[Federal Register Volume 68, Number 133 (Friday, July 11, 2003)]
[Notices]
[Pages 41341-41343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17512]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0189; FRL-7310-2]


Diazinon; Notice of Requests to Voluntarily Cancel Certain 
Pesticide Products

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 requests by Drexel Chemical Company and Makhteshim Chemical 
Works, Ltd. to voluntarily cancel the registrations for all of their 
outdoor non-agricultural manufacturing-use products containing diazinon 
and a request by Walla Walla Environmental, Inc. to cancel one of its 
outdoor non-agricultural end-use products containing diazinon [O,O-
Diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate]. The 
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 cancellation of the outdoor non-agricultural manufacturing-use 
products will be effective upon issuance of the cancellation order, 
after the comment period, and that the cancellation of the outdoor non-
agricultural end-use product will be effective August 31, 2003. The 
Agency requests public comment on these voluntary cancellation 
requests, and is providing a 30-day comment period.

DATES: Comments on the requested registration cancellations must be 
submitted to the address provided below and identified by docket ID 
number OPP-2003-0189. Comments must be received on or before August 11, 
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-2003-0189. 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 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 
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 requests made by Drexel Chemical Co. and 
Makhteshim Chemical Works, Ltd. to voluntarily cancel registrations for 
all of their outdoor non-agricultural manufacturing-use products 
containing diazinon and a request by Walla Walla Environmental, Inc. to 
cancel one of its outdoor non-agricultural end-use products containing 
diazinon. These registrations are listed in sequence by

[[Page 41342]]

registration number in Table 1 of this unit.

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 the December 5, 2000 MOA between the technical registrants of 
diazinon and the EPA, as well as a February 14, 2001 letter from Drexel 
Chemical Co., both Makhteshim Chemical Works, Ltd. and Drexel Chemical 
Co. requested, under FIFRA section 6(f), that EPA cancel, effective as 
of June 30, 2003, the registrations of all diazinon manufacturing-use 
products permitting formulation for outdoor non-agricultural use. In a 
June 5, 2003 letter, Walla Walla Environmental, Inc. requested, under 
FIFRA section 6(f), that EPA cancel, effective August 31, 2003, the 
registration of one outdoor non-agricultural end-use product. 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.
    The Reregistration Eligibilty Decision (RED) document summarizes 
the findings of EPA's reregistration process for individual chemical 
cases, and reflects the Agency's decision on risk assessment and risk 
management for uses of individual pesticides. Diazinon belongs to a 
group of pesticides known as organophosphates (OPs). EPA has issued the 
Interim RED 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. 
Makhteshim Chemical Works, Ltd., Drexel Chemical Co., and Walla Walla 
Environmental, Inc. have requested a waiver of the comment period. The 
EPA will therefore apply a 30-day comment period.

     Table 1.--Registrations with Pending Requests for Cancellation
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        Registration No.             Product name        Chemical name
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11678-62                          Diazol Diazinon     Diazinon
                                   Technical
                                   Stabilized HG
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11678-64                          Diazol Diazinon     Diazinon
                                   Stabilized Oil
                                   Concentrate HG
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19713-524                         Drexel Diazinon     Diazinon
                                   Technical HG
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47332-4                           CPF-2D Insecticide  Diazinon
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    Unless the Agency determines that there are substantive comments 
that warrant further review of these requests, an order will be issued 
canceling all of these registrations.
    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number:

         Table 2.--Registrants Requesting Voluntary Cancellation
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            EPA Company No.                  Company name and address
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11678                                    Makhteshim Chemical Works, Ltd.
                                          551 Fifth Avenue, Suite 1100
                                          New York, NY 10176
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19713                                    Drexel Chemical Co., 1700
                                          Channel Avenue P.O. Box 13327
                                          Memphis, TN 38113
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47332                                    Walla Walla Environmental,
                                          Inc., P.O. Box 1298, Walla
                                          Walla, WA 99362
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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.
    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. In a 2000 MOA between the EPA and the technical 
registrants of diazinon, the involved parties agreed to the following 
existing stocks provisions for outdoor non-agricultural manufacturing-
use and end-use products:

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 
referenced in this Notice (EPA Reg. No. 11678-62, 11678-64, and 19713-
524) will not be lawful after the effective cancellation date, 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 referenced in this Notice for 
formulation into any other product labeled for outdoor non-agricultural 
use will not be lawful under FIFRA after the effective date of the 
cancellation order.
    The effective date of the cancellation order is intended to be 
immediate for the products listed in Table 1; however, EPA will 
consider any comments received within 30 days of publication of this 
Notice in the Federal Register prior to canceling the affected 
registrations.

B. Outdoor Non-Agricultural End-Use Products

    1. Distribution or sale by Registrant. The distribution, sale, or 
use of existing stocks by Walla Walla Environmental, Inc. of the end-
use product referenced in this Notice (EPA Reg. No. 47332-4)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 Walla Walla Environmental, 
Inc. will be

[[Page 41343]]

prohibited after December 31, 2004, except for purposes of product 
recovery pursuant to the 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.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: June 25, 2003.
Richard P. Keigwin, Jr.,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-17512 Filed 7-10-03; 8:45 am]
BILLING CODE 6560-50-S