

[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]               
[Page 70761-70764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de06-56]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0909; FRL-8104-3]

 
Diazinon; Notice of Receipt of Requests to Voluntarily Amend 
Pesticide Registrations to Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of requests by the registrants to voluntarily amend 
their registrations to terminate uses of certain products containing 
the pesticide diazinon. The requests would terminate use of granular 
diazinon products in or on beets (red and table), broccoli, Brussels 
sprouts, cabbage, carrots, cauliflower, collards, endive (escarole), 
ginseng, kale, melons, mustard, onions (bulb and green), radishes, 
spinach, sugar beets, sweet corn, and tomatoes, and use of liquid or 
wettable powder diazinon products in or on Chinese broccoli, Chinese 
cabbage, Chinese mustard, Chinese radish, corn, grapes, hops, mushroom 
houses, sugar beets, and walnuts, or as a seed treatment. The

[[Page 70762]]

requests would not terminate the last diazinon products registered for 
use in the U.S. EPA intends to grant these requests 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 the requests, or unless the registrants withdraw 
their request(s) within this period. Upon acceptance of these requests, 
any sale, distribution, or use of products listed in this notice will 
be permitted only if such sale, distribution, or use is consistent with 
the terms as described in the final order.

DATES: Comments must be received on or before January 5, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0909, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S 4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0909. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If EPA 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. 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 OPP 

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 
2777 S. Crystal Drive, 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 telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Stephanie Plummer, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-0076; fax 
number: (703) 308-7070; 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, 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. What Should I Consider as I Prepare My Comments for EPA?

     1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes 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 docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Requests to Cancel and/or Amend 
Registrations to Delete Uses

    This notice announces receipt by EPA of requests from registrants 
Makhteshim Chemical Works, Ltd., Makhteshim Agan of North America, 
Inc., Drexel Chemical Company, Wilber Ellis Company, and Helena 
Chemical Company to terminate use of granular diazinon products on 20 
crops and 11 uses of liquid or wettable powder diazinon products. 
Diazinon is an organophosphate insecticide used on a

[[Page 70763]]

variety of fruit, nut, vegetable, and field crops, as well as 
ornamentals. In letters submitted to the Agency in October 2005 through 
November 2006, Makhteshim Chemical Works, Ltd., Makhteshim Agan of 
North America, Inc., Drexel Chemical Company, Wilber Ellis Company, and 
Helena Chemical Company requested that EPA amend their pesticide 
product registrations to terminate uses identified in this notice 
(Tables 1 and 2). Specifically, as per the diazinon Interim 
Reregistration Eligibility Decision (IRED) issued in September 2002, 
the registrants requested voluntary cancellation of the use of granular 
diazinon products on beets (red and table), broccoli, Brussels sprouts, 
cabbage, carrots, cauliflower, collards, endive (escarole), ginseng, 
kale, melons, mustard, onions (bulb and green), radishes, spinach, 
sugar beets, sweet corn, and tomatoes. The registrants also requested 
voluntary cancellation of the use of liquid or wettable powder diazinon 
products in/on Chinese broccoli, Chinese cabbage, Chinese mustard, 
Chinese radish, corn, grapes, hops, mushroom houses, sugar beets, and 
walnuts, and as a seed treatment. Termination of these uses will not 
result in cancellation of the last diazinon products registered in the 
United States, or the last pesticide products registered in the United 
States for these uses.
    These uses are being terminated as a result of the Diazinon IRED, 
which was issued in September 2002. The Diazinon IRED and supporting 
documents can be accessed through http://www.regulations.gov, docket number 

EPA-HQ-2005-0251.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to amend pesticide registrations to terminate certain uses of diazinon. 
The affected products and the registrants making the requests are 
identified in Tables 1 through 3 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or 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.
    The diazinon registrants have requested that EPA waive the 180-day 
comment period. EPA will provide a 30-day comment period on the 
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued amending the affected registrations.

 Table 1. Diazinon Manufacturing Use Product Registrations with Pending
                         Requests for Amendment
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
11678-61                          Diazol Diazinon     Makhteshim
                                   Technical           Chemical Works,
                                   Stabilized Ag       Ltd
------------------------------------------------------------------------
11678-63                          Diazol (Diazinon)   Makhteshim
                                   Stabilized Oil      Chemical Works,
                                   Concentrate Ag.     Ltd.
------------------------------------------------------------------------
19713-523                         Drexel Diazinon     Drexel Chemical
                                   Technical Ag        Company
------------------------------------------------------------------------


  Table 2. Diazinon End-Use Product Registrations with Pending Requests
                              for Amendment
------------------------------------------------------------------------
        Registration No.              Product name          Company
------------------------------------------------------------------------
2935-408                          Diazinon 14G>       Wilbur Ellis Co.
------------------------------------------------------------------------
5905-248                          Diazinon AG500      Helena Chemical
                                                       Co.
------------------------------------------------------------------------
19713-95                          Drexel Diazinon     Drexel Chemical
                                   14G                 Co.
------------------------------------------------------------------------
19713-91                          Drexel Diazinon     Drexel Chemical
                                   Insecticide         Co.
------------------------------------------------------------------------
19713-492                         Diazinon 50WP       Drexel Chemical
                                   Insecticide         Co.
------------------------------------------------------------------------
66222-9                           Diazinon AG500      Makhteshim Agan
                                                       North America
------------------------------------------------------------------------
66222-10                          Diazinon 50W        Makhteshim Agan
                                                       North America
------------------------------------------------------------------------
66222-103                         Diazinon Ag600WBC   Makhteshim Agan
                                   Insecticide         North America
------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for 
the registrants of the products listed in Tables 1 and Table 2 of this 
unit.

     Table 3.--Registrants Requesting Voluntary Cancellation and/or
                               Amendments
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
2935                                        Wilbur Ellis Company
                                            P.O. box 1286
                                            Fresno, CA 93715
------------------------------------------------------------------------
5905                                        Helena Chemical Company
                                            225 Schilling Blvd, Suite
                                             300
                                            Collierville, TN 38017
------------------------------------------------------------------------
11678                                       Makhteshim Chemical Works,
                                             Ltd. Makhteshim Agan of
                                             North America, Inc.
                                            4515 Falls of Neuse Rd.
                                             Suite 300
                                            Raleigh, NC 27609
------------------------------------------------------------------------
19713                                       Drexel Chemical Company
                                            1700 Channel Ave.
                                            P.O. Box 13327
                                            Memphis, TN 38113
------------------------------------------------------------------------
66222                                       Makhteshim Agan of North
                                             America
                                            4515 Falls of Neuse Rd.
                                            Suite 300
                                            Raleigh, NC 27609
------------------------------------------------------------------------

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 or

[[Page 70764]]

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.

V. Procedures for Withdrawal of Request and Considerations for 
Reregistration of Diazinon

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before January 5, 2007. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

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.
    If the request for voluntary use termination is granted as 
discussed above, the Agency intends to issue a cancellation order that 
will allow persons other than the registrant to continue to sell and/or 
use existing stocks of cancelled products until such stocks are 
exhausted, provided that such use is consistent with the terms of the 
previously approved labeling on, or that accompanied, the cancelled 
product. The order will specifically prohibit any use of existing 
stocks that is not consistent with such previously approved labeling. 
If, as the Agency currently intends, the final cancellation order 
contains the existing stocks provision just described, the order will 
be sent only to the affected registrants of the cancelled products. If 
the Agency determines that the final cancellation order should contain 
existing stocks provisions different than the ones just described, the 
Agency will publish the cancellation order in the Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 21, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-20429 Filed 12-05-06; 8:45 am]

BILLING CODE 6560-507-S
