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diazinon (D.Z.N., Spectracide)
Receipt of Requests for Amendments and Cancellations 12/01

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225F; FRL-6812-6]


Diazinon; Receipt of Requests for Amendments and Cancellations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Several companies that manufacture diazinon (O,O-diethyl O-(2-
isopropyl-6-methyl-4-pyrimidinyl) phosphorothioate) pesticide products

[[Page 588]]

have asked EPA to cancel or amend the registrations for their end-use
products containing diazinon to delete all indoor uses, certain
agricultural uses and certain outdoor non-agricultural uses. Pursuant
to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is announcing the Agency's receipt of
these requests. These requests for voluntary termination of the above
mentioned uses through registration cancellations or amendments were
submitted to EPA in July, August, September, and October 2001. 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. Upon the issuance of the
cancellation order, any distribution, sale, or use of diazinon products
listed in this Notice will only be permitted if such distribution,
sale, or use is consistent with the terms of that order.

DATES: Comments on the requested amendments to delete uses and the
requested registration cancellations must be submitted to the address
provided below and identified by docket control number OPP-34225F.
Comments must be received on or before February 4, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper
receipt by EPA, it is imperative that you identify docket control
number OPP-34225F in the subject line on the first page of your
response.

FOR FURTHER INFORMATION CONTACT: John Hebert, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 703-308-6249; fax number: 703-
308-7042; e-mail address: hebert.john@epa.gov.

SUPPLEMENTARY INFORMATION: This announcement consists of three parts.
The first part contains general information. The second part addresses
the registrants' requests for registration cancellations and amendments
to delete uses. The third part proposes existing stocks provisions that
will be set forth in the cancellation order that the Agency intends to
issue at the close of the comment period for this announcement.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You may be
potentially affected by this action if you manufacture, sell,
distribute, or use diazinon products. The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, does not apply because this action is
not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may
also 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 Additional Information, Including Copies of this
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under the
``Federal Register--Environmental Documents.'' You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/. To
access information about the risk assessment for diazinon, go to the
Home Page for the Office of Pesticide Programs or go directly to http:/
/www.epa.gov/pesticides/op/diazinon.htm.
    2. In person. The Agency has established an official record for
this action under docket control number OPP-34225F. The official record
consists of the documents specifically referenced in this action, any
public comments received during an applicable comment period, and other
information related to this action, including any information claimed
as Confidential Business Information (CBI). This official record
includes the documents that are physically located in the docket, as
well as the documents that are referenced in those documents. The
public version of the official record does not include any information
claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-34225F in the subject line on
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by
e-mail to: opp-docket@epa.gov, or you can submit a computer disk as
described above. Do not submit any information electronically that you
consider to be CBI. Avoid the use of special characters and any form of
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be
identified by docket control number OPP-34225F. Electronic comments may
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public
version of the official record. Information not marked confidential
will be included in the public version of the official record without
prior notice. If you have any questions about CBI or the procedures for
claiming CBI, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection
activity.
    7. Make sure to submit your comments by the deadline in this
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket
control number assigned to this action in the subject line on the first
page of your response. You may also provide the name, date, and Federal
Register citation.

II. Receipt of Requests to Cancel and Amend Registrations to Delete
Uses

A. Background

    Certain registrants requested in letters dated June, August, and
September 2001, that their diazinon registrations be amended to delete
all indoor uses, certain agricultural uses, and any other uses that the
registrants do not wish to maintain. The requests also included
deletions of outdoor non-agricultural uses from the labeling of certain
end-use products so that such products would be labeled for
agricultural uses only. Similarly, other diazinon end-use registrants
requested voluntary cancellation of their diazinon end-use
registrations with indoor use and/or certain outdoor non-agricultural
uses, and any other uses that the registrants do not wish to maintain.
Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is announcing the Agency's receipt of
these requests. These requested cancellations and amendments are
consistent with the requests in December 2000 by the manufacturers of
diazinon technical products, and EPA's approval of such requests, to
terminate all indoor uses and certain agricultural uses from their
diazinon product registrations because of EPA's concern with the
potential exposure risk, especially to children. The indoor uses and
agricultural uses subject to cancellation are identified in List 1
below:
List 1--Uses to be Canceled
    Indoor uses: Pet collars, or inside any structure or vehicle,
vessel, or aircraft or any enclosed area, and/or on any contents
therein (except mushroom houses), including but not limited to food/
feed handling establishments, greenhouses, schools, residences,
commercial buildings, museums, sports facilities, stores, warehouses
and hospitals.
    Agricultural uses: Alfalfa, bananas*, Bermuda grass, dried beans,
dried peas, celery*, red chicory (radicchio), citrus, clover, coffee,
cotton, cowpeas, cucumbers*, dandelions, forestry (ground squirrel/
rodent burrow dust stations for public health use)*, kiwi, lespedeza,
parsley*, parsnips*, pastures, peppers*, potatoes (Irish and sweet)*,
sheep, sorghum, squash (winter and summer)*, rangeland, Swiss chard*,
tobacco, and turnips (roots and tops)*. (The Agency does not intend to
disapprove or cancel any 24(c) Special Local Need registrations issued
for the uses designated with an asterisk).
    As mentioned above, the requests announced in this Federal Register
notice also include registration cancellations and/or amendments to
terminate certain uses that the registrants do not wish to maintain.
The specific requests are identified in Tables 1 and 2 of this notice.
    EPA has begun the process of reviewing the requested amendments
which cannot be finalized until the end of the public comment period
and provided that no substantial comments need to be addressed. EPA
also intends to grant the requested product and use cancellations 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.

B. Requests for Voluntary Cancellation of End-Use Products

    The registrants and end-use product registrations containing
diazinon for which cancellation was requested are identified in the
following Table 1.

      Table 1.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
                                    Registration
            Company                    Number              Product
------------------------------------------------------------------------
Bonide Products, Inc.            4-191              Bonide Lawn and
                                 4-204............   Garden Insect
                                 4-209............   Control with
                                 4-272............   Diazinon 25% EC
                                 4-284............  Bonide Ant Dust with
                                 4-359............   Diazinon
                                 4-411............  Bonide Diazinon 2 1/
                                 4-416............   2 G
                                 4-417............  Bonide Diazinon Soil
                                                     Insect Granules
                                                    Bonide Garden Soil
                                                     Insecticide
                                                     Diazinon 5% G
                                                    Bonide Diazinon 4E
                                                     Insecticide
                                                    Bonide Diazinon
                                                     Insect Control
                                                     Ready-To-Use
                                                    Bonide Lawn and
                                                     Garden Spray with
                                                     Diazinon
                                                    Bonide Ant and Soil
                                                     Insect Granules
------------------------------------------------------------------------
The Scotts Company               239-2350           Ortho Fruit and
                                 239-2602.........   Vegetable Insect
                                 239-2659.........   Control
                                 239-2660.........  Ortho Home Pest
                                                     Insect Killer
                                                     Formula II
                                                    Ortho Diazinon Reacy
                                                     Spray Insect Killer
                                                    Ortho Diazinon
                                                     Lock'n Spray Insect
                                                     Killer
------------------------------------------------------------------------
Value Garden Supply, LLC         769-509            Diazinon 4-E
------------------------------------------------------------------------
Southern Agricultural            829-261            SA-50 Brand Diazinon
 Insecticides, Inc.                                  4E Insecticide
------------------------------------------------------------------------

Agriliance                       1381-151           Imperial 5% Diazinon
                                 1381-164.........   Granular Insect
                                                     Control
                                                    Agrox DL Plus
------------------------------------------------------------------------
Voluntary Purchasing Groups,     7401-86            Ferti-lome
 Inc.                            7401-96..........   Worm Spray
                                 7401-99..........  Ferti-lome
                                 7401-102.........   Lawn Insect Killer
                                 7401-103.........  Ferti-lome
                                 7401-104.........   Special Cricket
                                 7401-105.........   Spray
                                 7401-110.........  Ferti-lome
                                 7401-214.........   Bagworm Spray
                                 7401-223.........  Ferti-lome
                                 7401-236.........   Diazinon Chinch Bug
                                 7401-262.........   Spray
                                 7401-277.........  Ferti-lome
                                 7401-278.........   Vegetable Spray
                                 7401-295.........  Ferti-lome
                                 7401-442.........   Aphid Spray
                                                    Ferti-lome
                                                     Liquid Rose Spray
                                                    Ferti-lome
                                                     Improved Rose Dust
                                                    Ferti-lome
                                                     White Grub Spray
                                                    Ferti-lome
                                                     White Grub Killer
                                                    Ferti-lome
                                                     Lawn Food
                                                     Containing Diazinon
                                                    Ferti-lome
                                                     Wasp and Hornet
                                                     Killer
                                                    Ferti-lome
                                                     Ant and Roach Spray
                                                    Ferti-lome
                                                     Garden Dust
                                                    Hi-Yield Diazinon 4E
                                                     Insect Spray
------------------------------------------------------------------------
Gowan Company                    10163-68           Prokil Diazinon 4EC
                                 10163-103........  Gowan Diazinon 50WP
------------------------------------------------------------------------
Lesco                            10404-11           Diazinon 500
                                                     Insecticide
------------------------------------------------------------------------
Platte Chemical Co.              34707-229          Clean Drop Diazinon
                                 34704-288........   4E
                                                    Clean Drop Diazinon
                                                     Seed Protectant
------------------------------------------------------------------------
Hi-Yield Chemical Company        34911-3            Hi-Yield
                                 34911-14.........   Diazinon Insect
                                 34911-15.........   Spray
                                 34911-22.........  Hi-Yield
                                 34911-24.........   Diazinon Dust
                                                    Hi-Yield
                                                     Ready-to-Use
                                                     Professional Kill-A-
                                                     Bug
                                                    Hi-Yield
                                                     General Purpose
                                                     Garden Dust
                                                    Hi-Yield
                                                     Imported Fire Ant
                                                     Killer
------------------------------------------------------------------------
Control Solutions Inc.           53883-47           Martin's Diazinon
                                                     Household Insect
                                                     Spray Ready to Use
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that EPA cancel any of their pesticide registrations. Section
6(f)(1)(B) of FIFRA requires that EPA provide a 30-day period in which
the public may comment before the Agency may act 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.
In this case, all of the registrants have requested that EPA waive the
180-day comment period. In light of this request, EPA is granting the
request to waive the 180-day comment period and is providing a 30-day
public comment period before taking action on the requested
cancellations. Because of risk concerns posed by certain uses of
diazinon, EPA intends to grant the requested cancellations at the close
of the comment period for this announcement unless the Agency receives
any substantive comment within the comment period that would merit its
further review of these requests.

C. Requests for Voluntary Amendments to Delete Uses From the
Registrations of End-Use Products

    Pursuant to section 6(f)(1)(A) of FIFRA, the following companies
have submitted a request to amend the registrations of their pesticide
end-use products containing diazinon to delete certain uses from
certain products. The following Table 2 identifies the registrants, the
product registrations that they wish to amend, and the uses that they
wish to delete through registration amendments.

        Table 2.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
                                    Registration      Product Name: Use
            Company                    Number             Deletions
------------------------------------------------------------------------
Value Garden Supply, LLC         192-161            Dexol Diazinon 5%
                                                     Granules: Celery
------------------------------------------------------------------------
Riverdale                        228-177            Riverdale 5%
                                                     Diazinon Insect
                                                     Killer Granules
------------------------------------------------------------------------
The Scotts Company               239-2364           Ortho Diazinon
                                 239-2619.........   Insect Spray:
                                 239-2643.........   Almonds
                                                    Ortho Hi-Power Ant,
                                                     Roach, and Spider
                                                     Spray Formula II:
                                                     Indoor Uses
                                                    Diazinon Insect
                                                     Spray 2: Almonds
------------------------------------------------------------------------
Value Garden Supply, LLC         769-689            SMCP Diazinon AG500:
                                                     Lawn Pest Control,
                                                     Nuisance Pests in
                                                     Outside Areas, and
                                                     Barrier Strips

                                 769-841            Miller Diazinon AG
                                                     Insecticide: Field
                                                     and Forage Uses,
                                                     Mushroom Houses,
                                                     Olives, Figs,
                                                     Filberts and
                                                     Pineapples
                                 769-954            AllPro Diazinon 50
                                                     WP Insecticide:
                                                     Lawn Uses, Nuisance
                                                     Pests, and
                                                     Grassland Pests
------------------------------------------------------------------------
Voluntary Purchasing Groups,     7401-213           Hi-Yield Diazinon
 Inc.                                                AG500 Insecticide:
                                                     Almonds, celery,
                                                     cucumbers, parsley,
                                                     parsnips, peppers,
                                                     potatoes (Irish),
                                                     squash (summer and
                                                     winter), sweet
                                                     potatoes, swiss
                                                     chard, turnips,
                                                     grassland insects,
                                                     and lawn pest
                                                     control
                                 7401-216           Ferti-lome
                                                     Diazinon Insect
                                                     Spray: Almonds
                                 7401-441           Ferti-lome
                                                     Diazinon Water Base
                                                     Concentrate:
                                                     Almonds
------------------------------------------------------------------------
Gowan Company                    10163-100          Diazinon 4E: Beans,
                                                     cucumbers, parsley,
                                                     parsnips, peas,
                                                     peppers, potatoes,
                                                     squash (summer and
                                                     winter), sweet
                                                     potatoes, swiss
                                                     chard, turnips,
                                                     indoor ornamentals,
                                                     lawn pest control,
                                                     and nuisance pests
                                 10163-104          Diazinon 14G: Beans,
                                                     celery, cucumbers,
                                                     parsley, peas,
                                                     peppers, potatoes,
                                                     squash (summer and
                                                     winter), sweet
                                                     potatoes, swiss
                                                     chard, turnips, and
                                                     indoor ornamentals
                                 10163-116          Diazinon 5G: Beans,
                                                     celery, cucumbers,
                                                     parsley, peas,
                                                     peppers, potatoes,
                                                     squash (summer and
                                                     winter), sweet
                                                     potatoes, swiss
                                                     chard, turnips,
                                                     indoor ornamentals,
                                                     and lawn pest
                                                     control
                                 10163-163          Diazinon 50-WSB:
                                                     Beans, cucumbers,
                                                     parsley, parsnips,
                                                     peas, peppers,
                                                     potatoes, squash
                                                     (summer and
                                                     winter), sweet
                                                     potatoes, swiss
                                                     chard, turnips,
                                                     grassland insects,
                                                     livestock Insects,
                                                     fly control in
                                                     livestock
                                                     structures, and
                                                     indoor ornamentals
                                 10163-241          Diazinon 5F: Beans,
                                                     cucumbers, parsley,
                                                     parsnips, peas,
                                                     peppers, potatoes,
                                                     squash (summer and
                                                     winter), sweet
                                                     potatoes, swiss
                                                     chard, turnips,
                                                     grassland insects,
                                                     lawn pest control,
                                                     nuisance pests, and
                                                     indoor ornamentals
------------------------------------------------------------------------
Hi-Yield Chemical Co.            34911-13           Hi-Yield 5% Diazinon
                                                     Insect Killer
                                                     Granules: Celery
------------------------------------------------------------------------
Control Solutions Inc.           53883-45           Martin's Diazinon
                                 53883-51.........   25E Lawn and Garden
                                                     Insect Control:
                                                     Almonds and Walnuts
                                                    Martin's 5% Diazinon
                                                     Granules: Celery
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be amended to delete one or
more pesticide uses. The aforementioned companies have requested to
amend their registrations and have requested that EPA waive the 180-day
comment period. In light of this request, EPA is granting the request
to waive the 180-day comment period and is providing a 30-day public
comment period before taking action on the requested amendments to
delete uses. Because of risk concerns posed by certain uses of
diazinon, EPA intends to grant the requested amendments to delete uses
at the close of the comment period for this announcement, unless the
Agency receives any substantive comment within the comment period that
would merit its further review of these requests.

III. Proposed Existing Stocks Provisions

    EPA received requests for voluntary cancellation of the diazinon
registrations identified in Tables 1 and requests for amendments to
terminate certain uses of the diazinon registrations identified in
Table 2. Pursuant to section 6(f) of FIFRA, EPA intends to grant these
requests by issuing a cancellation order at the end of the 30-day
comment period unless the Agency receives any substantive comment
within the comment period that would merit its further review of these
requests. In the event that EPA issues a cancellation order, EPA
intends to include in that order the existing stocks provisions set
forth in this section. For purposes of that cancellation order, the
term ``existing stocks'' will be defined, pursuant to EPA's existing
stocks policy published in the Federal Register of June 26, 1991 (56 FR
29362), as those stocks of a registered pesticide product 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 or amendment. Any distribution, sale, or use of existing
stocks after the effective date of the cancellation order that the
Agency intends to issue that is not consistent with the terms of that
order will be considered a violation of section 12(a)(2)(K) and/or
12(a)(1)(A) of FIFRA.
    EPA intends that the cancellation order includes the following
existing stocks provisions:
    1. Distribution or sale of products bearing instructions for use on
agricultural crops. The distribution or sale of existing stocks by the
registrant of any product listed in Table 1 or 2 that bears
instructions for use on the agricultural crops identified in List 1
will not be lawful under FIFRA 1 year after the effective date of the
cancellation order. Persons other than the registrant may continue to
sell or distribute the existing stocks of any product listed in Table 1
or 2 that bears instructions for any of the agricultural uses
identified in List 1 after the effective date of the cancellation
order. However, it is lawful to ship such stocks for export consistent
with the requirements of section 17 of FIFRA, or to properly dispose of
the existing stocks in accordance with all applicable law.
    2. Distribution or sale of products bearing instructions for use on
outdoor non-agricultural sites. The distribution or sale of existing
stocks by the registrant of any product listed in Table 1 or 2 that
bears instructions for use on outdoor non-agricultural sites will not
be lawful under FIFRA 1 year after the effective date of the
cancellation order. Persons other than the registrant may continue to
sell or distribute the existing stocks of any product listed in Table
1or 2 that bears instructions for use on outdoor non-agricultural sites
after the effective date of the cancellation order. However, it is
lawful to ship such stocks for export consistent with the
requirements of section 17 of FIFRA, or to properly dispose of the
existing stocks in accordance with all applicable law.
    3. Distribution or sale of products bearing instructions for use on
indoor sites. The distribution or sale of existing stocks by the
registrant of any product listed in Table 1 or 2 that bears
instructions for use at or on any indoor sites (except mushroom
houses), shall not be lawful under FIFRA as of the effective date of
the cancellation order, except for shipping stocks for export
consistent with the requirements of section 17 of FIFRA, or properly
disposing of the existing stocks in accordance with all applicable law.
    4. Retail and other distribution or sale of existing stock of
products for indoor use. The distribution or sale of existing stocks by
any person other than the registrants of products listed in Table 1 or
2 bearing instructions for any indoor uses except mushroom houses will
not be lawful under FIFRA after December 31, 2002, except for shipping
stocks for export consistent with the requirements of section 17 of
FIFRA, or properly disposing of the existing stocks in accordance with
all applicable law.
    5. Use of existing stocks. EPA intends to permit the use of
existing stocks of products listed in Table 1 or 2 until such stocks
are exhausted, provided such use is in accordance with the existing
labeling of that product.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: December 19, 2001.
Lois A. Rossi,
Director, Special Review and Registration Division, Office of Pesticide
Programs.
[FR Doc. 02-225 Filed 1-3-02 8:45 am]