[Federal Register: September 3, 2003 (Volume 68, Number 170)]
[Notices]
[Page 52394-52397]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03se03-44]
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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: 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-2003-0170. 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
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Registration No. Product Name Chemical Name
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100-977 D[middot]z[middot Diazinon
]n diazinon MG
56% WBC AG
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100-978 D[middot]z[middot Diazinon
]n diazinon MG
22.4% WBC HG
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100-979 D[middot]z[middot Diazinon
]n diazinon MG
87% HG
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100-980 D[middot]z[middot Diazinon
]n diazinon MG
87% AG
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Table 2.--Outdoor Non-Agricultural End-Use Product Registration
Cancellation Requests
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Registration No. Product Name Chemical Name
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100-456 D[middot]z[middot Diazinon
]n Lawn & Garden
Insect Control
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100-468 D[middot]z[middot Diazinon
]n Granular Lawn
Insect Control
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100-528 D[middot]z[middot Diazinon
]n 6000 Lawn &
Garden Insect
Control
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100-770 D[middot]z[middot Diazinon
]n diazinon Lawn
& Garden WBC
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[[Page 52396]]
100-926 D[middot]z[middot Diazinon
]n diazinon
Garden Insect
Dust
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Table 3.--Agricultural End-Use Product Registration Cancellation
Requests
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Registration No. Product Name Chemical Name
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100-460 D[middot]z[middot Diazinon
]n diazinon 50W
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100-461 D[middot]z[middot Diazinon
]n diazinon
AG500
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100-469 D[middot]z[middot Diazinon
]n diazinon 14G
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100-784 D[middot]z[middot Diazinon
]n diazinon
AG600 WBC
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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
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EPA Company No. Company Name and Address
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100 Syngenta Crop Protection, Inc,
P.O. Box 18300, Greensboro, NC
27419-8300
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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
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