Pesticide registration, cancellation, etc.: Diazinon,

[Federal Register: September 13, 2001 (Volume 66, Number 178)]

[Notices]

[Page 47658-47666]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13se01-45]

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34225F; FRL-6800-6]

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 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

[[Page 47659]]

uses through registration cancellations or amendments were submitted to EPA in May, June, and August 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-34225. Comments must be received on or before October 15, 2001.

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-34225 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.

General Information

1. 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.

2. 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 homepage at http://www.epa.gov/. To access this document, on the Home Page select ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' 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 homepage 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-34225. 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.

3. 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-34225 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-34225. Electronic comments may also be filedonline at many Federal Depository Libraries.

4. 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.

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5. 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.

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

1. Background

   Certain registrants requested in letters dated May, June, and August 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 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).

   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.

2. 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.

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   Table1.--End-Use Product Registration Cancellation Requests

   Registration Product Name: Use Company

   Number

   Deletions

   Value Garden Supply, LLC

   70-177

   Kill-Ko Diazinon 2E 70-249........... Insect Spray 70-252........... Rigo Diazinon AG500 192-145.......... Insecticide 192-165.......... Rigo Diazinon 5% 192-194.......... Granules 192-208.......... Dexol Diazinon 25% 769-569.......... Insect Spray 769-571.......... Dexol Diazinon 2% 769-630.......... Granules 769-750.......... Dexol Ant and Roach 769-754.......... Killer 769-755.......... Dexol Diazinon Insect 769-768.......... Spray 769-769.......... Stephenson Chemicals 769-784.......... D.P.S. Roach Powder 769-791.......... Suregard Diazinon 769-824.......... Spray 769-861.......... SMCP Special Residual 769-862.......... Insect Spray 769-863.......... PCE Diazinon- 769-890.......... Pyrethrum Residual 769-891.......... Spray 769-922.......... PCE Diazinon DDVP 769-930.......... Residual Spray 769-956.......... X-It Formula 120 769-974.......... PCE Diazinon Roach 5887-104......... Dust 5887-124......... Formulation 050 5887-132......... Di-Azz Ready-to-Use Superior Dy-All PCO Crack and Crevice Pratt Diazinon 25E Insect Spray Pratt Diazinon 5% Granular Lawn Insect Control Pratt Diazinon 2% Granular Lawn Insect Control Agrisect Diazinon 5% Granular Agrisect Brand Insecticide Diazinon 2% Dust for Military Use Science 5% Diazinon Dust Warner Enterprises Ant, Roach, and Spider Spray Pratt 14% Diazinon Diazinon 22.4% Lawn and Garden Water Based Insecticide Black Leaf 5% Diazinon Dust Black Leaf 5% Diazinon Granules Black Leaf 25% Diazinon

   Whitmire Micro-Gen

   499-228

   PT 265-A Knox Out ............... Microencapsulated 499-330.......... Diazinon Research 499-422.......... Laboratories, Inc. Whitmire TKO Microencapsulated Diazinon (PT 265) TC 132 (TKO PT 265- Greenhouse)

   Prentiss Incorporated

   655-457

   Prentox 655-462.......... Diazinon 4E 655-465.......... Insecticide 655-519.......... Prentox 655-645.......... Diazinon 4S 655-799.......... Insecticide Prentox Diazinon 2D Insecticide Dust Prentox Liquid Household Spray #1 Prentox Diazinon Emulsifiable Concentrate Prentox Diazinon Lawn and Garden Insecticide

   Green Light Company

   869-219

   Green Light Diazinon 25

   PBI Gordon Corporation

   2217-496

   Gordon's Wasp and Hornet Bomb

   Sergeant's Pet Products, Inc. 2517-24

   Double Duty Plus Flea 2517-25.......... and Tick Collar with 2517-29.......... Nutrisorb for Dogs 2517-30.......... Double Duty Plus Flea and Tick Collar with Nutrisorb for Cats Double Duty Reflecting Flea and Tick Collar for Cats Double Duty Reflecting Flea and Tick Collar

   Cerexagri, Inc.

   4581-379

   KNOX OUTGH

   Helena Chemical Company

   5905-441

   Omni-Diazinon 5905-444......... Helena Diazinon 40W 5905-525......... Diazinon 4EC

   Chemical Packaging Corp.

   7405-2

   Chemi-Cap Roach and Ant Killer

   Pursell Industries, Inc.

   8660-46

   VertaGreen Household 8660-59.......... Insecticide 8660-79.......... VertaGreen Sod 8660-89.......... Webworm Spray 8660-91.......... VertaGreen Diazinon 8660-95.......... 12.5% Insect Spray 8660-103......... VertaGreen Diazinon 8660-124......... 500 Insecticide 8660-206......... VertaGreen Diazinon 8660-233......... Insecticide 25 Emulsifiable Concentrate VertaGreen for Pro Use Diazinon 14G VertaGreen Lawn Food and Insecticide VertaGreen Diazinon AG 500 Insecticide Koos Nature's Best Lawn and Garden Insect Control Vigro 5% Diazinon Granules Lawn and Garden Insect Control

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   Spectrum Group, Division of 8845-94

   Sprectracide Crawling United Industries Corp.

   8845-124......... Insect Control Granules Sprectracide Granules Formula 2

   Safeguard Chemical Corp.

   8848-4

   5-11 Roach and Bug 8848-55.......... Killer 8848-56.......... Black Jack Roach and 8848-57.......... Ant Killer IV 8848-58.......... 707 Residual Formula- 4 Roach Bomb 707 Landlord's Formula Two 707 Residual Formula #2

   Sunniland Corporation

   9404-65

   25% Diazinon Liquid Concentrate

   Chemsico, Division of United 9688-92

   Chemsico Granules Industries Corp.

   9688-128......... Formula 1 9688-132......... Chemsico Diazinon Insect Spray Chemsico Insecticide PD

   Agriliance

   9779-212

   Diazinon 4E

   The Sherman Williams Co.

   10900-96

   Rescue Ant and Roach

   Sungro Chemicals, Inc.

   11474-31

   Sungro Residual Roach 11474-34......... Dope 11474-72......... Sunbugger Residual Ant and Roach Aqueous Power Residual Spray

   Speer Products Incorporated 11715-3

   Speer Bug Killer 11715-16......... Speer Professional 11715-51......... Formulation Diazion 11715-90......... Bug Killer 11715-124........ Speer Insecticide 11715-216........ Diazinon 11715-296........ Speer Professional Home Pest Control Better World Multi- Purpose Aqueous Spray Sudbury Diazinon Insect Spray 5% Diazinon Granules Lawn and Garden Insect Control

   Louisiana Chemical U.S.A., 11746-32

   Davis Kill-A-Bug III Incorporated

   11746-33......... Davis Kill-A-Bug IV 11746-42......... Davis Kill-A-Bug 4E

   Drexel Chemical Company

   19713-92

   Drexel D-264 4E

   Unicorn Laboratories

   28293-229

   Unicorn Diazinon 4E 28293-240........ Unicorn Diazinon 28293-241........ Granular Lawn Insect 28293-242........ Control 28293-243........ Unicorn Diazinon1/2% 28293-244........ EW Insecticide 28293-245........ Unicorn Diazinon Home 28293-246........ Pest Control 28293-247........ Insecticide 28293-248........ Unicorn Diazinon Home 28293-249........ Pest Control 28293-250........ Insecticide II 28293-251........ Unicorn Diazinon Home Pest Control Pressurized Insecticide Unicorn Diazinon 1% ME Insecticide Unicorn Diazinon 0.5 RTU Insecticide Unicorn Diazinon 2.0 Insecticide Unicorn Diazinon 1/2% ME Insecticide Unicorn Diazinon 1% EW Insecticide Unicorn Diazinon 5.0 EW Insecticide Unicorn Diazinon 2D Insecticide Dust

   Professional Supply, Inc. 37915-4

   Professional Brand Pest Control Formula D 4E

   Quest Chemical Corp.

   44446-7

   CS 101 Roach and Ant 44446-44......... Spray Double Trouble Water Base Diazinon Roach and Ant Spray

   Celex, Division of United 46515-17

   Super K-GRO Fruit and IndustriesCorp.

   Vegetable Insect Control

   Marman USA, Inc.

   48273-24

   Marman Diazinon 48 EC

   Alljack, Division of United 49585-3

   Diazinon Granules Industries Corp.

   49585-5.......... Diazinon Soil and Turf

   MicroFlo Company

   51036-64

   Diazinon 4E 51036-197........ Diazinon 4E AG

   ProGuard, Inc.

   58866-10

   Master Nurseyman Diazinon-25 Insect Control

   PM Resources, Inc.

   67517-18

   Diazinon Insecticide 67517-29......... 25E 67517-62........ Diazinon Granules 5% Diazinon Lawn and Garden WBC

   [[Page 47663]]

   Contract Packaging, Inc.

   67572-79

   CP Diazinon Lawn and Garden WB Concentrate

   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:

   i. The registrants request a waiver of the comment period.

   ii. 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.

3. 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.

   Table 2.--End-Use Product Registration Amendment Requests

   Registration Product Name: Use Company

   Number

   Deletions

   The Scotts Company

   239-2479

   Ortho Diazinon Soil and Turf Insect Control: Celery

   Prentiss Incorporated

   655-556

   Diazinon 5G 655-557.......... Insecticide: Celery Prentox Diazinon 14G: Beans (lima, pole, snap; succulent varieties only), Celery, Cucumbers, Parsley, Peas (succulent varieties only), Peppers, Potatoes, Squash (summer and winter), Sweet Potatoes, Swiss Chard, and Turnips

   Southern Agricultural

   829-262

   SA-50 Diazinon AG 500 Insecticides, Incorporated

   Insecticide: Cucumbers, Peppers, Potatoes, Squash (summer and winter), Swiss Chard, Lawns, Grasslands Insects, and Nuisance Pests in Outside Areas

   The Green Light Company

   869-139

   Green Light Diazinon 869-231.......... 5 Granules: Celery Green Light Diazinon: Almonds

   Lebanon Seaboard Corporation 961-358

   Lebanon Lawn and Garden Insecticide with Diazinon 5G: Celery

   Wilbur-Ellis Company

   2935-388

   Diazinon 4 Spray: ............... Beans, Cucumbers, ............... Parsley, Parsnips, ............... Peas, Peppers, ............... Potatoes, Squash, ............... Sweet Potatoes, ............... Swiss Chard,Turnips, 2935-408......... Grasslands, Ditch Banks, Roadsides, Wasteland, Non-crop Areas, Barrier Strips, Ornamental (not grown outdoor in nurseries), Lawn Pest Control, and Nuisance Pests in Outside Areas

   Diazinon 14G: Beans, Celery, Cucumbers, Parsley, Peas, Peppers, Potatoes, Squash, Sweet Potatoes, Swiss Chard, and Turnips

   Cerexagri Incorporated

   4581-392

   KNOX OUT NL: Commercial Landscape Uses (ornamentals in landscaped, mulched, or plant bed areas of commercial properties)

   [[Page 47664]]

   Helena Chemical Company

   5905-248

   Diazinon AG500 ............... Insecticide: Beans ............... (lima, snap, and ............... pole; succulent ............... only), Parsley, ............... Parsnips, Peas 5905-262......... (succulent only), ............... Peppers, Potatoes ............... (Irish), Squash ............... (summer and winter), 5905-474......... Sweet Potatoes, ............... Swiss Chard, ............... Ornamentals (outdoor ............... nurseries only), ............... Lawns, and ............... Nuisance Pests in 5905-526......... Outdoor Areas Diazinon 14G: Beans (lima, snap, and pole; succulent only), Parsley, Peas (succulent only), Peppers, Potatoes, Squash (summer and winter), Sweet Potatoes, and Swiss Chard Helena Diazinon 7E Insecticide: Beans (lima, snap, and pole; succulent only), Parsley, Parsnips, Peas (succulent only), Peppers, Potatoes (Irish), Squash (summer and winter), Sweet Potatoes, Swiss Chard, Ornamentals (outdoor nurseries only), Lawns, Grassland Insects, and Nuisance Pests in Outside Areas Diazinon 50 WP Insecticide: Beans (lima, snap, and pole; succulent only), Parsley, Parsnips, Peas (succulent only), Peppers, Potatoes (Irish), Squash (summer and winter), Sweet Potatoes, Swiss Chard, Ornamentals (outdoor nurseries only), Lawns, Livestock Insects, Fly Control in Livestock Structures, Lawns, and Nuisance Pests in Outside Areas

   Chemsico, Division of United 8845-92

   Spectracide Lawn and Industries Corporation

   ............... Garden Insect 8845-95.......... Control Concentrate: Almonds Spectracide 6,000 Lawn and Garden Insect Control: Celery

   The Andersons, Incorporated 9198-62

   The Andersons Lawn and Garden Insecticide 5% Diazinon: Celery

   Lesco

   10404-23

   LESCO Diazinon 5G Granular Insecticide: Celery

   Howard Johnson's Enterprises, 32802-5

   All Season Diazinon Incorporated

   5G Insecticide: Celery

   PBI Gordon Corporation

   33955-556

   Acme Diazinon 25% 33955-557........ Emulsifiable Concentrate: Almonds Acme Diazinon 5G Lawn and Garden Insect Control: Celery

   Platte Chemical Company

   347047-41

   Clean Crop Diazinon ............... AG500 Insecticide: ............... Cucumbers, ............... Parsley, Parsnips, ............... Peppers, Potatoes, 34704-57......... Squash 34704-230........ (summer and winter), ............... Sweet Potatoes, ............... Swiss Chard, 34704-231........ Turnips, Grassland ............... Insects, Lawns, and ............... Nusiance Pests ............... in Outside Areas 34704-435........ Clean Crop Diazinon 5 ............... Lawn and Garden: ............... Celery ............... Diazinon G-14: ............... Celery, Cucumbers, ............... Parsley, 34704-493........ Peppers, Potatoes, Squash (summer and winter), Sweet Potatoes, Swiss Chard, and Turnips Diazinon 500-AG: Cucumbers, Parsley, Parsnips, Peppers, Potatoes, Squash (summer and winter), Sweet Potatoes, Swiss Chard, Turnips, Grassland Insects, Lawn Pest Control, and Nuisance Pests in Outside Areas Clean Crop Diazinon 50WP Insecticide: Cucumbers, Parsley, Parsnips, Peppers, Potatoes, Squash (summer and winter), Sweet Potatoes, Swiss Chard, Turnips, Grassland Insects, Livestock Insects, Fly Control in Livestock Structures, Lawns, and Nusiance Pests in Outside Areas Diazinon 5 Granules: Celery, Collards, Cucumbers, Parsley, Peppers, Potatoes, Squash (summer and winter), Sweet Potatoes, Swiss Chard, Turnips, Lawns, and Band Treatment Around House Foundation

   Professional Supply,

   37915-6

   Professional Brand Incorporated

   Pest Control Formula DC-500: Pole Beans

   Enforcer Products, a Division 40849-30

   Enforcer Ant Kill of

   Granules II: Pole National Service Industries,

   Beans and Celery Incorporated.

   [[Page 47665]]

   Morgro, Incorporated

   42057-90

   Morgro Diazinon 25% 42057-107........ Spray: Oranges Morgro 5% Diazinon Granules: Celery

   Walla Walla Environmental 47332-4

   CPF 2D: farm buildings including dairy barns and milk parlors warehouses, office buildings, theaters, schools, motels, hotels, factories, and out buildings

   Mircro Flo Company

   51036-97

   Diazinon 5G Homeowner: Celery

   Gro Tec, Incorporated

   59144-2

   5% Diazinon Granules: 59144-28......... Pole Beans and Celery Diazinon Lawn and Garden Insecticide: Almonds and Pole Beans

   Hacco, Incorporated

   61282-25

   Diazinon Lawn and Garden WBC: Almonds

   Guardsman Products,

   62366-2

   Bug Stuff: Office Incorporated

   Buildings, Schools, Hotels, Motels, Warehouses, Theaters, Barns, Farm Buildings (including dairy barns and milk parlors), Factories, and Outbuildings

   Contract Packaging, Inc.

   67572-1

   CP Diazinon Lawn and Garden WB Ready-to- Use: Almonds and Pole Beans

   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.

   3. 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 at 56 FR 29362, June 26, 1991, 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 retail 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

      [[Page 47666]]

      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:August 31, 2001. Lois A. Rossi, Director, Special Review and Reregistration Division, Office of Pesticide Programs.

      [FR Doc. 01-23005Filed9-12-01; 8:45 a.m.]

      BILLING CODE 6560-50-S