[Federal Register: July 25, 2007 (Volume 72, Number 142)]
[Notices]
[Page 40874-40876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25jy07-68]
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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: andreasen.jude@epa.gov.
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