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Notice

Chlorpyrifos; Receipt of Requests For End-Use Product Amendments and Cancellations

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Information about this document as published in the Federal Register.

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AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notice.

SUMMARY:

Companies that hold the pesticide registrations of enduse pesticide products containing chlorpyrifos [O,O-diethyl O-(3,5,6-trichloro-2-pyridinyl)phosphorothioate] have asked EPA to cancel or amend their registrations. 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 from the registrants. These requests for voluntary cancellation and amendment are the result of a memorandum of agreement signed by EPA and the basic manufacturers of the active ingredient chlorpyrifos on June 7, 2000. Registrants identified in this notice requesting voluntary cancellation and amendments are in large part the customer of these basic manufacturers. Given the potential risks, both dietary and nondietary, that chlorpyrifos use poses, especially to children, EPA intends to grant the requested cancellations and amendments to delete uses. EPA also plans to issue a cancellation order for the deleted uses and the canceled registrations at the close of the comment period for this announcement. Upon the issuance of the cancellation order, any distribution, sale, or use of chlorpyrifos products will only be permitted if such distribution, sale, or use is consistent with the terms of that order.

DATE:

Comments must be received on or before December 18, 2000. Comments on the requested amendments to delete uses and the requested registration cancellations must be submitted to the address provided in ADDRESSES and identified by docket control number OPP-34203E.

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-34203E in the subject line on the first page of your response.

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FOR FURTHER INFORMATION CONTACT:

Tom Myers, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (703) 308-8589; fax number: (703) 308-8041; e-mail address: myers.tom@epa.gov.

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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. And the third part proposes existing stock 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.

I. General Information

A. 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 chlorpyrifos 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.

B. 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 Home Page 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 chlorpyrifos, go to the Home Page for the Office of Pesticide Programs or go directly http://www.epa.gov/​pesticides/​op/​chlorpyrifos.htm.

2. In person. The Agency has established an official record for this action under docket control number OPP-34203E. 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.

C. 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-34203E 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 email 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 Start Printed Page 69519CBI. 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-34203E. Electronic comments may also be filed online at many Federal Depository Libraries.

D. 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.

E. 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.

II. Receipt of Requests To Cancel and Amend Registrations To Delete Uses

A. Background

In a memorandum of agreement (Agreement) effective June 7, 2000, EPA and the basic manufacturers of the active ingredient chlorpyrifos agreed to several voluntary measures that will reduce the potential exposure to children associated with chlorpyrifos containing products. EPA initiated the negotiations with registrants after finding chlorpyrifos, as currently registered, was an exposure risk especially to children. As a result of the Agreement, registrants that hold the pesticide registrations of end-use products containing chlorpyrifos (who are in large part the customer of these basic manufacturers) have asked EPA to cancel or amend their registrations for these products. 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 from the registrants. With respect to the registration amendments, the registrants have asked EPA to amend end-use product registrations to delete the following uses: All termite control uses (these will be phased out); all residential uses (except for ant and roach baits in child resistant packaging (CRP) and fire ant mound drenches for public health purposes by licensed applicators and mosquito control for public health purposes by public health agencies); all indoor non-residential uses (except ship holds, industrial plants, manufacturing plants, food processing plants, and containerized baits in CRP); all outdoor non-residential sites (except golf courses, road medians, industrial plant sites, nonstructural wood treatments, and fire ant mound drenches for public health purposes by licensed applicators and mosquito control for public health purposes by public health agencies); and use on post-bloom apple trees. In addition, the companies agreed to limit the maximum chlorpyrifos end-use dilution to 0.5% active ingredient (a.i.) for termiticide uses that will be phased out, limit the maximum label application rate for outdoor non-residential use on golf courses, road medians, and industrial plant sites to 1 lb/a.i. per acre, and either classify all new/amended chlorpyrifos products (except baits in CRP) as Restricted Use or package the products in large containers, depending on the formulation type, to ensure that remaining chlorpyrifos products are not available to homeowners. In return, EPA stated that with this Agreement, it had no current intention to initiate any cancellation or suspension proceedings under section 6(b) or 6(c) of FIFRA with respect to the issues addressed in the Agreement.

EPA previously published on September 20, 2000 a Federal Register Notice (65 FR 56886) (FRL-6743-7) announcing receipt of amendments and cancellations for manufacturinguse products and associated enduse products for signatories of the Memorandum of Agreement that was signed on June 7, 2000 and subsequent ancillary agreements. A copy of the Memorandum of Agreement that was signed on June 7, 2000 is located in docket control number OPP-34203D.

B. Requests for Voluntary Cancellation of End-Use Products

Pursuant to the Agreement and FIFRA section 6(f)(1)(A), several registrants have submitted requests for voluntary cancellation of registrations for their end-use products. The registrations for which cancellations were requested are identified in the following Table 1.

Table 1.-End-Use Product Registration Cancellation Requests

CompanyReg. No.Product
Verdant Brands, Inc70-178Dursban 1/2G Granular Insecticide
70-180Dursban Lawn & Ornamental Spray
70-184Kill-Ko Dursban 1G Granular Insecticide
70-228Home Pest Insect Killer
70-232Rigo Dursban 2EC Liquid Insecticide
70-255Rigo Home Pest Control
70-286Rigo Dursban 1E Insecticide
70-290Rigo's Best Termite Killer
Dexol, A Division of Verdant Brands, Inc192-141Dexol Dexa-Klor Granules Soil Insect Control
192-142Dexol Dexa-Klor Insect Spray
192-151Dexol Dexa-Klor Pest Control Indoor Insect Killer
Start Printed Page 69520
192-171Dexol Roach, Cricket and Spider Dust
192-173Dexol Termite and Lawn Insect Killer
192-180Dexol Dursban Granules Insect Control
192-192Dexol Predator Home Insect Killer II
Whitmire Micro-Gen Research Laboratories, Inc.499-147Whitmire PT 270 Dursban
499-256Whitmire Chlorpyrifos Pressurized Residual Spray
499-270Whitmire 1-12 Insecticide
499-292Whitmire PT 279 Engage Residual Injection System
499-315Whitmire Duration PT 275
499-317Whitmire 1-6 Insecticide
499-364Whitmire PT 1900 Total Release Insecticide
499-379Whitmire PT 479 Regulator
499-423Whitmire TC-135 Chlorpyrifos MC
499-424Whitmire TC-160 Microencapsulated Termiticide
499-448Whitmire TC 151 Bait
Walco-Linck Company506-158TAT Flea & Tick Killer with Residual Action
506-164TAT Roach & Ant Killer II
The Scotts Company538-69Scotts Western Lawn Insect Control
538-94Scotts Western Lawn Insect Control Plus Fertilizer
538-140Summer Insect and Disease Control Plus Lawn Fertilizer
538-153Scotts Proturf Insect Control Plus Fertilizer
538-154Scotts Summer Insect Control Plus Fertilizer For Lawns
Rockland Corporation572-213Rockland Insecticide for Wood Destroying Pests
572-219Rockland Super Professional Dursban Chinch Bug Killer
Indy Specialty Products, Inc.654-131Klor-Ban Concentrate
Prentiss Incorporated655-577Prentox Residual Insect Spray #2
655-739Prentox Pyrifos 0.5 Water Base Insecticide
655-743Prentox Pyrifos 1E
The Garden Grow Company802-530Lilly/Miller Chlorban Insect Spray
802-532Lilly/Miller Chlorban Insect Granules
802-560Lilly/Miller 1% Chlorban Insect Granules
802-595Lilly/Miller Hose'n Go Ant, Flea & Tick Killer
Southern Agricultural Insecticides, Inc.829-250Home & Garden Home Pest Control Spray
829-281SA-50 Brand Home Pest Control Concentrate
Green Light Company869-158Green Light Dursban Granules
869-168Green Light Many Purpose Dursban Granules
869-172Green Light Borer Killer II
869-184Green Light Fire Ant Killer
869-185Green Light House Plant Spray II
869-191Green Light Indoor Flea & Tick Spray
869-205Green Light Ready-to-Use Fire Ant Mound Drench
869-209Green Light Dursban 5% Granules
869-210Green Light Double Dursban Granules
869-221Green Light Many Purpose Dursban Concentrate II
The Garden Grow Company909-94Cooke Act Plus Lawn Insecticide
909-108Cooke Ant Barrier
Agriliance1381-149Green Velvet Lawn Food Plus Insect Control
Universal Cooperatives, Inc.1386-627Red Panther Dursban Granular Turf and Lawn Insecticide
1386-628Red Panther Dursban 1
1386-659Agway Insect Spray
I. Schneid2155-127KR-24
PBI/Gordon Corporation2217-646Gordon's Dursban Turf Insecticide
Sergeant's2517-52Sergeant's Flea & Tick Collar
2517-57Sergeant's Fast-Acting Flea & Tick Collar for Dogs
Hartz2596-135Hartz 330 Day Flea & Tick Collar for Dogs
Wellmark International2724-327Zoecon RF-150 Yard and Kennel Spray
2724-486Arthitrol 0.5% Dursban (Granular) Ant and Roach Bait
Coyne Chemical Company3050-136Coyne Formula No. 101
ABC Compounding3862-93Assault
3862-126WB Residual Pressurized Spray
BETCO4170-78RA26 Residual Insecticide Spray
Combe Incorporated4306-15Sulfodene Scratchex Flea and Tick Collar for Dogs
Pet Chemicals4758-135Holiday Flea & Tick Killer
S.C. Johnson & Son, Inc.4822-152Raid Treatment for Crawling Insects
4822-189Raid Liquid Roach & Ant Killer Formula I
4822-226Raid Tree Guard Spray
4822-230Raid Outdoor Flea Killer
4822-231Raid Gypsy Moth & Japanese Beetle Killer II
4822-232Raid Gypsy Moth & Japanese Beetle Killer
4822-236Raid Tree Guard Spray Formula II
4822-238Raid Home Insect Killer Formula II
4822-263Raid Fire Ant Killer
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4822-264Raid Fire Ant Killer Formula 2
4822-275Raid Outdoor Insect Killer
4822-382Raid Wasp & Hornet Killer
4822-390Raid Wasp & Hornet Killer Formula XII
4822-402Raid Max Roach Bait III
4822-412Raid Wasp & Hornet Killer ND
4822-451Raid Wasp & Hornet Killer AD
4822-498PA Formula #2
Verdant Brands, Inc5887-144Black Leaf Dursban
5887-177Ready-to-Use Ant, Roach, Flea and Spider Spray
Midco Products Company, Inc.6658-42Pyreban-3
Carl Pool Products6926-11Carl Pool Lawn and Turf Food Plus Dursban 15-5-10
Cessco, Inc.6959-73Cessco ID Residual Insecticide
Carter-Wallace, Inc.8220-38Victory 12 Full Year Collar with Dursban Insecticide for Large Dogs
8220-39Victory II Full Season Cat Collar
Robinson Associates8278-6Metro (Tested) Soildrin D
Pursell Industries, Inc.8660-10Sta-Green Law Pest Control & Fertilizer 25-3-3
8660-13Sta-Green Lawn Pest Control & Fertilizer A
8660-14Sta-Green Lawn Pest Control & Fertilizer B
8660-78Dursban Lawn Insect Control
8660-88Dursban Granules
8660-94Green Up Insect & Grub Control with Dursban
8660-97Dursban 4E Insecticide
8660-102Dursban Plus
8660-108VertaGreen Dursban—DDVP 1.25 Turf Insecticide
8660-109VertaGreen Dursban—DDVP 2.50 Turf Insecticide
8660-110VertaGreen Home Pest Killer
8660-122Lawn & Ornamental Insect Spray Concentrate
8660-123Vertagreen Dursban 0.5% Granules
8660-152VertaGreen Professional Turf Food with Dursban
8660-177Golden Vigoro Insect Control Plus Lawn Fertilizer
8660-182Green Turf Lawn Food with Insect Control
8660-193Ideal 18 Insect Control Plus Lawn Fertilizer
8660-194Ideal 20 Insect Control Plus Lawn Fertilizer
8660-195Ideal 25 Insect Control Plus Lawn Fertilizer
8660-203Koos Dursban 1.00 Granules
8660-213Par Ex Slow Release Fertilizer Plus Insect Control
8660-232Vigoro 2.32 Insecticide Granules
8660-239Vigoro Granular Cinch Bug Control
8660-240Vigoro Insect Control Plus Lawn Fertilizer for Texas Turf
Sherwin-Williams Company10900-67858 P.D. Aqueous Roach & Ant Spray
Illinois Tool Works, Inc.11694-91Duramist
Speer Products Incorporated11715-70Speer Roach & Ant Killer
11715-97Magic Guard Dursban Ant & Roach Pressurized Spray
11715-99Magic Guard Ant & Roach Killer
11715-110Mug-A-Bug Professional Strength Insecticide
11715-132Better World Ready-to-use Insecticide
11715-133Mug-A-Bug II Professional Strength Insecticide
11715-139SPI Spot Treatment Spray
11715-142SPI Ant & Roach Spray
11715-163Speer Transparent Emulsion Spray 0.1% + 0.5%
11715-298Pro-Tect Home Pest Control
11715-299Speer Point Five Chlorpyrifos Aerosol
11715-306Speer Cyfluthrin Flea Killer
11715-312Speer D-Trans Residual Spray with Nylar
11715-324SPI Chlorpyrifos Wasp & Hornet Spray
11715-326SPI Chlorpyrifos Pet Area Treatment with Nylar
11715-327Security Granulated Chinch Bug Killer
Louisiana Chemical USA, Inc.11746-15Davis Kill-A-Bug XI
11746-16Davis Kill-A-Bug XII
Rainbow Technology Corporation13283-8Rainbow Insect Control
13283-15Rainbow Liquid RTU Fire Ant Killer
Positive Formulators, Inc.26693-36 Months Pest Control
26693-5Killmaster II CC
Unicorn Laboratories28293-35Unicorn 30 Flea Spray
28293-49Unicorn Yard & Kennel Spray Concentrate
28293-103Unicorn House & Carpet Spray WB
28293-104Unicorn Dursban Household Insecticide
28293-211Termi-Chlor Termite Concentrate
28293-321Dursban 1EC Insecticide
PBI/Gordon Corporation33955-540Acme Ant Granules Contains Dursban Insecticide
Start Printed Page 69522
33955-547Acme Dursban Insecticide for Lawns & Ornamentals
33955-550Acme Roach-Rid Brand Home Pest Killer
Pet Chemicals37425-10Adams Surface Spray
37425-24Adams Lawn and Kennel Spray Concentrate
Morgro, Inc.42057-100Dursban (R) Insecticide
CCL Industries Inc.46813-38CCL Crawling Insect Killer I
46813-42CCL Insecticide Foam Spray I
Marman USA, Inc.48273-16Agroban 4E
Gro Tec, Inc.59144-8Ant, Flea & Tick Granules
59144-9Green Charm Dursban 1% Granules
59144-37R & M Yard & Kennel Spray Concentrate
Kop-Coat, Inc.60061-106Woodlife B Clear Wood Preservative
Contract Packaging, Inc.67572-53CP Flea and Brown Dog Tick Granules—S.F.
Speer Products Incorporated68688-3Elite Yard & Kennel Spray
68688-40Elite Dursban 1-12-R144 Insecticide

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 (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 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. Given the potential risks, both dietary and nondietary, that chlorpyrifos use poses, especially to children, EPA intends to grant the requested cancellations at the close of the comment period for this announcement.

C. Requests for Voluntary Amendments to Delete Uses From the Registrations of End-Use Products

Pursuant to section 6(f)(1)(A) of FIFRA, several registrants have also submitted requests to amend their other enduse registrations of pesticide products containing chlorpyrifos to delete the aforementioned uses from any product bearing such use. The registrations for which amendments to delete uses were requested are identified in the following Table 2.

Table 2.—End-Use Product Registration Amendment Requests

CompanyReg. No.Product/SLNs
Whitmire Micro-Gen Research Laboratories, Inc.499-367Whitmire PT 275 Dur-O-Cap Microencapsulated Chlorpyrifos Liquid Concentration
499-405Whitmire PT-1920 Total Release Insecticide
499-413Whitmire TC 100 Intern
499-419Whitmire PT 275 Dur-O-Cap Microencapsulated Chlorpyrifos
The Scotts Company538-98Proturf 30-5-3 Fertilizer Plus Insecticide III
538-111Proturf Insecticide III
538-19124-3-3 Fertilizer Plus Insecticide III
538-226Fertilizer Plus Insecticide/Preemergent Weed Control
Rockland Corporation572-329Urban Insect Spray
Prentiss Incorporated655-441Prentox Residual Concentrate DV-One
655-466Prentox Dursban 2E Insecticide
655-499Prentox Dursban 4E Insecticide
655-696Prentox Pyrifos 0.50 RTU
655-764Prentox Dursban 2.32G Granular Insecticide
655-766Prentox Dursban 1/2G Granular Insecticide
655-786Prentox Pyrifos Residual Spray
655-792Prentox D+2 Insecticide
655-793Prentox Super Brand D+2 Insecticide
Southern Agricultural Insecticides, Inc.829-223SA-50 Dursban .5G Granular insecticide
829-279SA-50 Dursban 2-E Insecticide
829-280SA-50 Dursban 4-E Insecticide
829-291SA-50 Brand Dursban 1% Mole Cricket Bait
829-292SA-50 Brand Dursban 2.5% Granular Insecticide
ISK Biocides, Inc.1022-543Chapcide 4-EC
Universal Cooperatives, Inc.1386-652Security Pro-Turf 1 Insect Control Granules
1386-653Security Pro-Turf 2 Insect Control Granules
1386-613Dursban Lawn and Ornamental Insect Control
1386-615Termite Kill II
1386-649Dursban 4E Insecticide
Wellmark International2724-487Arthitrol 0.5% Dursban Paste Bait
Cessco, Inc.6959-67Cessco Accudose Aerosol for Fire Ant Control
Start Printed Page 69523
Knox Fertilizer Company, Inc.8378-26Dursban 92 with Plant Food
8378-27Dursban 114 + Fertilizer
8378-28Dursban 50 Granular Insecticide
8378-33Dursban 1.14 Granules
8378-342.32 Dursban Granules
The Andersons, Inc.9198-32Turf Care for Lawn Maintenance 38-0-0 with Dursban Brand Insecticide
9198-39Turf Care Dursban 2.5G
9198-68The Andersons 1% Dursban Brand Insecticide
9198-82Tee Time Fertilizer with 0.52% Dursban 30-3-5
9198-84Andersons Tee Time 30-3-5 with 0.65% Dursban
9198-85Tee Time Fertilizer with 0.71% Dursban 30-3-5
9198-98Andersons Tee Time with Team/Dursban I
9198-99Andersons Tee Time 19-5-9 with Team/Dursban
9198-127Twinlight Professional Dursban Lawn Insect Killer
9198-132The Andersons 0.97% Dursban Brand Insecticide
9198-137The Andersons 0.5% Dursban Brand Insecticide
Gowan Company10163-158Gowan Chlorpyrifos 4E
Lesco, Inc.10404-15Lesco 2.32 Granular Insecticide
10404-27Lesco 40-0-0 Fertilizer with Dursban
10404-29Lesco 32-5-7 Fertilizer with Dursban
10404-40Lesco 20-0-10 Fertilizer with Dursban
10404-67Lesco 1% Dursban Granular
10404-81Lesco 0.97 Dursban Granules
Sungro Chemicals, Inc.11474-40Sungro Reside Du
11474-55Sungro Combo Water Base
11474-66Sungro Dursbo
11474-90Sungro Buggone II Residual Insecticide
Rainbow Technology Corporation13283-14Rainbow Fire Ant Killer
13283-17Rainbow KO Fire Ant Killer
Drexel Chemical Company19713-504Regatta 4E
Positive Formulators, Inc.26693-2Killmaster II
Unicorn Laboratories28293-87Unicorn House and Carpet Spray
28293-99Unicorn Dursban Spray
28293-121Unicorn Dursban—Resmethrin Spray
28293-142Unicorn Kennel Spray
28293-149Unicorn House and Carpet Spray II
28293-200Unicorn Dursban 2E
28293-201Unicorn Dursban 2.5% Granules
28293-202Unicorn Dursban 1.0% Granules
28293-203Unicorn Dursban 1%-D Dust
28293-204Unicorn Dursban 4E
28293-205Unicorn Dursban 1-12
28293-210Dursban 1E Insecticide
28293-265Unicorn Dursban 6.7% Insecticide
28293-266Dursban Plus Resmethrin Concentrate
Howard Johnson's Enterprises, Inc.32802-19Dursban Insecticide 0.7 Plus Fertilizer
32802-20Dursban 1.14 Granular Lawn and Turf Insect Control
32802-21Dursban 1.14 Plus Lawn Fertilizer
32802-22Dursban 2.32G
32802-39Dursban .5 Granules Insecticide
32802-49Dursban 100 Granules
Phaeton Corporation47006-5Orlik Dursban granules
Marman USA, Inc.48273-13Pestban 2E
48273-14Pestban TC
48273-19Pestban 4E
Biodyne Americas Corporation59920-1Super IQ Insecticide Coating APT
59920-2Super IQ Insecticide Coating LC

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 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 amendments to delete uses. Given the potential dietary and nondietary risks that chlorpyrifos use poses, especially to children, EPA intends to grant the requested amendments to delete uses at the close of the comment period for this announcement.

III. Proposed Existing Stocks Provisions

The registrants have requested voluntary cancellation of the chlorpyrifos registrations identified in Table 1 and voluntary amendment to terminate certain uses of the chlorpyrifos registrations identified in Table 2. Pursuant to section 6(f) of FIFRA, EPA intends to grant the Start Printed Page 69524requests for voluntary cancellation and amendment. For purposes of the cancellation order that the Agency intends to issue at the close of the comment period for this announcement, the term existing stocks will be defined, pursuant to EPA's existing stocks policy at 56 FR 29362, Wednesday, 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.

1. Distribution, sale or use of products bearing instructions for use on apple trees post-bloom . The distribution or sale of existing stocks by any person of any product listed in Table 1 or 2 that bears instructions for post-bloom application to apple trees (other than tree trunk use) will not be lawful under FIFRA after December 31, 2000. The use of existing stocks of such product for post-bloom application to apple trees (other than tree trunk use) will not be lawful under FIFRA after December 31, 2000. Any other use of such product until that date must be in accordance with the existing labeling of that product.

2. Distribution or sale by registrants of products bearing other uses— (a) restricted use and package size limitations . (i) The distribution or sale by registrants of existing stocks of any EC formulation product listed in Table 1 or 2 will not be lawful under FIFRA after February 1, 2001 unless the product is labeled as restricted use.

(ii) The distribution or sale by registrants of existing stocks of any product listed in Table 1 or 2 labeled for any agricultural use and that is not an EC, will not be lawful under FIFRA after of February 1, 2001, unless the product is either labeled for restricted use or packaged in containers no smaller than 15 gallons of a liquid formulation, 50 pounds of a granular formulation, or 25 pounds of any other dry formulation;

(iii)The distribution or sale by registrants of existing stocks of any product listed in Table 1 or 2 labeled solely for nonagricultural uses (other than containerized baits in CRP) and that is not an EC, will not be lawful under FIFRA after of February 1, 2001, unless the product is either labeled for restricted use or packaged in containers no smaller than 15 gallons of a liquid formulation or 25 pounds of a dry formulation.

(b) Prohibited uses. The distribution or sale of existing stocks by registrants of any product identified in Table 1 or 2 that bears instructions for any of the following uses will not be lawful under FIFRA after February 1, 2001:

(i) Termite control, unless the product bears directions for use of a maximum 0.5% active ingredient chlorpyrifos enduse dilution;

(ii) Post-construction termite control, except for spot and local termite treatment, provided the label of the product states that the product may not be used for spot and local treatment after December 31, 2002;

(iii) Indoor residential except for containerized baits in CRP;

(iv) Indoor non-residential except for containerized baits in CRP and products with formulations other than EC that bear labeling solely for one or more of the following uses: Warehouses, ship holds, railroad boxcars, industrial plants, manufacturing plants, or food processing plants;

(v) Outdoor residential except for products bearing labeling solely for one or more of the following public health uses: Individual fire ant mound treatment by licensed applicators or mosquito control by public health agencies;

(vi) Outdoor non-residential except for products that bear labeling solely for one or more of the following uses: golf courses, road medians, and industrial plant sites, provided the maximum label application rate does not exceed 1lb./ai per acre; mosquito control for public health purposes by public health agencies; individual fire ant mound treatment for public health purposes by licensed applicators; and fence posts, utility poles, railroad ties, landscape timbers, logs, pallets, wooden containers, poles, posts and processed wood products.

3. Retail and other distribution or sale . The retail distribution of existing stocks of products listed in Table 1 or 2 bearing instructions for the prohibited uses set forth above in Unit III.2.(b)(i)(vi) of this Notice will not be lawful under FIFRA after December 31, 2001. Except as provided in the previous sentence or in Units III.1. and III.4. of this Notice, EPA intends to permit distribution or sale of products identified in Table 1 or 2 by persons other than registrants until such stocks are exhausted.

4. Final distribution, sale and use date for pre-construction termite control. The distribution, sale or use of any product listed in Table 1 or 2 bearing instructions for pre-construction termiticide use will not be lawful under FIFRA after December 31, 2005, unless, prior to that date, EPA has issued a written determination that such use may continue consistent with the requirements of FIFRA.

5. Use of existing stocks . Except as provided above in Units III.1. and III.4., 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.

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Dated: November 8, 2000.

Lois Rossi,

Director, Special Review and Reregistration Division, Office of Pesticide Programs.

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[FR Doc. 00-29511 Filed 11-16-00; 8:45 am]

BILLING CODE 6560-50-S