[Federal Register Volume 65, Number 223 (Friday, November 17, 2000)]
[Notices]
[Pages 69518-69524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29511]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34203E; FRL-6753-3]


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

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice.

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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.

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: <a href="/cdn-cgi/l/email-protection#89e4f0ecfbfaa7fde6e4c9ecf9e8a7eee6ff"><span class="__cf_email__" data-cfemail="6d0014081f1e431902002d081d0c430a021b">[email protected]</span></a>.

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: <a href="/cdn-cgi/l/email-protection#6d021d1d4009020e0608192d081d0c430a021b"><span class="__cf_email__" data-cfemail="3e514e4e135a515d555b4a7e5b4e5f10595148">[email protected]</span></a>, or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be

[[Page 69519]]

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-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
------------------------------------------------------------------------
            Company                   Reg. No.             Product
------------------------------------------------------------------------
Verdant Brands, Inc              70-178              Dursban 1/2G
                                                      Granular
                                                      Insecticide
                                 70-180              Dursban Lawn &
                                                      Ornamental Spray
                                 70-184              Kill-Ko Dursban 1G
                                                      Granular
                                                      Insecticide
                                 70-228              Home Pest Insect
                                                      Killer
                                 70-232              Rigo Dursban 2EC
                                                      Liquid Insecticide
                                 70-255              Rigo Home Pest
                                                      Control
                                 70-286              Rigo Dursban 1E
                                                      Insecticide
                                 70-290              Rigo's Best Termite
                                                      Killer
Dexol, A Division of Verdant     192-141             Dexol Dexa-Klor
 Brands, Inc                                          Granules Soil
                                                      Insect Control
                                 192-142             Dexol Dexa-Klor
                                                      Insect Spray
                                 192-151             Dexol Dexa-Klor
                                                      Pest Control
                                                      Indoor Insect
                                                      Killer

[[Page 69520]]

 
                                 192-171             Dexol Roach,
                                                      Cricket and Spider
                                                      Dust
                                 192-173             Dexol Termite and
                                                      Lawn Insect Killer
                                 192-180             Dexol Dursban
                                                      Granules Insect
                                                      Control
                                 192-192             Dexol Predator Home
                                                      Insect Killer II
Whitmire Micro-Gen Research      499-147             Whitmire PT 270
 Laboratories, Inc.                                   Dursban
                                 499-256             Whitmire
                                                      Chlorpyrifos
                                                      Pressurized
                                                      Residual Spray
                                 499-270             Whitmire 1-12
                                                      Insecticide
                                 499-292             Whitmire PT 279
                                                      Engage Residual
                                                      Injection System
                                 499-315             Whitmire Duration
                                                      PT 275
                                 499-317             Whitmire 1-6
                                                      Insecticide
                                 499-364             Whitmire PT 1900
                                                      Total Release
                                                      Insecticide
                                 499-379             Whitmire PT 479
                                                      Regulator
                                 499-423             Whitmire TC-135
                                                      Chlorpyrifos MC
                                 499-424             Whitmire TC-160
                                                      Microencapsulated
                                                      Termiticide
                                 499-448             Whitmire TC 151
                                                      Bait
Walco-Linck Company              506-158             TAT Flea & Tick
                                                      Killer with
                                                      Residual Action
                                 506-164             TAT Roach & Ant
                                                      Killer II
The Scotts Company               538-69              Scotts Western Lawn
                                                      Insect Control
                                 538-94              Scotts Western Lawn
                                                      Insect Control
                                                      Plus Fertilizer
                                 538-140             Summer Insect and
                                                      Disease Control
                                                      Plus Lawn
                                                      Fertilizer
                                 538-153             Scotts Proturf
                                                      Insect Control
                                                      Plus Fertilizer
                                 538-154             Scotts Summer
                                                      Insect Control
                                                      Plus Fertilizer
                                                      For Lawns
Rockland Corporation             572-213             Rockland
                                                      Insecticide for
                                                      Wood Destroying
                                                      Pests
                                 572-219             Rockland Super
                                                      Professional
                                                      Dursban Chinch Bug
                                                      Killer
Indy Specialty Products, Inc.    654-131             Klor-Ban
                                                      Concentrate
Prentiss Incorporated            655-577             Prentox Residual
                                                      Insect Spray #2
                                 655-739             Prentox Pyrifos 0.5
                                                      Water Base
                                                      Insecticide
                                 655-743             Prentox Pyrifos 1E
The Garden Grow Company          802-530             Lilly/Miller
                                                      Chlorban Insect
                                                      Spray
                                 802-532             Lilly/Miller
                                                      Chlorban Insect
                                                      Granules
                                 802-560             Lilly/Miller 1%
                                                      Chlorban Insect
                                                      Granules
                                 802-595             Lilly/Miller Hose'n
                                                      Go Ant, Flea &
                                                      Tick Killer
Southern Agricultural            829-250             Home & Garden Home
 Insecticides, Inc.                                   Pest Control Spray
                                 829-281             SA-50 Brand Home
                                                      Pest Control
                                                      Concentrate
Green Light Company              869-158             Green Light Dursban
                                                      Granules
                                 869-168             Green Light Many
                                                      Purpose Dursban
                                                      Granules
                                 869-172             Green Light Borer
                                                      Killer II
                                 869-184             Green Light Fire
                                                      Ant Killer
                                 869-185             Green Light House
                                                      Plant Spray II
                                 869-191             Green Light Indoor
                                                      Flea & Tick Spray
                                 869-205             Green Light Ready-
                                                      to-Use Fire Ant
                                                      Mound Drench
                                 869-209             Green Light Dursban
                                                      5% Granules
                                 869-210             Green Light Double
                                                      Dursban Granules
                                 869-221             Green Light Many
                                                      Purpose Dursban
                                                      Concentrate II
The Garden Grow Company          909-94              Cooke Act Plus Lawn
                                                      Insecticide
                                 909-108             Cooke Ant Barrier
Agriliance                       1381-149            Green Velvet Lawn
                                                      Food Plus Insect
                                                      Control
Universal Cooperatives, Inc.     1386-627            Red Panther Dursban
                                                      Granular Turf and
                                                      Lawn Insecticide
                                 1386-628            Red Panther Dursban
                                                      1
                                 1386-659            Agway Insect Spray
I. Schneid                       2155-127            KR-24
PBI/Gordon Corporation           2217-646            Gordon's Dursban
                                                      Turf Insecticide
Sergeant's                       2517-52             Sergeant's Flea &
                                                      Tick Collar
                                 2517-57             Sergeant's Fast-
                                                      Acting Flea & Tick
                                                      Collar for Dogs
Hartz                            2596-135            Hartz 330 Day Flea
                                                      & Tick Collar for
                                                      Dogs
Wellmark International           2724-327            Zoecon RF-150 Yard
                                                      and Kennel Spray
                                 2724-486            Arthitrol 0.5%
                                                      Dursban (Granular)
                                                      Ant and Roach Bait
Coyne Chemical Company           3050-136            Coyne Formula No.
                                                      101
ABC Compounding                  3862-93             Assault
                                 3862-126            WB Residual
                                                      Pressurized Spray
BETCO                            4170-78             RA26 Residual
                                                      Insecticide Spray
Combe Incorporated               4306-15             Sulfodene Scratchex
                                                      Flea and Tick
                                                      Collar for Dogs
Pet Chemicals                    4758-135            Holiday Flea & Tick
                                                      Killer
S.C. Johnson & Son, Inc.         4822-152            Raid Treatment for
                                                      Crawling Insects
                                 4822-189            Raid Liquid Roach &
                                                      Ant Killer Formula
                                                      I
                                 4822-226            Raid Tree Guard
                                                      Spray
                                 4822-230            Raid Outdoor Flea
                                                      Killer
                                 4822-231            Raid Gypsy Moth &
                                                      Japanese Beetle
                                                      Killer II
                                 4822-232            Raid Gypsy Moth &
                                                      Japanese Beetle
                                                      Killer
                                 4822-236            Raid Tree Guard
                                                      Spray Formula II
                                 4822-238            Raid Home Insect
                                                      Killer Formula II
                                 4822-263            Raid Fire Ant
                                                      Killer

[[Page 69521]]

 
                                 4822-264            Raid Fire Ant
                                                      Killer Formula 2
                                 4822-275            Raid Outdoor Insect
                                                      Killer
                                 4822-382            Raid Wasp & Hornet
                                                      Killer
                                 4822-390            Raid Wasp & Hornet
                                                      Killer Formula XII
                                 4822-402            Raid Max Roach Bait
                                                      III
                                 4822-412            Raid Wasp & Hornet
                                                      Killer ND
                                 4822-451            Raid Wasp & Hornet
                                                      Killer AD
                                 4822-498            PA Formula #2
Verdant Brands, Inc              5887-144            Black Leaf Dursban
                                 5887-177            Ready-to-Use Ant,
                                                      Roach, Flea and
                                                      Spider Spray
Midco Products Company, Inc.     6658-42             Pyreban-3
Carl Pool Products               6926-11             Carl Pool Lawn and
                                                      Turf Food Plus
                                                      Dursban 15-5-10
Cessco, Inc.                     6959-73             Cessco ID Residual
                                                      Insecticide
Carter-Wallace, Inc.             8220-38             Victory 12 Full
                                                      Year Collar with
                                                      Dursban
                                                      Insecticide for
                                                      Large Dogs
                                 8220-39             Victory II Full
                                                      Season Cat Collar
Robinson Associates              8278-6              Metro (Tested)
                                                      Soildrin D
Pursell Industries, Inc.         8660-10             Sta-Green Law Pest
                                                      Control &
                                                      Fertilizer 25-3-3
                                 8660-13             Sta-Green Lawn Pest
                                                      Control &
                                                      Fertilizer A
                                 8660-14             Sta-Green Lawn Pest
                                                      Control &
                                                      Fertilizer B
                                 8660-78             Dursban Lawn Insect
                                                      Control
                                 8660-88             Dursban Granules
                                 8660-94             Green Up Insect &
                                                      Grub Control with
                                                      Dursban
                                 8660-97             Dursban 4E
                                                      Insecticide
                                 8660-102            Dursban Plus
                                 8660-108            VertaGreen Dursban--
                                                      DDVP 1.25 Turf
                                                      Insecticide
                                 8660-109            VertaGreen Dursban--
                                                      DDVP 2.50 Turf
                                                      Insecticide
                                 8660-110            VertaGreen Home
                                                      Pest Killer
                                 8660-122            Lawn & Ornamental
                                                      Insect Spray
                                                      Concentrate
                                 8660-123            Vertagreen Dursban
                                                      0.5% Granules
                                 8660-152            VertaGreen
                                                      Professional Turf
                                                      Food with Dursban
                                 8660-177            Golden Vigoro
                                                      Insect Control
                                                      Plus Lawn
                                                      Fertilizer
                                 8660-182            Green Turf Lawn
                                                      Food with Insect
                                                      Control
                                 8660-193            Ideal 18 Insect
                                                      Control Plus Lawn
                                                      Fertilizer
                                 8660-194            Ideal 20 Insect
                                                      Control Plus Lawn
                                                      Fertilizer
                                 8660-195            Ideal 25 Insect
                                                      Control Plus Lawn
                                                      Fertilizer
                                 8660-203            Koos Dursban 1.00
                                                      Granules
                                 8660-213            Par Ex Slow Release
                                                      Fertilizer Plus
                                                      Insect Control
                                 8660-232            Vigoro 2.32
                                                      Insecticide
                                                      Granules
                                 8660-239            Vigoro Granular
                                                      Cinch Bug Control
                                 8660-240            Vigoro Insect
                                                      Control Plus Lawn
                                                      Fertilizer for
                                                      Texas Turf
Sherwin-Williams Company         10900-67            858 P.D. Aqueous
                                                      Roach & Ant Spray
Illinois Tool Works, Inc.        11694-91            Duramist
Speer Products Incorporated      11715-70            Speer Roach & Ant
                                                      Killer
                                 11715-97            Magic Guard Dursban
                                                      Ant & Roach
                                                      Pressurized Spray
                                 11715-99            Magic Guard Ant &
                                                      Roach Killer
                                 11715-110           Mug-A-Bug
                                                      Professional
                                                      Strength
                                                      Insecticide
                                 11715-132           Better World Ready-
                                                      to-use Insecticide
                                 11715-133           Mug-A-Bug II
                                                      Professional
                                                      Strength
                                                      Insecticide
                                 11715-139           SPI Spot Treatment
                                                      Spray
                                 11715-142           SPI Ant & Roach
                                                      Spray
                                 11715-163           Speer Transparent
                                                      Emulsion Spray
                                                      0.1% + 0.5%
                                 11715-298           Pro-Tect Home Pest
                                                      Control
                                 11715-299           Speer Point Five
                                                      Chlorpyrifos
                                                      Aerosol
                                 11715-306           Speer Cyfluthrin
                                                      Flea Killer
                                 11715-312           Speer D-Trans
                                                      Residual Spray
                                                      with Nylar
                                 11715-324           SPI Chlorpyrifos
                                                      Wasp & Hornet
                                                      Spray
                                 11715-326           SPI Chlorpyrifos
                                                      Pet Area Treatment
                                                      with Nylar
                                 11715-327           Security Granulated
                                                      Chinch Bug Killer
Louisiana Chemical USA, Inc.     11746-15            Davis Kill-A-Bug XI
                                 11746-16            Davis Kill-A-Bug
                                                      XII
Rainbow Technology Corporation   13283-8             Rainbow Insect
                                                      Control
                                 13283-15            Rainbow Liquid RTU
                                                      Fire Ant Killer
Positive Formulators, Inc.       26693-3             6 Months Pest
                                                      Control
                                 26693-5             Killmaster II CC
Unicorn Laboratories             28293-35            Unicorn 30 Flea
                                                      Spray
                                 28293-49            Unicorn Yard &
                                                      Kennel Spray
                                                      Concentrate
                                 28293-103           Unicorn House &
                                                      Carpet Spray WB
                                 28293-104           Unicorn Dursban
                                                      Household
                                                      Insecticide
                                 28293-211           Termi-Chlor Termite
                                                      Concentrate
                                 28293-321           Dursban 1EC
                                                      Insecticide
PBI/Gordon Corporation           33955-540           Acme Ant Granules
                                                      Contains Dursban
                                                      Insecticide

[[Page 69522]]

 
                                 33955-547           Acme Dursban
                                                      Insecticide for
                                                      Lawns &
                                                      Ornamentals
                                 33955-550           Acme Roach-Rid
                                                      Brand Home Pest
                                                      Killer
Pet Chemicals                    37425-10            Adams Surface Spray
                                 37425-24            Adams Lawn and
                                                      Kennel Spray
                                                      Concentrate
Morgro, Inc.                     42057-100           Dursban (R)
                                                      Insecticide
CCL Industries Inc.              46813-38            CCL Crawling Insect
                                                      Killer I
                                 46813-42            CCL Insecticide
                                                      Foam Spray I
Marman USA, Inc.                 48273-16            Agroban 4E
Gro Tec, Inc.                    59144-8             Ant, Flea & Tick
                                                      Granules
                                 59144-9             Green Charm Dursban
                                                      1% Granules
                                 59144-37            R & M Yard & Kennel
                                                      Spray Concentrate
Kop-Coat, Inc.                   60061-106           Woodlife B Clear
                                                      Wood Preservative
Contract Packaging, Inc.         67572-53            CP Flea and Brown
                                                      Dog Tick Granules--
                                                      S.F.
Speer Products Incorporated      68688-3             Elite Yard & Kennel
                                                      Spray
                                 68688-40            Elite 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
------------------------------------------------------------------------
            Company                    Reg. No.          Product/SLNs
------------------------------------------------------------------------
Whitmire Micro-Gen Research      499-367             Whitmire PT 275 Dur-
 Laboratories, Inc.                                   O-Cap
                                                      Microencapsulated
                                                      Chlorpyrifos
                                                      Liquid
                                                      Concentration
                                 499-405             Whitmire PT-1920
                                                      Total Release
                                                      Insecticide
                                 499-413             Whitmire TC 100
                                                      Intern
                                 499-419             Whitmire PT 275 Dur-
                                                      O-Cap
                                                      Microencapsulated
                                                      Chlorpyrifos
The Scotts Company               538-98              Proturf 30-5-3
                                                      Fertilizer Plus
                                                      Insecticide III
                                 538-111             Proturf Insecticide
                                                      III
                                 538-191             24-3-3 Fertilizer
                                                      Plus Insecticide
                                                      III
                                 538-226             Fertilizer Plus
                                                      Insecticide/
                                                      Preemergent Weed
                                                      Control
Rockland Corporation             572-329             Urban Insect Spray
Prentiss Incorporated            655-441             Prentox Residual
                                                      Concentrate DV-One
                                 655-466             Prentox Dursban 2E
                                                      Insecticide
                                 655-499             Prentox Dursban 4E
                                                      Insecticide
                                 655-696             Prentox Pyrifos
                                                      0.50 RTU
                                 655-764             Prentox Dursban
                                                      2.32G Granular
                                                      Insecticide
                                 655-766             Prentox Dursban 1/
                                                      2G Granular
                                                      Insecticide
                                 655-786             Prentox Pyrifos
                                                      Residual Spray
                                 655-792             Prentox D+2
                                                      Insecticide
                                 655-793             Prentox Super Brand
                                                      D+2 Insecticide
Southern Agricultural            829-223             SA-50 Dursban .5G
 Insecticides, Inc.                                   Granular
                                                      insecticide
                                 829-279             SA-50 Dursban 2-E
                                                      Insecticide
                                 829-280             SA-50 Dursban 4-E
                                                      Insecticide
                                 829-291             SA-50 Brand Dursban
                                                      1% Mole Cricket
                                                      Bait
                                 829-292             SA-50 Brand Dursban
                                                      2.5% Granular
                                                      Insecticide
ISK Biocides, Inc.               1022-543            Chapcide 4-EC
Universal Cooperatives, Inc.     1386-652            Security Pro-Turf 1
                                                      Insect Control
                                                      Granules
                                 1386-653            Security Pro-Turf 2
                                                      Insect Control
                                                      Granules
                                 1386-613            Dursban Lawn and
                                                      Ornamental Insect
                                                      Control
                                 1386-615            Termite Kill II
                                 1386-649            Dursban 4E
                                                      Insecticide
Wellmark International           2724-487            Arthitrol 0.5%
                                                      Dursban Paste Bait
Cessco, Inc.                     6959-67             Cessco Accudose
                                                      Aerosol for Fire
                                                      Ant Control

[[Page 69523]]

 
Knox Fertilizer Company, Inc.    8378-26             Dursban 92 with
                                                      Plant Food
                                 8378-27             Dursban 114 +
                                                      Fertilizer
                                 8378-28             Dursban 50 Granular
                                                      Insecticide
                                 8378-33             Dursban 1.14
                                                      Granules
                                 8378-34             2.32 Dursban
                                                      Granules
The Andersons, Inc.              9198-32             Turf Care for Lawn
                                                      Maintenance 38-0-0
                                                      with Dursban Brand
                                                      Insecticide
                                 9198-39             Turf Care Dursban
                                                      2.5G
                                 9198-68             The Andersons 1%
                                                      Dursban Brand
                                                      Insecticide
                                 9198-82             Tee Time Fertilizer
                                                      with 0.52% Dursban
                                                      30-3-5
                                 9198-84             Andersons Tee Time
                                                      30-3-5 with 0.65%
                                                      Dursban
                                 9198-85             Tee Time Fertilizer
                                                      with 0.71% Dursban
                                                      30-3-5
                                 9198-98             Andersons Tee Time
                                                      with Team/Dursban
                                                      I
                                 9198-99             Andersons Tee Time
                                                      19-5-9 with Team/
                                                      Dursban
                                 9198-127            Twinlight
                                                      Professional
                                                      Dursban Lawn
                                                      Insect Killer
                                 9198-132            The Andersons 0.97%
                                                      Dursban Brand
                                                      Insecticide
                                 9198-137            The Andersons 0.5%
                                                      Dursban Brand
                                                      Insecticide
Gowan Company                    10163-158           Gowan Chlorpyrifos
                                                      4E
Lesco, Inc.                      10404-15            Lesco 2.32 Granular
                                                      Insecticide
                                 10404-27            Lesco 40-0-0
                                                      Fertilizer with
                                                      Dursban
                                 10404-29            Lesco 32-5-7
                                                      Fertilizer with
                                                      Dursban
                                 10404-40            Lesco 20-0-10
                                                      Fertilizer with
                                                      Dursban
                                 10404-67            Lesco 1% Dursban
                                                      Granular
                                 10404-81            Lesco 0.97 Dursban
                                                      Granules
Sungro Chemicals, Inc.           11474-40            Sungro Reside Du
                                 11474-55            Sungro Combo Water
                                                      Base
                                 11474-66            Sungro Dursbo
                                 11474-90            Sungro Buggone II
                                                      Residual
                                                      Insecticide
Rainbow Technology Corporation   13283-14            Rainbow Fire Ant
                                                      Killer
                                 13283-17            Rainbow KO Fire Ant
                                                      Killer
Drexel Chemical Company          19713-504           Regatta 4E
Positive Formulators, Inc.       26693-2             Killmaster II
Unicorn Laboratories             28293-87            Unicorn House and
                                                      Carpet Spray
                                 28293-99            Unicorn Dursban
                                                      Spray
                                 28293-121           Unicorn Dursban--
                                                      Resmethrin Spray
                                 28293-142           Unicorn Kennel
                                                      Spray
                                 28293-149           Unicorn House and
                                                      Carpet Spray II
                                 28293-200           Unicorn Dursban 2E
                                 28293-201           Unicorn Dursban
                                                      2.5% Granules
                                 28293-202           Unicorn Dursban
                                                      1.0% Granules
                                 28293-203           Unicorn Dursban 1%-
                                                      D Dust
                                 28293-204           Unicorn Dursban 4E
                                 28293-205           Unicorn Dursban 1-
                                                      12
                                 28293-210           Dursban 1E
                                                      Insecticide
                                 28293-265           Unicorn Dursban
                                                      6.7% Insecticide
                                 28293-266           Dursban Plus
                                                      Resmethrin
                                                      Concentrate
Howard Johnson's Enterprises,    32802-19            Dursban Insecticide
 Inc.                                                 0.7 Plus
                                                      Fertilizer
                                 32802-20            Dursban 1.14
                                                      Granular Lawn and
                                                      Turf Insect
                                                      Control
                                 32802-21            Dursban 1.14 Plus
                                                      Lawn Fertilizer
                                 32802-22            Dursban 2.32G
                                 32802-39            Dursban .5 Granules
                                                      Insecticide
                                 32802-49            Dursban 100
                                                      Granules
Phaeton Corporation              47006-5             Orlik Dursban
                                                      granules
Marman USA, Inc.                 48273-13            Pestban 2E
                                 48273-14            Pestban TC
                                 48273-19            Pestban 4E
Biodyne Americas Corporation     59920-1             Super IQ
                                                      Insecticide
                                                      Coating APT
                                 59920-2             Super 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

[[Page 69524]]

requests 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.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.


    Dated: November 8, 2000.
Lois Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 00-29511 Filed 11-16-00; 8:45 am]
BILLING CODE 6560-50-S


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