[Federal Register Volume 72, Number 142 (Wednesday, July 25, 2007)]
[Notices]
[Pages 40874-40876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14331]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0909; FRL-8139-6]


Diazinon; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted

[[Page 40875]]

by the Agency, of a product containing the pesticide diazinon, pursuant 
to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows a 
May 16, 2007 Federal Register Notice of Receipt of Request from the 
diazinon registrant to voluntarily cancel their diazinon granular 
product registration. This is not the last diazinon product registered 
for use in the United States; however this is the last diazinon 
granular formulation registered for use in the United States. In the 
May 16, 2007 Notice, EPA indicated that it would issue an order 
implementing the cancellation to terminate use, unless the Agency 
received substantive comments within the 30-day comment period that 
would merit its further review of these requests, or unless the 
registrant withdrew their request within this period. The Agency 
received a comment on the Notice but none which merited its further 
review of the request. Further, the registrant did not withdraw their 
request. Accordingly, EPA hereby issues in this notice a cancellation 
order granting the requested cancellation. Any distribution, sale, or 
use of the diazinon products subject to this cancellation order is 
permitted only in accordance with the terms of this order, including 
any existing stocks provisions.

DATES: The cancellations are effective July 25, 2007.

FOR FURTHER INFORMATION CONTACT: Jude Andreasen, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-9342; fax 
number: (703) 308-7070; 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, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may 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 a docket for this action under 
docket identification (ID) number EPA-HQ-OPP-2006-0909. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the Office of Pesticide Programs (OPP) Regulatory Public 
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal 
Dr., Arlington, VA. The hours of operation of this Docket Facility are 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The Docket Facility 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.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by 
registrants, of certain agricultural end-use diazinon products 
registered under section 3 of FIFRA. These registrations are listed in 
sequence by registration number in Table 1 of this unit.

                Table 1.--Diazinon Product Cancellations
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           EPA Registration No.                     Product Name
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2935-408                                    Diazinon 14G
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    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 of Cancelled Diazinon Products
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              EPA Company No.                 Company Name and Address
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2935                                         Wilbur-EllisP.O. Box
                                             1286Fresno, CA 93715
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III. Summary of Public Comments Received and Agency Response to 
Comments

    One citizen commented that the Agency should deny the request to 
voluntarily cancel the diazinon registration. The commenter mistakenly 
noted that diazinon still has household uses. All retail sales of 
diazinon products for household use ended on December 31, 2004. The 
commenter also noted that use of diazinon should be tracked by EPA. 
Since all remaining diazinon products are classified as restricted use 
products with only agricultural uses, only certified applicators or 
those under the supervision of a certified applicator may purchase and 
use diazinon products. As such, the Agency believes that diazinon use 
is sufficiently tracked and monitored. For these reasons, the Agency 
does not believe that the comments submitted during the comment period 
merit further review or a denial of the request for voluntary 
cancellation.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of diazinon registrations identified in Table 1 of Unit 
II. Accordingly, the Agency orders that the diazinon product 
registrations identified in Table 1 of Unit II. are hereby canceled. 
Any distribution, sale, or use of existing stocks of the products 
identified in Table 1 of Unit II. in a manner inconsistent with any of 
the Provisions for Disposition of Existing Stocks set forth in Unit VI. 
will be considered a violation of FIFRA.

V. 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 or amended to terminate one or more uses. 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, 
following the public comment period, the Administrator may approve such 
a request.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were 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.
    The registrant will be allowed to sell and distribute the subject 
products through December 2008. In addition, existing stocks of 
diazinon products may be sold or used until they are depleted.

 List of Subjects

    Environmental protection, Pesticides and pests.


[[Page 40876]]


    Dated: July 17, 2007.
 Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E7-14331 Filed 7-24-07; 8:45 am]
BILLING CODE 6560-50-S