[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.
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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
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Registration No. Product name Company
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11678-61 Diazol Diazinon Makhteshim
Technical Chemical Works,
Stabilized Ag Ltd
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11678-63 Diazol (Diazinon) Makhteshim
Stabilized Oil Chemical Works,
Concentrate Ag. Ltd.
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19713-523 Drexel Diazinon Drexel Chemical
Technical Ag Company
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Table 2. Diazinon End-Use Product Registrations with Pending Requests
for Amendment
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Registration No. Product name Company
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2935-408 Diazinon 14G> Wilbur Ellis Co.
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5905-248 Diazinon AG500 Helena Chemical
Co.
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19713-95 Drexel Diazinon Drexel Chemical
14G Co.
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19713-91 Drexel Diazinon Drexel Chemical
Insecticide Co.
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19713-492 Diazinon 50WP Drexel Chemical
Insecticide Co.
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66222-9 Diazinon AG500 Makhteshim Agan
North America
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66222-10 Diazinon 50W Makhteshim Agan
North America
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66222-103 Diazinon Ag600WBC Makhteshim Agan
Insecticide North America
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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
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EPA Company No. Company name and address
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2935 Wilbur Ellis Company
P.O. box 1286
Fresno, CA 93715
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5905 Helena Chemical Company
225 Schilling Blvd, Suite
300
Collierville, TN 38017
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11678 Makhteshim Chemical Works,
Ltd. Makhteshim Agan of
North America, Inc.
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
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19713 Drexel Chemical Company
1700 Channel Ave.
P.O. Box 13327
Memphis, TN 38113
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66222 Makhteshim Agan of North
America
4515 Falls of Neuse Rd.
Suite 300
Raleigh, NC 27609
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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