[Federal Register: October 22, 2003 (Volume 68, Number 204)]
[Notices]
[Page 60369-60371]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22oc03-88]
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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: plummer.stephanie@epa.gov.
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]
BILLING CODE 6560-50-S