[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Pages 34184-34189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16125]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34203H; FRL-6780-6]


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 end-use 
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 non-dietary, 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.

DATES:  Comments, identified by docket control number OPP-34203F, must 
be received on or before July 27, 2001. Comments on the requested 
amendments to delete uses and the requested registration cancellations 
must be submitted to the address provided below and identified by 
docket control number OPP-34203F.

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-34203F 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#3954405c4b4a174d5654795c4958175e564f"><span class="__cf_email__" data-cfemail="bfd2c6dacdcc91cbd0d2ffdacfde91d8d0c9">[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. The third part proposes existing stock provisions that 
will be set forth in the cancellation order that the Agency

[[Page 34185]]

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-34203F. 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-34203F in the subject line on 
the first page of your response.
    1.  By mail. Submit your comments to: Public Information and 
Records Integrity Branch (PIRIB), Information Resources and Services 
Division (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2.  In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3.  Electronically. You may submit your comments electronically by 
e-mail to: <a href="/cdn-cgi/l/email-protection#a0cfd0d08dc4cfc3cbc5d4e0c5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="58372828753c373b333d2c183d2839763f372e">[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 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-34203F. 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 announced the Agency's

[[Page 34186]]

receipt of these requests from the registrants on November 17, 2000 (65 
FR 69518). 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, 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). 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.
    In the Federal Register of September 20, 2000, (65 FR 56886) (FRL-
6743-7), EPA published a notice of the Agency's receipt of amendments 
and cancellations for manufacturing use products and associated end use 
products for signatories of the Agreement signed on June 7, 2000 and 
subsequent ancillary agreements. These requests were submitted as a 
result of the Agreement that was signed on June 7, 2000 between EPA and 
the basic manufacturers of chlorpyrifos. A copy of the 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
------------------------------------------------------------------------
P.F. Harris Manufacturing         3-5                 Formula BF-101
 Company                                               (Roach and Ant
                                                       Killer)
Bonide Products, Inc.             4-207               Bonide Dursban 5
                                                       Lawn Insect
                                                       Control Granules
                                  4-308               Bonide Home Pest
                                                       Control
                                  4-319               Bonide Home Pest
                                                       Control
                                                       Concentrate
                                  4-320               Bonide Termite and
                                                       Carpenter Ant
                                                       Control
                                  4-364               Pyrenone Dursban
                                                       Roach and Ant
                                                       Spray
                                  4-421               Dursban
Dexol, A Division of Verdant      192-207             Dexol Pest Free
 Brands, Inc.                                          Insect Killer
Prentiss Incorporated             655-696             Prentox Pyrifos
                                                       0.50 RTU
                                  655-792             Prentox D+2
                                                       Insecticide
                                  655-793             Prentox Super
                                                       Brand D+2
                                                       Insecticide
Lebanon Seaboard Corporation      961-261             Greenskeeper
                                                       Chinch Bug
                                                       Control
                                  961-275             Lebanon Lawn Food
                                                       19-4-4 w/Insect &
                                                       Grub Control
                                  961-326             Agrico Country
                                                       Club Insect
                                                       Control
NCH Corporation                   1769-281            Trail-Blazer
                                  1769-330            Dichloran L.O.
Wellmark International            2724-471            Methoprene/
                                                       Chlorpyrifos
                                                       Combination
                                                       Collar for Dogs
Happy Jack, Inc.                  2781-20             Happy Jack Tri-
                                                       Plex Flea and
                                                       Mange Collar
                                  2781-35             Happy Jack 3x
                                                       Flea, Tick and
                                                       Mange Collar for
                                                       Cats
                                  2781-47             Sardex
PIC Corporation                   3095-46             PIC Roach, Ant and
                                                       Spider Killer 2
                                  3095-54             PIC Pest Control
                                  3095-64             PIC Roach Control
                                                       III
Combe, Incorporated               4306-16             Sulfodene
                                                       Scratchex Flea
                                                       and Tick Collar
                                                       for Cats
J.C. Ehrlich Chemical Co, Inc.    4704-41             Roach and Ant
                                                       Killer 2
Hub States, LLC                   5602-204            Hub States
                                                       Residual Crack/
                                                       Crevice
Voluntary Purchasing Group        7401-293            Hi-Yield Special
                                                       Kill-A-Bug Lawn
                                                       Granules
                                  7401-294            Hi-Yield Dursban
                                                       Spray
                                  7401-296            Hi-Yield Mole
                                                       Cricket Bait
                                                       Containing
                                                       Dursban
                                  7401-313            Ferti-Lome Spider
                                                       Spray
                                  7401-314            Ferti-Lome Flea &
                                                       Tick Spray
                                  7401-347            Hi-Yield Dursban
                                                       Garden Dust
                                  7401-350            Hi-Yield Borer
                                                       Killer Containing
                                                       Dursban
                                  7401-364            Ferti-Lome Fire
                                                       Ant Killer
                                  7401-371            Improved Ferti-
                                                       lome Cricket &
                                                       Grasshopper Bait
                                  7401-416            Hi-Yield Termite
                                                       and Soil Insect
                                                       Killer
                                  7401-417            Hi-Yield ready to
                                                       Use Flea and Tick
                                                       Killer
                                  7401-419            Hi-Yield Mole
                                                       Cricket Killer
                                  7401-423            Hi-Yield Kill-A-
                                                       Bug Lawn Granules
                                  7401-448            Dursban-1E Insect
                                                       Control

[[Page 34187]]

 
Spectrum Group, Division of       8845-21             Rid-A-Bug Home
 United Industries Corp.                               Insect Killer
                                                       Brand AZ5
                                  8845-30             Rid-A-Bug
                                                       Concentrate Brand
                                                       DD7-2 Home Insect
                                                       Killer
                                  8845-31             Rid-A-Bug Flea and
                                                       Tick Brand TF-5
                                                       Killer
Theochem Laboratories, Inc.       9367-29             Aqua-Sect Water
                                                       Base Insecticide
Waterbury Companies Inc.          9444-90             CB Aqueous Crack
                                                       and Crevice
                                                       Insecticide
                                  9444-93             Dursban Crack and
                                                       Crevice
                                                       Insecticide
                                  9444-103            CB Flea & Tick
                                                       Spray
Chemisco, Division of United      9688-42             Chemisco Ant and
 Industries Corp.                                      Roach Killer A
                                  9688-47             Ant and Roach
                                                       Killer IV
                                  9688-62             Chemisco Wasp and
                                                       Hornet Killer IV
                                  9688-75             Chemisco
                                                       Microencapsulated
                                                       Ant and Roach
                                                       Killer
                                  9688-88             Chemisco Lawn &
                                                       Garden Granules
                                  9688-95             Chemisco Insect
                                                       Control
                                                       Concentrate A
                                  9688-96             Chemisco Insect
                                                       Control
                                                       Concentrate B
Lesco, Inc.                       10404-30            Lesco Lawn &
                                                       Ornamental 4.E
                                                       Plant Insecticide
Hi-Yield Chemical Company         34911-12            Hi-Yield Kill-A-
                                                       Bug Lawn Granules
                                  34911-17            Hi-Yield Kill-A-
                                                       Bug
                                  34911-18            Hi-Yield Fire Ant
                                                       Killer
St Jon Laboratories, Inc.         45087-40            Zema 11 Month
                                                       Collar for Dogs
Celex, Division of United         46515-13            Super K-Gro Home
 Industries Corp.                                      Pest Insect
                                                       Control
                                  46515-51            Dursban Insect
                                                       Spray
Chem-Tech, Ltd.                   47000-60            Household
                                                       Insecticide (with
                                                       Dursban)
Alljack, Division of United       49585-16            Super K Gro
 Industries Corp.                                      Dursban 1/2 G
                                                       Granular
                                                       Insecticide
                                  49585-17            Super K Gro
                                                       Dursban Grub and
                                                       Insect Control
                                  49585-18            Super K Gro Mole
                                                       Cricket Bait
PM Resources, Inc                 67517-28            Roach and Ant
                                                       Insecticide
Black Flag                        69421-31            Black Flag Roach
                                                       Control System
                                  69421-54            Black Flag Liquid
                                                       Roach & Ant
                                                       Killer
Health and Environmental          71076-1             The Sprinklelizer
 Horizons, Ltd                                         System
OMS Investments, Inc.             71949-1             Ford's Dursban 1/2
                                                       G
                                  71949-4             Ford's Lawn
                                                       Granules
                                  71949-5             Ford's Roach Bait
                                  71949-6             Ford's Dursban
                                                       2.5% G Granular
                                                       Insecticide
                                  71949-7             Ford's Aquakill
                                                       Plus Roach Spray
                                  71949-8             Ford's Marine
                                                       Control Multi
                                                       Purpose
                                                       Insecticide
                                  71949-9             Ford's Dursban 1%
                                                       Dust 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 non-dietary, 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 other end-use 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
------------------------------------------------------------------------
Riverdale Chemical Company        228-161             Riverdale Grub Out
                                                       Plus Fertilizer
Hub States, LLC                   5602-97             Di-Tox E
                                  5602-151            Di-Tox Plus
Clark Mosquito Control            8329-26             Dursban 1/2% G
                                  8329-29             Dursban 1% G

[[Page 34188]]

 
Knox Fertilizer Company, Inc.     8378-42             Dursban 70 with
                                                       Plant Food
                                  8378-43             Shaw's Dursban 50
                                                       with Plant Food
                                  8378-44             Shaw's Dursban 60
                                                       with Plant Food
                                  8378-46             Shaw's Dursban 100
                                                       Granules
Waterbury Companies, Inc.         9444-184            CB Strikeforce I
                                                       Residual With
                                                       Dursban
                                  9444-202            Strikeforce II
                                                       Residual with
                                                       Dursban
Athea Laboratories, Inc.          10088-84            Residual
                                                       Insecticide
                                  10088-85            Surface
                                                       Insecticide
                                  10088-94            Banish Residual
                                                       Insect Spray
Howard Fertilizer Company, Inc.   35512-27            Turf Pride
                                                       Fertilizer with
                                                       Dursban
                                  35512-36            Turf Pride with
                                                       0.67% Dursban
Harrell's Inc.                    52287-5             0.4% Chlorpyrifos
                                                       Plus Fertilizer
Troy E. Fox and Mariene R. Fox    55773-1             Score Roach Bait
------------------------------------------------------------------------

    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 non-dietary 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 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 June 26, 1991,(56 FR 29362) 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 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 
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 1 or 2 willnot be lawful 
under FIFRA as of the date of publication of the cancellation order in 
the Federal Register, unless the product is labeled as restricted use;
    (b) 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 as of the date of 
publication of the cancellation order in the Federal Register, 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; and
    (c) The distribution or sale by registrants of existing stocks of 
any product listed in Table 1 or 2 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 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 1 or 2 that bears 
instructions for any of the following uses will not be lawful under 
FIFRA as of the date of publication of the cancellation order in the 
Federal Register:
    (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 manufacturingsite 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; and
    (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.
    2.  Retail and other distribution or sale,. The retail sale of 
existing stocks of

[[Page 34189]]

products listed in Table 1 or 2 bearing instructions for the prohibited 
uses set forth above in Units III.1.(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.
    3.  Final distribution, sale and use date for preconstruction 
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 consistentwith the requirements of FIFRA.
    4. Use of existing stocks. Except for products bearing those uses 
identified above in Unit III.3. of this document, 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 
andpests.


    Dated: June 15, 2001.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-16125 Filed 6-26-01; 8:45 am]
BILLING CODE 6560-50-S


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