[Federal Register Volume 68, Number 204 (Wednesday, October 22, 2003)]
[Notices]
[Pages 60369-60371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26413]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0347; FRL-7324-4]


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 Drexel Chemical Company and Makhteshim 
Chemical Works, Limited, for all of their outdoor non-agricultural 
manufacturing-use products containing diazinon [O,O-diethyl O-(2-
ispropyl-6-methyl-4-pyrimidinyl) phosphorthioate], and as requested by 
Walla Walla Environmental, Incorporated, for its only outdoor non-
agricultural end-use product containing diazinon. This order follows up 
a July 11, 2003 notice of receipt of requests from the three companies 
for cancellations of the above named product registrations. In the July 
11, 2003 notice, EPA indicated that it would issue an order granting 
the voluntary product registration cancellations, unless the Agency 
received substantive comments within

[[Page 60370]]

the comment period that would merit its further review of these 
requests. The Agency did not receive any comments specific to these 
requested 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: This cancellation order is 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-2003-0347. 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 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 Drexel Chemical 
Company and Makhteshim Chemical Works, Limited of all of their diazinon 
outdoor non-agricultural manufacturing-use products registered under 
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), and cancellation, as requested by Walla Walla Environmental, 
Incorporated, of its only diazinon outdoor non-agricultural end-use 
product. These registrations are listed in ascending sequence by 
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 United States. It is used for outdoor 
non-agricultural, as well as agricultural, pest control.
    Under the December 5, 2000, Memorandum of Agreement between the 
technical registrants of diazinon and EPA, as well as a February 14, 
2001 letter, from Drexel Chemical Company, both Makhteshim Chemical 
Works, Limited and Drexel Chemical Company 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. These requests were 
contingent upon EPA's granting of certain existing stocks provisions, 
which are set forth in Unit V. of this notice. In a June 5, 2003 
letter, Walla Walla Environmental, Incorporated requested, under FIFRA 
section 6(f), that EPA cancel the registration of its only diazinon 
outdoor non-agricultural end-use product. EPA announced its receipt of 
the above-mentioned cancellation requests in a Federal Register notice 
dated July 11, 2003 (FRL-7310-2).

     Table 1.--Registrations with Pending Requests for Cancellation
 
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       Registration number           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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[[Page 60371]]

    Table 2 of this unit includes the names and addresses of records 
for all registrants of the products in Table 1 of this unit, in 
ascending sequence by EPA company number:

         Table 2.--Registrants Requesting Voluntary Cancellation
 
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            EPA company number                Company name and address
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11678                                       Makhteshim Chemical Works,
                                             Limited, 551 Fifth Avenue,
                                             Suite 1100, New York, NY
                                             10176
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19713                                       Drexel Chemical Company,
                                             1700 Channel Avenue, P.O.
                                             Box 13327, Memphis, TN
                                             38113
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47332                                       Walla Walla Environmental,
                                             Incorporated, P.O. Box
                                             1298, Walla Walla, WA 99362
 
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III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA hereby approves the 
requested cancellations of diazinon product registrations identified in 
Table 1 of this notice. Accordingly, the Agency orders that the 
diazinon product registrations identified in Table 1 are hereby 
canceled. Any distribution, sale, or use of existing stocks of these 
products in a manner inconsistent with any of the provisions for 
disposition of existing stocks set forth below in Unit V. of this 
notice 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 
referenced in this notice (EPA Reg. No. 11678-62, 11678-64, and 19713-
524) is no longer lawful, 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 is no 
longer lawful under FIFRA.
    The effective date of the cancellation order is intended to be 
immediate for the outdoor non-agricultural products listed in Table 1 
(EPA Reg. No. 11678-62, 11678-64, 19713-524, and 47332-4).

B. Outdoor Non-Agricultural End-Use Products

    1. Distribution or sale by registrant. The distribution or sale of 
existing stocks by Walla Walla Environmental, Incorporated, of the end-
use product referenced in this notice (EPA Reg. No. 47332-4) is no 
longer lawful under FIFRA, 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, 
Incorporated, will be prohibited after December 31, 2004, except for 
purposes of product recovery pursuant to the 2000 Memorandum of 
Agreement, 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: September 29, 2003.
 Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-26413 Filed 10-21-03; 8:45 am]
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