Tables 
1, 2, and 3 of this unit.

 Table 1.--Manufacturing-Use Product Registrations with Pending Requests
                            for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
100-977                         D[middot]z[middot  Diazinon
                                 ]n diazinon MG
                                 56% WBC AG
------------------------------------------------------------------------
100-978                         D[middot]z[middot  Diazinon
                                 ]n diazinon MG
                                 22.4% WBC HG
------------------------------------------------------------------------
100-979                         D[middot]z[middot  Diazinon
                                 ]n diazinon MG
                                 87% HG
------------------------------------------------------------------------
100-980                         D[middot]z[middot  Diazinon
                                 ]n diazinon MG
                                 87% AG
------------------------------------------------------------------------


  Table 2.--Outdoor Non-Agricultural End-Use Product Registrations with
                    Pending Requests for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
100-456                         D[middot]z[middot  Diazinon
                                 ]n Lawn & Garden
                                 Insect Control
------------------------------------------------------------------------
100-468                         D[middot]z[middot  Diazinon
                                 ]n Granular Lawn
                                 Insect Control
------------------------------------------------------------------------
100-528                         D[middot]z[middot  Diazinon
                                 ]n 6000 Lawn &
                                 Garden Insect
                                 Control
------------------------------------------------------------------------
100-770                         D[middot]z[middot  Diazinon
                                 ]n diazinon Lawn
                                 & Garden WBC
------------------------------------------------------------------------
100-926                         D[middot]z[middot  Diazinon
                                 ]n diazinon
                                 Garden Insect
                                 Dust
------------------------------------------------------------------------


   Table 3.-- Agricultural End-Use Product Registrations with Pending
                        Requests for Cancellation
------------------------------------------------------------------------
       Registration No.            Product Name        Chemical Name
------------------------------------------------------------------------
100-460                         D[middot]z[middot  Diazinon
                                 ]n diazinon 50W
------------------------------------------------------------------------
100-461                         D[middot]z[middot  Diazinon
                                 ]n diazinon
                                 AG500
------------------------------------------------------------------------
100-469                         D[middot]z[middot  Diazinon
                                 ]n diazinon 14G
------------------------------------------------------------------------
100-784                         D[middot]z[middot  Diazinon
                                 ]n diazinon
                                 AG600 WBC
------------------------------------------------------------------------

A. Background Information

    Diazinon is an organophosphorous insecticide and is one of the most 
widely used insecticides in the U.S. It is used for outdoor non-
agricultural, as well as agricultural, pest control.
    Under a December 5, 2000 Memorandum of Agreement (MOA) between 
Syngenta Crop Protection, Inc. and EPA, Syngenta requested, under FIFRA 
section 6(f), that EPA cancel, effective as of June 30, 2003, the 
registrations of all of Syngenta's diazinon manufacturing-use products 
which are used in formulation for outdoor non-agricultural use. In the 
MOA, EPA expressed that it would not contemplate permitting sale, 
distribution or use of existing stocks of these outdoor non-
agricultural manufacturing-use products, except for return to the 
registrant for purposes of relabeling for export, or disposal. In a 
letter dated April 8, 2003, Syngenta Crop Protection, Inc. requested a 
voluntary cancellation of all its remaining registrations (agricultural 
uses) for products containing diazinon, to be effective June 30, 2003. 
Syngenta's April 8 request is contingent upon EPA's granting of certain 
existing stocks provisions, which are set forth in Unit IV. of this 
Notice. EPA intends to grant Syngenta's 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.
    The Reregistration Eligibility Decision (RED) document summarizes 
the findings of EPA's reregistration process for individual chemical 
cases, and reflects the Agency's decision on risk

[[Page 32503]]

assessment and risk management for uses of individual pesticides. 
Diazinon belongs to a group of pesticides known as organophosphates 
(OPs). EPA has issued an Interim Reregistration Eligibility Decision 
(IRED) document assessing the risks of exposure from diazinon.

B. Requests for Voluntary Cancellation

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period 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. 
Syngenta requested a waiver of the 180-day comment period. The Agency 
will therefore apply a 30-day comment period.
    Unless the Agency determines that there are substantive comments 
that warrant further review of this request, an order will be issued 
canceling all of these registrations.
    Table 4 of this unit includes the name and address of record for 
the registrant of the products in Tables 1, 2, and 3 of this unit:

         Table 4.--Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
            EPA Company No.                  Company Name and Address
------------------------------------------------------------------------
100                                      Syngenta Crop Protection, Inc,
                                          P.O. Box 18300, Greensboro, NC
                                          27419-8300
------------------------------------------------------------------------

III. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled. FIFRA further provides that, before acting on the request, 
EPA must publish a notice of receipt of any such request in the Federal 
Register. Thereafter, the Administrator may approve such a request.

IV. Provisions for Disposition of Existing Stocks

    The Agency intends to issue a cancellation order following 
consideration of all comments received during the comment period, 
unless the comments warrant further review of this request. Any 
cancellation order issued in response to this request will have an 
expected effective date of June 30, 2003.
    Existing stocks are those stocks of registered pesticide products 
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 action. EPA intends to include the following existing 
stocks provisions in the cancellation order issued pursuant to 
Syngenta's cancellation requests described in this Notice.

A. Outdoor Non-Agricultural Manufacturing-Use Products

    1. Distribution or sale. The distribution or sale of existing 
stocks of any outdoor non-agricultural manufacturing-use product 
identified in Table 1 will not be lawful after June 30, 2003, except 
for the purposes of export consistent with FIFRA section 17 and proper 
disposal in accordance with applicable law.
    2. Use for producing other products. The use of existing stocks of 
any manufacturing-use product identified in Table 1 for formulation 
into any other product labeled for outdoor non-agricultural use will 
not be lawful under FIFRA after June 30, 2003.

B. Outdoor Non-Agricultural End-Use Products

    1. Distribution or sale by registrant. The distribution, sale, or 
use of existing stocks by Syngenta of any product listed in Table 2 in 
Unit II. will not be lawful under FIFRA after August 31, 2003, except 
for purposes of shipping such stocks for export consistent with the 
requirements of FIFRA section 17 or proper disposal in accordance with 
applicable law.
    2. Retail and other distribution or sale. The distribution or sale 
of existing stocks by persons other than Syngenta will be prohibited 
after December 31, 2004, except for purposes of product recovery 
pursuant to the December 5, 2000 MOA, shipping such stocks for export 
consistent with the requirements of FIFRA section 17, or proper 
disposal in accordance with applicable law.
    3. Use of existing stocks. Use of existing stocks may continue 
until stocks are exhausted. Any such use must be in accordance with the 
label.

C. Agricultural Manufacturing-Use Products

    1. Distribution or sale, or use by registrant. The distribution, 
sale, or use of existing stocks by Syngenta of any manufacturing-use 
product identified in Table 1 in Unit II. for formulation into any 
other product labeled for agricultural use will not be lawful under 
FIFRA after August 31, 2003, except for purposes shipping such stocks 
for export consistent with the requirements of section 17 of FIFRA, or 
proper disposal in accordance with applicable law.
    2. Retail and other distribution, sale, or use. The distribution, 
sale, or use of existing stocks of any manufacturing-use product 
identified in Table 1 in Unit II. for formulation into any other 
product labeled for agricultural use by any person other than Syngenta 
may continue until stocks are exhausted. Any such use must be in 
accordance with the label.

D. Agricultural End-Use Products

    1. Distribution or sale by registrant. The distribution or sale of 
existing stocks by Syngenta of any product listed in Table 3 in Unit 
II. will not be lawful under FIFRA after August 31, 2003 (except for 
purposes of shipping for exports consistent with the requirements of 
FIFRA section 17 or proper disposal in accordance with the applicable 
law).
    2. Retail and other distribution, sale, or use. The distribution, 
sale, or use of existing stocks by any person other than Syngenta may 
continue until stocks are exhausted. Any such use must be in accordance 
with the label.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: May 20, 2003.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 03-13436 Filed 5-29-03; 8:45 am]
BILLING CODE 6560-50-S