[Federal Register Volume 68, Number 170 (Wednesday, September 3, 2003)]
[Notices]
[Pages 52394-52397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22317]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0170; FRL-7320-7]


Diazinon; Product Registrations Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order for the 
cancellations, as requested by Syngenta Crop Protection, Inc., of all 
of Syngenta's registrations for products containing diazinon (O,O-
Diethyl O-(2-isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate) and 
accepted by EPA, pursuant to section 6(f) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA). This order follows up a May 30, 
2003 Notice of Receipt of Requests from Syngenta for cancellations of 
all of Syngenta's diazinon product registrations. In the May 30, 2003 
Notice, EPA indicated that it would issue an order granting the 
voluntary product registration cancellations, unless the Agency 
received substantive comments within the comment period that would 
merit its further review of these requests. The Agency received one set 
of comments, which were in support of the cancellation requests. 
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 immediately.

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

[[Page 52395]]

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 cancellation, as requested by Syngenta, of 
all of Syngenta's diazinon products registered under section 3 of 
FIFRA. These registrations are listed in sequence by registration 
number in Tables 1, 2, and 3 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 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 
permitting 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 re-labeling for export or disposal. In a 
letter dated April 8, 2003, Syngenta Crop Protection, Inc. requested a 
voluntary cancellation of all its remaining registrations for products 
containing diazinon, to be effective June 30, 2003. The request applied 
to outdoor non-agricultural end-use products and agricultural products. 
The request is contingent upon EPA's granting of certain existing 
stocks provisions, which are set forth in Unit V. EPA announced its 
receipt of the above-mentioned cancellation requests in a Federal 
Register Notice dated May 30, 2003 (68 FR 32501) (FRL-7309-2).
    Syngenta's April 8, 2003 request for cancellations is consistent 
with the December 5, 2000 MOA. EPA has approved both the December 5, 
2000 and the April 8, 2003 requests to terminate registrations for all 
of Syngenta's diazinon products and has published its cancellation 
order in this Notice. All of Syngenta's diazinon products subject to 
cancellation, which include outdoor non-agricultural and agricultural 
product registrations, are identified in Tables 1, 2, and 3 of this 
unit.
    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 assessment and risk 
management for uses of the individual pesticides known as 
organophosphates (OPs). EPA has issued an Interim Reregistration 
Eligibility Decision (IRED) document assessing the risks of exposure 
from agricultural uses of diazinon.

B. Requests for Voluntary Cancellations

    The manufacturing-use product registrations for which cancellation 
was requested are identified below in Table 1. The end-use product 
registrations for which cancellation was requested are identified below 
in Tables 2 and 3. EPA did not receive any substantive comments 
regarding these product registrations. Accordingly, the Agency has 
issued an order in this notice canceling the registrations identified 
in Tables 1, 2, and 3.

 Table 1.--Manufacturing-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
       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 Registration
                          Cancellation Requests
------------------------------------------------------------------------
       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
------------------------------------------------------------------------

[[Page 52396]]

 
100-926                         D[middot]z[middot  Diazinon
                                 ]n diazinon
                                 Garden Insect
                                 Dust
------------------------------------------------------------------------


    Table 3.--Agricultural End-Use Product Registration Cancellation
                                Requests
------------------------------------------------------------------------
       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
------------------------------------------------------------------------

    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. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of diazinon product registrations identified in 
Tables 1, 2, and 3 in Unit II. Accordingly, the Agency orders that the 
diazinon manufacturing-use product registrations identified in Table 1 
in Unit II., as well as the end-use product registrations listed in 
Tables 2 and 3 in Unit II., are hereby canceled. Any distribution, 
sale, or use of existing stocks of the products identified in Tables 1, 
2, and 3 in Unit II. in a manner inconsistent with any of the 
Provisions for Disposition of Existing Stocks set forth below in Unit 
V. will be considered a violation of FIFRA.

IV. 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.

V. Provisions for Disposition of Existing Stocks

    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. The cancellation order issued in this Notice 
includes the following existing stocks provisions.

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 in Unit II. is no longer lawful under FIFRA, 
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 in Unit II. for 
formulation into any other product labeled for outdoor non-agricultural 
use is no longer lawful under FIFRA.

B. Outdoor Non-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 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 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 of 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

[[Page 52397]]

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: August 20, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 03-22317 Filed 9-2-03; 8:45 am]
BILLING CODE 6560-50-S