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 Environmental Protection Agency [OPP-34203F; FRL-6758-2]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Notice.
 SUMMARY: This notice announces a cancellation order that was signed November 27, 2000, announcing the use deletions and cancellations as requested by the companies that hold the registrations of pesticide products containing the active ingredient chlorpyrifos and accepted by EPA, pursuant to section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows up a September 20, 2000, notice of receipt of requests for amendments to delete uses and receipt of a request for registration cancellations. In that notice, EPA indicated that it would issue an order confirming the voluntary use deletions and registration cancellations. Any distribution, sale, or use of canceled chlorpyrifos products is only permitted in accordance with the terms of the existing stocks provisions of this cancellation order.
 DATES: The cancellations are effective December 1, 2000.
 FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental 
                        ( print page 76234)
                        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.


SUPPLEMENTARY INFORMATION: 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 to 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-34203D. 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. 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 a number of registrants of pesticide products containing chlorpyrifos agreed to several voluntary measures that will reduce the potential exposure to children associated with chlorpyrifos containing products. Shortly thereafter, EPA and several other pesticide registrants of manufacturing-use products containing chlorpyrifos signed ancillary agreements in which the parties agreed to comply with the terms of the June 7, 2000, agreement. EPA initiated the negotiations with registrants after finding chlorpyrifos, as currently registered, was an exposure risk especially to children. As part of the Agreement, the signatory registrants that hold the pesticide registrations of manufacturing-use pesticide products containing chlorpyrifos have asked EPA to cancel their registrations for these products. In addition, these companies asked EPA to cancel or amend their registrations for end-use products containing chlorpyrifos. Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA announced the Agency's receipt of these requests from the registrants on September 20, 2000 (65 FR 56886). With respect to the registration amendments, the companies 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, containerized baits in CRP, and processed wood products treated during the manufacturing process at the manufacturing site or at the mill); all outdoor non-residential sites (except golf courses, road medians, industrial plant sites, fence posts, utility poles, railroad ties, landscape timbers, logs, pallets, wooden containers, poles, posts, processed wood products, manhole covers and underground utility cable and conduits; 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 tomatoes and post-bloom apple trees. With respect to the registration cancellations, the companies have submitted replacement applications for registration with new labeling that would also eliminate all of these uses. 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. On September 20, 2000, (65 FR 56886) (FRL-6743-7), EPA published in the 
                    **Federal Register**
                     a notice of the Agency's receipt of amendments and cancellations for manufacturing-use products and associated end-use 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 Manufacturing-Use Products Pursuant to the Agreement and FIFRA section 6(f)(1)(A), the registrants have submitted requests for voluntary cancellation of registrations for their manufacturing-use products. The registrations for which cancellations were requested are identified in the following Table 1.
                    ( print page 76235) **Table**
                         1.—
                        **Manufacturing-Use Product Registration Cancellation Requests**
Company
Reg. No.
ProductAventis Environmental Science USA
432-570
Ultratec Insecticide w/ SBP-1382/Chlorpyrifos Trans. E.C. 1.6%_16%432-571
Ultratec Insecticide w/ SBP-1382/Chlorpyrifos Trans.E.C. 3.2% - 16%432-615
Ultratec Insecticide w/Chlorpyrifos Esbiothrin Trans.E.C. 2.5% -25%432-649
Ultratec Insecticide w/ SBP-1382/Chlorpyrifos Trans.E.C. 1.6% - 16%432-661
Ultratec Insecticide w/Chlorpyrifos/Esbiothrin Trans.432-662
Ultratec Insecticide w/ Chlorpyrifos Trans. Emuls. 25%432-682
Ultratec Insecticide w/Chlorpyrifos/Pyr/PBO Trans.Emuls. 1.5 - 7.5 - 15432-692
Ultratec Insecticide w/ SBP-1382/Chlorpyrifos Trans. E.C.3.2%-16% LO432-718
SBP-1382/Chlorpyrifos Trans.E.C. 3.2% - 16% LO For Pres. Spray432-1019
Niagara P-D 5 Residual Insecticide Intermediate432-1095
Pyrenone Dursban Aqueous Base432-1104
Pyrenone Dursban W-B432-1106
Pyrenone Dursban Aqueous Base IIVerdant Brands, Inc.
769-690
SMCP DFC-4 Formulators ConcentrateMcLaughlin Gormley King Company
1021-1215
Pyrocide Intermediate 71291021-1220
D-Trans Intermediate 19571021-1221
Pyrocide Intermediate 71301021-1434
Esbiol Intermediate 22351021-1438
D-Trans Intermediate 22471021-1444
Multicide Intermediate 22531021-1506
D-Trans Intermediate 23211021-1707
Multicide Concentrate 27481021-1717
Multicide Intermediate 2745Griffin LLC
1812-429
Questor MUP InsecticideCheminova, Inc.
4787-27
Chlorpyrifos Technical4787-29
Cyren MUC4787-30
Cyren 150 Concentrate4787-32
Cyren RT3M Company
10350-10
Dursban 20 MECMakhteshim-Agan of North America Inc.
11678-45
Pyrinex Chlorpyrifos InsecticidePlatte Chemical Company
34704-801
Chlorpyrifos TechnicalLuxembourg Industries (Pamol) Ltd.
42519-17
Dorsan TechnicalInsecta Sales & Research, Inc.
45600-6
Insecta No.105Micro-Flo Company
51036-217
Chlorpyrifos 61.5% MUPControl Solutions,Inc.
53883-34
Martin's 6 lb. ChlorpyrifosDow AgroSciences LLC
62719-15
Dursban F Insecticidal Chemical62719-44
Dursban R62719-45
Dursban 30 SEC62719-66
Dursban HF Insecticidal Concentrate62719-76
Lentrek 662719-78
Dursban W Insecticidal Chemical62719-225
XRM-5222Gharda USA, Inc.
70907-1
Chlorpyrifos Technical70907-6
Chlorpyrifos 6 Manufacturing Concentrate70907-14
Chlorpyrifos 4 Manufacturing Concentrate
 In the 
                    **Federal Register**
                     notice published on September 20, 2000, EPA requested public comment on the voluntary cancellation and use deletion requests, and provided a 30-day comment period. The registrants requested that the Administrator waive the 180-day period provided under FIFRA section 6(f)(1)(C). One public comment was submitted to the docket in response to EPA's request for comments.This comment was a generic comment on the overall organophosphate process focusing on the development of a new process for review of the organophosphate pesticides that did not relate to this action specifically. C. Requests for Voluntary Cancellation of End-Use Products In addition to requesting voluntary cancellation of manufacturing-use products, several registrants have submitted requests for voluntary cancellation of some of their registrations for end-use pesticide products containing chlorpyrifos. The end-use registrations for which cancellation was requested are identified in the following Table 2. **Table**
                         2.—
                        **End-Use Product Registration Cancellation Requests**
Company
Reg. No.
ProductAventis Environmental Science USA
432-566
SBP-1382/Chlorpyrifos Transparent Emulsion Spray 0.05% + 0.5%432-567
SBP-1382/Chlorpyrifos Transparent Emulsion Dilutable Conc. 1.6% + 16%432-568
Ultratec Insecticide w/ SBP-1382/ChlorpyTrans. EM.Dil.Conc. 3.2% + 16%432-569
SBP-1382/Chlorpyrifos Transparent Emulsion Spray 0.1 % + 0.5%432-1027
Pyrenone Dursban Roach & Ant Spray432-1059
Pyrenone Dursban Dual Use E.C.432-1101
Aqueous Residual Spray432-1107
Pyrenone Dursban Water-Based Pressurized SprayVerdant Brands, Inc.
769-562
Mole Cricket Bait D769-576
Sureco Indoor Pest Control( print page 76236)769-578
Sureco Yard and Kennel Spray Concentrate769-607
R&M Insect Spray with Resmethrin/Dursban769-666
Dursban 1E Insecticide769-668
SMCP D/V 217 Insecticide769-672
SMCP Residual Roach Spray769-685
SMCP Dursban Household Insecticide769-694
SMCP Xtraban Roach Concentrate769-697
SMCP Dursban Plus Turf Insecticide769-715
SMCP Lawn-Gard Spray769-716
SMCP Lawn and Ornamental Spray769-717
Dursban .8% Granular Insecticide769-721
SMCP Dursban Granular Insecticide769-731
SMCP Home Lawn and Ornamental Spray769-735
SMCP Dursban Cricket Bait 200769-737
SMCP Blatta-Bits Roach Bait Insecticide769-738
Frank's Finest Roach/Flea Spray769-781
AFC Residual Insect Spray769-800
Superior Dursban 4E Emulsifiable Concentrate769-801
Superior Dursban 2E769-804
Superior Delve Concentrate769-826
Sureco T.A.S.K769-827
Dursban Plus Dichlovos769-828
Dursban 1.4% G769-829
SMCP 32-4-7 Fertilizer with Dursban769-831
SMCP 40-0-0 with Dursban769-873
Dursban 135 EC769-880
Pratt Dursban 250 EC769-936
Warner Enterprises Residual Spray769-952
Dursban G5 Granular769-953
Pratt Dursban G232 Granular Lawn Insect Control for Professional Use769-962
Ulti-Mate Homeowner Pest Control ConcentrateMcLaughlin Gormley King Company
1021-1362
Pyrocide Concentrate 72541021-1416
Pyrocide Residual Contact Spray 73351021-1435
Esbiol Residual Contact Spray 22361021-1439
D-Trans Concentrate 22491021-1605
D-Trans Residual Spray 25801021-1668
Evercide Residual Spray 26401021-1693
Evercide Residual Pump Spray 26411021-1716
Multicide Pressurized Ant and Roach Spray 27451Griffin LLC
1812-427
Pyrinex 4EC Insecticide1812-428
Pyrinex 2 EC Area Insecticide1812-443
Questor LO Insecticide3M Company
10350-12
Duratrol Yard Spray ConcentrateLuxembourg Industries (Pamol) Ltd.
42519-18
Dorsan 4E-41Micro-Flo Company
51036-102
Chlorpyrifos 0.5% RTU51036-118
Chlorpyrifos 4E LO Insecticide51036-119
Chlorpyrifos 1E51036-223
Chloroban 4-E51036-303
Chlorpyrifos 5.3%Control Solutions, Inc.
53883-36
Martin's Surrender Chlorpyrifos TC53883-37
Martin's Chlorpyrifos 2E53883-49
Martin's Dursban 1L Lawn and Ornamental Plant Insecticide53883-53
Martin's Dursban Pest Control53883-55
Martin's Termite and Soil Insect ControlDow AgroSciences LLC
62719-22
Dursban 25W62719-23
Lorsban 4E62719-29
Lorsban 1-PE62719-41
Dursban 4 Plus62719-46
Dursban WB0562719-55
Dursban LO62719-56
Dursban 1-12 Insecticide62719-74
Dursban ME62719-85
Lorsban 7.5 G62719-163
Dursban 50 DF62719-197
Dursban WB05 III62719-235
Dursban Lawn and Ornamental Insecticide62719-252
Dursban 50WSP Insecticide in Water Soluble Packets62719-269
Dursban NXS-462719-281
Dursban NXS0562719-283
Dursban ME02 + ETOC62719-284
Dursban NXS-662719-298
Dursban ME 1.7Cheminova, Inc.
67760-5
Cyren 1E67760-22
Cheminova Chlorpyrifos 4E-AG-SG67760-23
Cyren Turf and Ornamental Insecticide67760-24
Cyren 1/2 G Granular Insecticide67760-25
Cyren 1G67760-32
Cyren 2E XLPlatte Chemical Company
2393-245
Hopkins Lincoln Granules34704-305
Hopkins Lincoln Granules34704-413
Dursban 1 Coated Granules34704-449
Clean Crop Chlorpyrifos 1.14G Insecticide and Fertilizer( print page 76237)34704-523
Clean Crop Dursban Insect Spray34704-526
Pest Control for Home and Garden34704-541
Dursban 4E34704-748
Clean Crop Household Insect Spray34704-765
Clean Crop Dursban 1
 In the 
                    **Federal Register**
                     notice published on September 20, 2000, EPA requested public comment on the voluntary cancellation and use deletion requests, and provided a 30-day comment period. The registrants requested that the Administrator waive the 180-day period provided under FIFRA section 6(f)(1)(C). *Requests for voluntary amendments to delete uses from the registrations of end-use products*. Pursuant to section 6(f)(1)(A) of FIFRA, the signatory registrants have also submitted requests to amend all of their other end-use registrations of pesticide products containing chlorpyrifos to delete the aforementioned uses. The registrations for which amendments to delete uses were requested are identified in the following Table 3. **Table**
                         3.—
                        **End-Use Product Registration Amendment Requests**
Company
Reg. No.
Product/SLNsVerdant Brands, Inc.
769-641
Dursban 2E Insecticide769-662
SMCP Dursban .5% Granular Insecticide769-679
Dursban 1% Granular Insecticide769-680
Dursban Mole Cricket Bait769-699
Dursban 4E Insecticide769-726
Dursban 1G Granular Insecticide769-808
Banzol769-825
SMCP Dursban 2.5% G Insecticide769-940
Dursban Plus InsecticideGriffin LLC
1812-403
Chlorfos 4E Insecticide1812-404
Chlorfos 15G3M Company
10350-22
MEC Chlorpyrifos Livestock Premise Spray ConcentratePlatte Chemical Company
34704-55
Clean Crop Chlorpyrifos 1/2G Turf Insecticide34704-65
Chlorpyrifos 2E34704-66
Clean Crop Chlorpyrifos 4E Insecticide34704-423
Dursban 2 Coated Granules34704-448
Clean Crop Dursban 1G Insecticide34704-587
Chlorpyrifos-thiram 7.5-7.5G34704-693
Clean Crop Chlorpyrifos 50WP Seed TreaterLuxembourg Industries (Pamol) Ltd.
42519-19
Dorsan 4E-4542519-20
Dorsan 2E42519-21
Dorsan 4EInsecta Sales & Research, Inc.
45600-1
Insecta45600-11
Insecta 100045600-17
Insecta for ManholesControl Solutions, Inc.
53883-48
Martin's Dursban Insecticide Granules53883-52
Martin's Dursban 21/2% Insecticide GranulesMicro-Flo Company
51036-117
Chlorpyrifos 1/2% Bait51036-122
Micro-flo Chlorpyrifos Termite Concentrate51036-152
Micro-Flo Chlorpyrifos 2E51036-153
Chlorpyrifos1% Bait51036-154
Chlorpyrifos 4-E Insecticide51036-216
Micro-Flo Chlorpyrifos 4E Wood Treatment51036-220
1% Chlorpyrifos Granule51036-247
Chlorpyrifos 2.5% G51036-259
Chlorpyrifos 2.32 Bait51036-263
Chlorpyrifos 1/2% Granule51036-264
Chlorpyrifos 2.32% Granule51036-291
Chlorpyrifos 4 AG51036-300
Chlorpyrifos 15GDow AgroSciences LLC
62719-11
Dursban 4E Insecticide62719-14
Dursban 1/2 G Granular62719-34
Lorsban 15G62719-35
Dursban Turf Insecticide62719-39
Lorsban 50W Wettable Powder (SLNs; FL9000500, GA93000300)62719-47
Dursban TC62719-54
Dursban 1-D Insecticide62719-65
Dursban 2E62719-68
Dursban 50W62719-69
Dursban WT Insecticidal Wood Treatment62719-72
Dursban 50W in Water Soluble Packets62719-77
Lentrek 6 WT62719-88
Dursban ME20 Microencapsulated Insecticide62719-89
Dursban ME04 Microencapsulated Insecticide62719-90
Dursban ME02 Microencapsulated Insecticide62719-166
Dursban Pro62719-167
Equity62719-210
Dursban 1G Insecticide62719-221
Lorsban 50W Insecticide in Water Soluble Packets (SLNs; FL92001000, GA93000400)62719-254
Dursban 4E-N62719-255
Dursban 50W Nursery in Water Soluble Packets( print page 76238)62719-271
Dursban 1F62719-276
Dursban 2.5G62719-293
Dursban 75WG62719-295
Lorsban 30G62719-316
Dursban Plus Fertilizer 2Makhteshim-Agan of North America Inc.
66222-3
Pyrinex Chlorpyrifos 4EC66222-4
Pyrinex Chlorpyrifos Lawn Chinch Bug and Sod Webworm Control66222-5
Pyrinex Chlorpyrifos Lawn and Ornamental Insecticide w/ Dursban 2E66222-6
Pyrinex Chlorpyrifos Dursban 2E Insecticide66222-17
Pyrinex Chlorpyrifos Termiticide ConcentrateCheminova, Inc.
67760-6
Cyren 2E67760-7
Cyren 4E Insecticide67760-10
Cyren TC67760-31
Cyren 2 TCGharda USA, Inc.
70907-2
Regatta 4E Chlorpyrifos Professional Insecticide70907-4
Pilot 4E Chlorpyrifos Agricultural Insecticide70907-7
Navigator 4 TC Chlorpyrifos Termite Concentrate70907-8
Pilot 50W Chlorpyrifos Agricultural Insecticide70907-9
Regatta 50W Chlorpyrifos Professional Insecticide70907-13
Navigator 4WT Chlorpyrifos Wood Treatment Concentrate
 In the 
                    **Federal Register**
                     notice published on September 20, 2000, EPA requested public comment on the voluntary cancellation and use deletion requests, and provided a 30-day comment period. The registrants requested that the Administrator waive the 180-day period provided under FIFRA section 6(f)(1)(C). III. Cancellation Order Pursuant to section 6(f) of FIFRA, EPA is approving the requested use deletions and the requested registration cancellations. Accordingly, the Agency orders that the registrations identified in Table 3 are hereby amended to delete the following uses: All post-construction termite control uses, except spot and local treatment ( use of such products for spot and local treatment will be prohibited after December 31, 2002 by product labeling); all other termite control uses, effective December 31, 2004 (unless EPA has made a decision prior to that date that preconstruction use may continue); 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, non-agricultural uses (except ship holds, industrial plants, manufacturing plants, food processing plants, containerized baits in CRP, and processed wood products treated during the manufacturing process at the manufacturing site or at the mill); all outdoor non-residential, non-agricultural sites (except golf courses, road medians, industrial plant sites, fence posts, utility poles, railroad ties, landscape timbers, logs, pallets, wooden containers, poles, posts, processed wood products, manhole covers and underground utility cable and conduits; 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 tomatoes and post-bloom apple trees (except for tree trunk use). The Agency also orders that the registrations identified in Tables 1 and 2 are hereby canceled. Any distribution, sale, or use of existing stocks of the products identified in Tables 1-3 in a manner inconsistent with the terms of this Order or the Existing Stock Provisions in Unit IV. of this document will be considered a violation of section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of FIFRA. IV. Existing Stocks Provisions For purposes of this Order, the term existing stocks is defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 26, 1991), as those stocks of a registered pesticide product which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the amendment or cancellation. A. Manufacturing-Use Products 1. 
                    *Distribution or sale*. The distribution or sale of existing stocks of any manufacturing-use product identified in Table 1 will not be lawful under FIFRA as of December 27, 2000, except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of Agreement, shipping such stocks for export consistent with the requirements of section 17 of FIFRA, or for proper disposal. 2. 
                    *Use for producing other manufacturing-use products*. The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into any other manufacturing-use product will not be lawful under FIFRA as of December 1, 2000 unless such product bears an EPA-approved label that is consistent with the provisions of the Agreement. 3. 
                    *Use for producing end-use products*
                    —(i) 
                    *Restricted use and package size limitations*. (a) The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into any end-use product that is an emulsifiable concentrate (EC) will not be lawful under FIFRA as of December 1, 2000, unless the end-use product is labeled for restricted use; (b) The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into any end-use product labeled for any agricultural use (other than cattle ear tags) and that is not an EC, will not be lawful under FIFRA as of December 1, 2000, 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; (c) The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into any end-use product labeled solely for non-agricultural uses (other than containerized baits in Child Resistant Packaging (CRP)) and that is not an EC, will not be lawful under FIFRA as of December 1, 2000, unless the product is either labeled for restricted use or 
                    ( print page 76239)
                    packaged in containers no smaller than 15 gallons of a liquid formulation or 25 pounds of a dry formulation. (ii)
                    *Use in products labeled for use on tomatoes or use on apple trees post bloom*. The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into end-use products bearing instructions for use on tomatoes or use on apple trees following bloom (except for tree trunk use) will not be lawful under FIFRA as of December 1, 2000. (iii) 
                    *Use in products labeled for other end-uses*. The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into any end-use product bearing instructions for any of the following uses will not be lawful under FIFRA after December 1, 2000: (a) All termite control uses, unless the end-use product bears directions for use of a maximum 0.5% chlorpyrifos end-use dilution; (b) Post-construction termite control, except for spot and local termite treatment, provided the label of the end-use product states that the product may not be used for spot and local treatment after December 31, 2002; (c) Indoor residential, except for containerized baits in CRP; (d) 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, food processing plants, or processed wood products treated during the manufacturing process at the manufacturing site or at the mill; (e) 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; (f) Outdoor non-residential, non-agricultural 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, processed wood products, manhole covers and underground utility cable and conduits. (iv)
                    *Final use date for any manufacturing-use product labeled for termite control*. The use of existing stocks of any manufacturing-use product identified in Table 1 for formulation into any end-use product labeled for termite control will not be lawful under FIFRA after December 31, 2004, except that EPA will permit the continued use for the manufacture of end-use products labeled solely for pre-construction termite control if EPA has issued a written determination that the pre-construction use may continue consistent with the requirements of FIFRA. 4. 
                    *All other use*. Any use of existing stocks of a canceled manufacturing-use product identified in Table 1 that is not otherwise limited by this order may continue until such stocks are exhausted provided such use is in accordance with the existing label of that product. B. End-Use Products 1.
                    *Distribution, sale of products bearing instructions for use on tomatoes or apple trees post bloom*. The distribution or sale of existing stocks by any person of any product listed in Table 2 or 3 that bears instructions for post-bloom application to apple trees (other than tree trunk use) or use on tomatoes will not be lawful under FIFRA after December 31, 2000, except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of Agreement, shipping such stocks for export consistent with the requirements of section 17 of FIFRA, or proper disposal. Any use of such products for post-bloom application to apple trees (other than tree trunk use) or tomatoes will not be lawful after December 31, 2000. All other use of such products may continue until stocks are exhausted, provided such use is in accordance with the existing labeling of that product. 2. 
                    *Distribution or sale by registrants of products bearing other uses*
                    — (i) 
                    *Restricted use and package size limitations*. Except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of Agreement, shipping for export consistent with the requirements of section 17 of FIFRA, or proper disposal: (a) The distribution or sale by registrants of existing stocks of any EC formulation product listed in Table 2 or 3 that is an EC will not be lawful under FIFRA after February 1, 2001 unless the product is labeled as restricted use; (b) The distribution or sale by registrants of existing stocks of any product listed in Table 2 or 3 labeled for any agricultural use and that is not an EC, will not be lawful under FIFRA after 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; (c) The distribution or sale by registrants of existing stocks of any product listed in Table 2 or 3 labeled solely for non-agricultural 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. (ii)
                    *Prohibited uses*. Except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of Agreement, shipping for export consistent with the requirements of section 17 of FIFRA, or proper disposal, the distribution or sale of existing stocks by registrants of any product identified in Table 2 or 3 that bears instructions for any of the following uses will not be lawful under FIFRA after February 1, 2001: (a) Termite control, unless the product bears directions for use of a maximum 0.5% active ingredient chlorpyrifos end-use dilution; (b) 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; (c) Indoor residential except for containerized baits in CRP; (d) 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, food processing plants, or processed wood products treated during the manufacturing process at the manufacturing site or at the mill; (e) 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; (f) Outdoor non-residential, non-agricultural 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 
                    ( print page 76240)
                    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, processed wood products, manhole covers, and underground utility cable and conduits. 3. 
                    *Retail and other distribution or sale*,. The retail sale of existing stocks of products listed in Table 2 or 3 bearing instructions for the prohibited uses set forth in Unit IV.B.2.(ii)(a)-(f) of this document will not be lawful under FIFRA after December 31, 2001. Except as otherwise provided in this order, any other distribution or sale (for example, return to the manufacturer for relabeling) is permitted until stocks are exhausted. 4. 
                    *Final distribution, sale and use date for preconstruction termite control*. The distribution, sale or use of any product listed in Table 2 or 3 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 for products bearing those uses identified above in Units IV.B.1. and IV.B.4. of this document, EPA intends to permit the use of existing stocks of products listed in Table 2 or 3 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 27, 2000. Jack E. Housenger, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs.


[FR Doc. 00-30917 Filed 12-5-00; 8:45 am] BILLING CODE 6560-50-S