Diazinon; Notice of Receipt of Requests to Voluntarily Amend Pesticide Registrations to Terminate Certain Uses, 70761-70764 [E6-20429]
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PWALKER on PRODPC60 with NOTICES
Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements which have subsequently
changed; train personnel to be able to
respond to a collection of information;
search data sources; complete and
review the collection of information;
and transmit or otherwise disclose the
information.
Respondents/Affected Entities: The
universe of each respondent activity
varies depending upon the specific
activity. The respondent universe for
each information collection activity
associated with EPA Water Efficiency
Program is presented and explained
separately below.
Partnership Agreement: EPA
estimates that 3,800 partners will join
the program in the first year, 5,000 in
the second year, and 6,200 in the third
year of the program, for an average of
5,000 partners per year. EPA estimates
that certified professionals will
comprise the vast majority of
partnerships. For other partner
categories, EPA anticipates welcoming
100 partners in the first year, 75 in the
second year, and 125 in the third year.
New Certified Product Notification
Form: During the three-year period
covered by this ICR, EPA anticipates
developing specifications for 13
categories of products and services.
Each product category has specific
information that must be submitted by
partners who desire to label their
product(s). EPA anticipates that
manufacturers will submit a total of 450
products for certification in the 13
categories over the first 3 years of the
program. This translates to 150 products
annually. Of the 450 total applications,
EPA anticipates updating the Web
registry of labeled products on a
monthly basis.
Promotional Plan: With an exception
for certified professionals, EPA plans to
request submission of one Promotional
Plan per partner for each year the
partner participates in the program.
Thus, EPA anticipates receiving 100
promotional plans in the first year, 175
in the second and 300 in the third for
an average of 192 per year.
Annual Update: With an exception for
certified professionals, EPA plans to
require submission of one Annual
Update per partner for each year the
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partner participates in the program.
Thus, EPA anticipates receiving 100
Annual Updates in the first year, 175 in
the second and 300 in the third for an
average of 192 per year.
Award Application: EPA plans to
initiate an awards program by the third
year of the Water Efficiency Program.
Based on the popularity of other EPA
awards programs, EPA anticipates
receiving 100 applications during the
first round of award applications.
Estimated Number of Respondents:
214 State and local government; 427
private sector, 5000 individuals per
year.
Frequency of Response: Once/year.
Estimated Total Annual Hour Burden:
50,081.
Estimated Total Annual Cost:
$3,372,000, includes $125,000 annual
capital/startup and O&M costs and
$3,247,000 annual labor costs.
Dated: November 29, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6–20644 Filed 12–5–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
70761
call Constantine Blathras at (312) 886–
0671.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Air and Radiation
Division, Air Programs Branch,
Environmental Protection Agency,
Region 5, 77 W. Jackson Boulevard (AR–
18J), Chicago, Illinois 60604. Anyone
who wishes to review the EAB decision
can obtain it at https://www.epa.gov/eab/
.
SUPPLEMENTARY INFORMATION:
Notification of EAB Final Decision
The IEPA, acting under authority of a
PSD delegation agreement, issued a PSD
permit to the City of Springfield on
August 10, 2006, granting approval to
construct a new 250 megawatt coal-fired
electric generating unit at the City of
Springfield’s existing power plant in
Sangamon County, Illinois. Mr. David
Maulding filed a petition for review
with the EAB on September 8, 2006.
The EAB denied the petition on October
5, 2006.
Dated: November 20, 2006.
Bharat Mathur,
Deputy Regional Administrator, Region 5.
[FR Doc. E6–20649 Filed 12–5–06; 8:45 am]
BILLING CODE 6560–50–P
[IL229–1; FRL–8251–5]
Notice of Prevention of Significant
Deterioration Final Determination for
City of Springfield
Environmental Protection
Agency (EPA).
ACTION: Notice of final action.
AGENCY:
SUMMARY: This notice announces that on
October 5, 2006, the Environmental
Appeals Board (EAB) of the EPA denied
a petition for review of a Federal
Prevention of Significant Deterioration
(PSD) permit issued to City of
Springfield, Illinois, by the Illinois
Environmental Protection Agency
(IEPA).
DATES: The effective date for the EAB’s
decision is October 5, 2006. Pursuant to
Section 307(b)(1) of the Clean Air Act,
42 U.S.C. 7607(b)(1), judicial review of
this permit decision, to the extent it is
available, may be sought by filing a
petition for review in the United States
Court of Appeals for the Seventh Circuit
within 60 days of December 6, 2006.
ADDRESSES: The documents relevant to
the above action are available for public
inspection during normal business
hours at the following address:
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard
(AR–18J), Chicago, Illinois 60604. To
arrange viewing of these documents,
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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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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
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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:
https://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 https://
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 email. 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 email address will be automatically
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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 https://
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.
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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
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Federal Register / Vol. 71, No. 234 / Wednesday, December 6, 2006 / Notices
PWALKER on PRODPC60 with NOTICES
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 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
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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.
11678–61
11678–63
Product
name
Company
Diazol
Diazinon Technical
Stabilized
Ag
Makhteshim
Chemical
Works, Ltd
Diazol
(Diazinon) Stabilized
Oil
Concentrate
Ag.
Makhteshim
Chemical
Works, Ltd.
Drexel
Diazinon Technical Ag
Drexel Chemical Company
70763
TABLE 2. DIAZINON END–USE PRODUCT REGISTRATIONS WITH PENDING
REQUESTS FOR AMENDMENT—Continued
Registration No.
Product name
Company
19713–492
Diazinon
50WP Insecticide
Drexel Chemical Co.
66222–9
Diazinon
AG500
Makhteshim
Agan North
America
66222–10
Diazinon 50W
Makhteshim
Agan North
America
66222–103
Diazinon
Ag600WBC
Insecticide
Makhteshim
Agan 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
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
19713–523
2935
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
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
14G
Drexel Chemical Co.
Drexel
Diazinon
Insecticide
Drexel Chemical Co.
19713–91
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IV. What is the Agency’s Authority for
Taking this Action?
Sfmt 4703
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
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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
BILLING CODE 6560–507–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0687; FRL–8105–2]
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
PWALKER on PRODPC60 with NOTICES
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]
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.
Petition to Amend FIFRA Section 25(b);
Notice of Availability; Reopening of
Comment Period
Environmental Protection
Agency (EPA).
ACTION: Notice; reopening of comment
period.
AGENCY:
SUMMARY: EPA issued a notice in the
Federal Register of September 13, 2006,
concerning a petition filed by the
Consumer Specialty Products
Association (CSPA) requesting the
Agency to modify the minimum risk
regulations at 40 CFR 152.25(f) for those
products that claim to control public
health pests to be subject to EPA
registration requirements as a
precondition of their sale. This
document reopens the comment period
for an additional 30 day period.
DATES: Comments, identified by docket
identification (ID) number EPA–HQ–
OPP–2006–0687 must be received on or
before January 5, 2007.
ADDRESSES: Follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
document of September 13, 2006.
FOR FURTHER INFORMATION CONTACT:
Brian Steinwand, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460-0001; telephone number: 703305-7973; e-mail address:
steinwand.brian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the notice a
list of those who may be potentially
affected by this action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
List of Subjects
B. How and to Whom Do I Submit
Comments?
Environmental protection, Pesticides
and pests.
To submit comments, or access the
official public docket, please follow the
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detailed instructions as provided in
Unit I.B. of the SUPPLEMENTARY
INFORMATION of the September 13, 2006,
Federal Register document (71 FR
54055) (FRL–8091–3). If you have
questions, consult the person listed
under FOR FURTHER INFORMATION
CONTACT.
II. What Action is EPA Taking?
This document reopens the public
comment period established in the
Federal Register of September 13, 2006.
In that document, EPA created a public
docket (EPA–HQ–OPP–2006–0687)
requesting comment on a petition filed
by the Consumer Specialty Products
Association (CSPA) for the Agency to
modify the minimum risk regulations at
40 CFR 152.25(f) for those products that
claim to control public health pests to
be subject to EPA registration
requirements as a precondition of their
sale. EPA is hereby reopening the
comment period, which ended on
November 13, 2006, for an additional 30
days. Comments must be received on or
before January 5, 2007.
III. What is the Agency’s Authority for
Taking this Action?
Under section 553(e) of the
Administrative Procedure Act, 5 U.S.C.
553(e), an interested person may
petition an agency for the issuance,
amendment, or repeal of a rule.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: November 27, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. E6–20647 Filed 12–5–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8251–4]
Proposed CERCLA Administrative
Cost Recovery Settlement; The Marsh
Valve Superfund Site, Dunkirk, NY
Environmental Protection
Agency.
ACTION: Notice; request for public
comment.
AGENCY:
SUMMARY: In accordance with Section
122(i) of the Comprehensive
Environmental Response,
Compensation, and Liability Act as
amended (‘‘CERCLA’’), 42 U.S.C.
9622(i), notice is hereby given of a
proposed administrative settlement
under Section 122(h) of CERCLA, 42
U.S.C. 9622(h), for recovery of past
E:\FR\FM\06DEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 234 (Wednesday, December 6, 2006)]
[Notices]
[Pages 70761-70764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20429]
-----------------------------------------------------------------------
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: https://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
https://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 https://
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 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
