34184 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Notices

direction of Vice President Richard

Cheney, has directed EPA, in

consultation with the Secretary of

Energy and other relevant agencies, to

review the Environmental Protection

Agency’s New Source Review (NSR)

program, including administrative

interpretation and implementation, and

report to the President within 90 days

on the impact of the regulations on

investment in new utility and refinery

generation capacity, energy efficiency,

and environmental protection. A

background paper relating to this review

was made available on June 22, 2001.

The EPA’s Office of Air and Radiation

will hold four public meetings to

provide interested persons an

opportunity to provide comments and

suggestions regarding the information in

the background paper and other

information relevant to this review.

DATES: The public meeting dates are:

1. July 10, 2001, 9:30 a.m. to 4:00

p.m., Cincinnati, OH.

2. July 12, 2001, 9:30 a.m. to 4:00

p.m., Sacramento, CA.

3. July 17, 2001, 9:30 a.m. to 4:00

p.m., Boston, MA.

4. July 20, 2001, 9:30 a.m. to 4:00

p.m., Baton Rouge, LA.

ADDRESSES: The public meeting

locations are:

1. Cincinnati—Hyatt Regency

(Regency Ballroom, Sections E and F),

151 West Fifth Street, Cincinnati, OH

45202.

2. Sacramento—Red Lion Hotel

Sacramento (Martinique Ballroom),

1401 Arden Way, Sacramento, CA

95815.

3. Boston—DoubleTree Guest Suites

Boston (Charles River Ballroom), 400

Soldiers Field Road, Boston, MA 02134.

4. Baton Rouge—Holiday Inn South

(The Grand Ballroom), 9940 Airline

Highway, Baton Rouge, LA 70816.

FOR FURTHER INFORMATION CONTACT:

Persons who have questions about the

NSR 90-Day review background paper

or the review itself should contact Mr.

Michael Ling, Office of the Director,

Information Transfer and Program

Integration Division (MD–12), U.S.

Environmental Protection Agency,

Research Triangle Park, N.C. 27711;

Telephone Number: (919) 541–4729.

SUPPLEMENTARY INFORMATION:

Documents relevant to this matter are

available for inspection at the Air and

Radiation Docket and Information

Center, Attention: Docket No. A–2001–

19, U.S. Environmental Protection

Agency, 401 M Street SW., room M–

1500, Washington, DC 20460,

Telephone (202) 260–7548, between

8:00 a.m. and 5:30 p.m., Monday

through Friday, excluding legal

holidays. A reasonable fee may be

charged for copying.

Persons planning to attend the

hearing or wishing to present oral

testimony should notify Mr. Lorence

Pope, Office of Air Quality, Planning,

and Standards, Division of Policy

Analysis and Communications, MD–10,

Research Triangle Park, NC 27711,

Telephone (919) 541–0682, E-mail:

pope.lorence@epa.gov. at least two (2)

days in advance of each respective

public meeting. Each meeting will be

strictly limited to the subject matter

covered in the NSR 90-Day Draft Study

Report. Oral Testimony will be limited

to five (5) minutes each. Any member of

the public may file a written statement

before or during the public meeting, or

up until the close of the comment

period for the background paper.

Written statements (duplicate copies

preferred) should be submitted to

Docket No. A–2001–19 at the following

address: Attention: Docket No. A–2001–

19, U.S. Environmental Protection

Agency, 401 M Street S.W., room M–

1500, Washington, D.C. 20460,

Telephone (202) 260–7548. Any updates

to the meeting schedule will be posted

on the World Wide Web at http://

www.opa.gov/air/NSR-review.

Following each public meeting, a

verbatim transcript of the hearing and

written statements will be made

available for copying during normal

working hours at the Air and Radiation

Docket Information Center, U.S.

Environmental Protection Agency, 401

M Street S.W., room M–1500,

Washington, DC 20460; Telephone (202)

260–7548, between 8:00 a.m. and 5:30

p.m., Monday through Friday, excluding

legal holidays. A reasonable fee may be

charged for copying.

Dated: June 22, 2001.

Linda Fisher,

Deputy Administrator.

[FR Doc. 01–16268 Filed 6–26–01; 8:45 am]

BILLING CODE 6560–50–P

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.

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:myers.tom@epa.gov.

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

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Notices 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: opp-docket@epa.gov, or you can

submit a computer disk as described

above. Do not submit any information

electronically that you consider to be

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

34186 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Notices

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 Company 3–5 Formula BF-101 (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 Brands,

Inc.

192–207 Dexol Pest Free 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

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Notices 34187

TABLE 1.—END-USE PRODUCT REGISTRATION CANCELLATION REQUESTS—Continued

Company Reg. No. Product

Spectrum Group, Division of United

Industries Corp.

8845–21 Rid-A-Bug Home 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 Industries Corp.9688–42 Chemisco Ant and 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 Industries

Corp.

46515–13 Super K-Gro Home Pest Insect Control

46515–51 Dursban Insect Spray

Chem-Tech, Ltd. 47000–60 Household Insecticide (with Dursban)

Alljack, Division of United Industries

Corp.

49585–16 Super K Gro 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 Horizons,

Ltd

71076–1 The Sprinklelizer 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 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 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

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

34188 Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Notices

TABLE 2.—END-USE PRODUCT REGISTRATION AMENDMENT REQUESTS—Continued

Company Reg. No. Product

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, nonagricultural 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

Federal Register / Vol. 66, No. 124 / Wednesday, June 27, 2001 / Notices 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

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–30488A; FRL–6785–4]

Pesticide Product; Registration

Approval

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces

Agency approval of an application to

register the pesticide product Contans

WG containing an active ingredient not

included in any previously registered

product pursuant to the provisions of

section 3(c)(5) of the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT:

Susanne Cerrelli, Biopesticides and

Pollution Prevention Division (7511C),

Office of Pesticide Programs,

Environmental Protection Agency, 1200

Pennsylvania Ave., NW., Washington,

DC 20460; telephone number: 703 308–

8077; and email address:

cerrelli.susanne@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you are an agricultural producer, food

manufacturer, or pesticide

manufacturer. Potentially affected

categories and entities may include, but

are not limited to:

Categories NAICS Examples of Potentially Affected Entities

Industry 111 Crop production

112 Animal production

311 Food manufacturing

32532 Pesticide manufacturing

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. The North American

Industrial Classification System

(NAICS) codes have been provided to

assist you and others in determining

whether or not this action might apply

to certain entities. If you have 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 a fact sheet which provides

more detail on this registration, go to the

Home Page for the Office of Pesticide

Programs at http://www.epa.gov/

pesticides/, and select ‘‘fact sheet.’’

2. In person. The Agency has

established an official record for this

action under docket control number

OPP–30488A. 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.

In accordance with section 3(c)(2) of

FIFRA, a copy of the approved label, the

list of data references, the data and other

scientific information used to support

registration, except for material

specifically protected by section 10 of

FIFRA, are also available for public

inspection. Requests for data must be

made in accordance with the provisions

of the Freedom of Information Act and

must be addressed to the Freedom of

Information Office (A–101), 1200

Pennsylvania Ave., NW., Washington,

DC 20460. The request should: Identify

the product name and registration

number and specify the data or

information desired.

A paper copy of the fact sheet, which

provides more detail on this

registration, may be obtained from the

National Technical Information Service

(NTIS), 5285 Port Royal Road,

Springfield, VA 22161.

II. Did EPA Approve the Application?

The Agency approved the application

after considering all required data on

risks associated with the proposed use

of Coniothyrium minitans strain CON/

M/91–08, and information on social,

economic, and environmental benefits

to be derived from use. Specifically, the

Agency has considered the nature of the

chemical and its pattern of use,

application methods and rates, and level

and extent of potential exposure. Based

on these reviews, the Agency was able

to make basic health and safety

determinations which show thatuse of

Coniothyrium minitans strain CON/M/

91–08 when used in accordance with

widespread and commonly recognized

practice, will not generally cause

unreasonable adverse effects to the

environment.