19580 Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Notices

Mr. Tim Hunt, OMB Control No. 2040–

0027, Office of Management and

Budget, Office of Information and

Regulatory Affairs, 725 17th Street,

NW, Washington, DC 20503.

Dated: April 13, 1995.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 95–9664 Filed 4–18–95; 8:45 am]

BILLING CODE 6560–50–M

[OPP–38511; FRL-4911-8]

Dichlorvos (DDVP); Deletion of Certain

Uses and Directions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice; Intent to delete certain

dichlorvos (DDVP) uses.

SUMMARY: This notice, issued pursuant

to section 6(f)(1) of the Federal

Insecticide, Fungicide and Rodenticide

Act (FIFRA), 7 U.S.C. 136d(f)(1),

announces EPA’s receipt of a request

from Amvac Chemical Corp. of Los

Angeles, CA, the sole technical

registrant of dichlorvos, for the

amendment of its dichlorvos

registrations through voluntary deletion

of the following uses from its technical

(EPA Reg. No. 5481–96) and end-use

labels, and a request to waive the 90-day

comment period on this notice: in or on

domestic dwellings (except for

impregnated resin strips, total-release

foggers, crack and crevice applications,

and spot applications); rangeland

grasses; greenhouses; tomatoes; tobacco;

tobacco warehouses; food service

establishments (except nonfoodhandling areas); food-manufacturing

establishments: bottling plants

(including wineries, breweries, and soft

drink plants), frozen food plants

(including pizza plants and ice cream

plants) (except nonfood-manufacturing

areas); food-processing establishments:

meat, poultry, and seafood slaughtering

and/or packing plants (including those

for edible fats and oils), frozen food

plants (including those for fruits and

vegetables), dairy product plants

(including milk-processing plants)

(except nonfood-processing areas); all

aerial applications; and aircraft and

buses. EPA intends to approve the

proposed amendments at the close of

the comment period unless Amvac

withdraws or amends its request.

DATES: Written comments must be

submitted on or before May 19, 1995.

ADDRESSES: Submit written comments

in triplicate, identified by the docket

control number, [OPP-38511], to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, deliver comments to: Rm. 246,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA.

FOR FURTHER INFORMATION CONTACT: By

mail: Dennis Utterback, Special Review

and Reregistration Division (7508C),

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Special Review Branch, third floor,

Crystal Station #1, 2805 Jefferson Davis

Hwy., Arlington, VA, (703)–308–8026;

e-mail:

utterback.dennis@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: This

notice provides background on Agency

actions regarding dichlorvos, lists the

uses Amvac Chemical Corp. is

proposing to delete and the uses it

intends to support, and states the

provisions for existing stocks.

I. Introduction

Dichlorvos is the commonly accepted

name for 2,2-dichlorovinyl dimethyl

phosphate, an organophosphate

insecticide. Technical dichlorvos is

produced by Amvac Chemical Corp.

(Amvac) and is available as a 99.99%

active ingredient technical product for

formulating dichlorvos end-use

products. Dichlorvos is a contact and

stomach poison with fumigant action

resulting in cholinesterase inhibition.

Dichlorvos is used in the formulation of

insecticide products for a wide range of

uses in home and commercial

establishments, as aerosols, liquid

sprays, wettable powders, emulsifiable

concentrates, soluble concentrates,

pour-ons, granulars, and impregnated

materials (resin strips and flea collars).

There are two ongoing activities

which may affect the proposed use

deletions specified in this notice: the

dichlorvos Special Review and the

pending revocation of the pesticide food

additive regulation for packaged and

bagged processed nonperishable food.

Anyone interested in retaining these

uses proposed for deletion in this notice

should be aware that future action by

EPA resulting from the Special Review

or food additive regulation revocation

may alter the status of one or more

dichlorvos uses.

On February 24, 1988, EPA initiated

a Special Review (previously referred to

as an RPAR) for pesticide products

containing dichlorvos. EPA determined

that exposure to dichlorvos from the

registered uses may pose an

unreasonable carcinogenic risk and

inadequate margins of exposure for

cholinesterase inhibition to exposed

individuals. The risks of concern

detailed in the 1988 notice were for the

general population from consumption of

foods containing residues of dichlorvos,

for those involved in the application of

dichlorvos, for workers reentering

treated areas, for residents/occupants of

treated areas, for people exposed to pets

treated with dichlorvos, and for pets

treated with dichlorvos. EPA expects to

issue a proposed determination, as a

result of the Special Review, in 1995.

In the Federal Register of October 3,

1991 (56 FR 50190), EPA proposed

under section 409 of the Federal Food,

Drug and Cosmetic Act (FFDCA) to

revoke the food additive regulation for

residues of the pesticide dichlorvos in

or on packaged or bagged nonperishable

processed food. The final rule revoking

the food additive regulation was

published on November 10, 1993, with

an effective date of 120 days later. EPA

later stayed the effective date

indefinitely, pending Agency

consideration of a petition from Amvac.

This revocation remains stayed. If this

action becomes effective it will mean

the packaged and bagged processed

nonperishable food treated with

dichlorvos will likely be adulterated

under FFDCA and the food may not be

legally sold. However, a food additive

regulation revocation by itself would

not prohibit the legal sale or use of

dichlorvos, under FIFRA, on packaged

and bagged processed nonperishable

food. To rectify this situation, EPA

intends to cancel the related uses as

soon as possible after any food additive

regulation revocation becomes final.

II. Deleted Uses

Amvac Chemical Corp., the sole

registrant of the technical grade of the

active ingredient dichlorvos, has

requested to amend its dichlorvos

registrations by deleting all uses and

directions for use in or on domestic

dwellings (except for impregnated resin

strips, total-release foggers, crack and

crevice applications, and spot

applications); rangeland grasses;

greenhouses; tomatoes; tobacco; tobacco

warehouses; food service establishments

(except nonfood-handling areas); foodmanufacturing establishments: bottling

plants (including wineries, breweries,

and soft drink plants), frozen food

plants (including pizza plants and ice

cream plants) (except nonfoodmanufacturing areas); food-processing

establishments: meat, poultry, and

seafood slaughtering and/or packing

plants (including those for edible fats

and oils), frozen food plants (including

those for fruits and vegetables), dairy

product plants (including milk-
Federal Register / Vol. 60, No. 75 / Wednesday, April 19, 1995 / Notices 19581

processing plants) (except nonfoodprocessing areas); all aerial applications;

and aircraft and buses.

III. Uses Supported

Amvac, manufacturer of technicalgrade dichlorvos, is supporting the

following uses under reregistration. A

detailed technical label will be sent to

every dichlorvos registrant to provide

guidance as to the specific uses that can

be formulated from this technical

product. The only uses for which this

product could be used to formulate enduse products would be as follows:

Domestic Uses

Use of impregnated resin pest strip in

campers, trailers, homes, cabins,

garages, basements, and garbage cans.

Use of total-release fogger (less than 1%

active ingredient) in homes, cabins,

garages, and basements. Use of totalrelease fogger (greater than 1% active

ingredient) and nontotal-release aerosol

in homes, cabins, garages, and

basements only by a licensed pest

control operator (PCO). Use of nontotalrelease fogger and liquid formulations

only by PCO in domestic dwellings. Dog

and cat flea collars.

Agricultural Uses

Use of impregnated resin pest strip

over nonperishable packaged and

bagged or bulk stored raw and processed

commodities. Use of impregnated resin

strip and total-release fogger (less than

1% active ingredient) in animal

buildings and dairy milk rooms. Use of

commercial aerosol/foggers only by PCO

in warehouses, silos, bulk bins, and in

food-processing, food-manufacturing,

and food-handling and storage plants

containing nonperishable packaged or

bagged or bulk raw or processed food

commodities and the nonfood areas of

these sites. Liquid formulations for a

variety of agricultural uses including

animal premises and direct livestock

animal treatment. Liquid formulations

for use in mushroom houses and only

for use by PCO. Liquid formulations for

use only in commercial application

equipment for space treatment and for

use by PCO in warehouses, silos, bulk

bins and food-processing, foodmanufacturing, and food service

establishments containing

nonperishable, packaged, or bagged raw

or processed food commodities or bulk

raw or processed food commodities, and

non-food handling areas. Use of

nontotal-release aerosol only by PCO in

animal buildings and dairy barns (milk

rooms).

Other Uses

Use of impregnated dispenser in

enclosed outdoor utility equipment. Use

of impregnated resin pest strip in

museum collections, insect traps,

garbage cans, catch basins, and trash

dumpsters. Use of total-release fogger

(greater than 1% active ingredient) and

only by PCO in warehouses, railroad

cars, theaters, and industrial plants.

Liquid formulations for crack and

crevice use only (not space spray) and

only by PCO in nonfood areas of

commercial, industrial, and institutional

sites, kennels, outside surfaces of

buildings, refuse dumps, refuse and

solid waste containers, and wine cellars.

Liquid formulations only for veterinary

use for direct application to domestic

animals.

IV. Scope of this Notice

This notice pertains to all Amvac enduse registrations and technical

registrations. On the effective date of

this document, Amvac must delete the

appropriate uses from its labels. Since

Amvac is the sole registrant of the

technical-grade dichlorvos, there will no

longer be a manufacturing use product

available from which to formulate any

dichlorvos-registered products for the

uses Amvac is requesting to delete,

unless Amvac withdraws its request.

End-use registrants are being notified by

certified mail of Amvac’s decision to

delete these uses. End-use registrants

who purchase technical dichlorvos with

a revised label may only formulate their

products for the uses allowed on the

technical label. For purposes of public

information, Amvac will allow

dichlorvos to be formulated for those

uses listed in Section III of this notice.

Any registrant that does not change its

label to conform to the new technical

label will be in violation of FIFRA. If

any of the end-use registrants (or any

other persons) desire to retain any of the

uses for which deletion is requested,

they are encouraged to contact Amvac to

seek retention of that use. EPA intends

to approve the proposed amendments at

the close of the comment period unless

Amvac withdraws or amends its

request. The following list specifies the

registrations affected by this notice:

5481–9, 5481–13, 5481–41, 5481–73,

5481–96, 5481–200, 5481–201, 5481–

202, 5481–203, 5481–204, 5481–205,

5481–206, 5481–207, 5481–208, 5481–

216, 5481–217, 5481–220, 5481–240,

5481–241, 5481–334, 5481–338, 5481–

340, 5481–341, 5481–342, 5481–343,

5481–344, 5481–345, 5481–346, 5481–

347, 5481–348.

V. Existing Stocks Provisions

Under the authority of FIFRA section

6(a)(1), EPA will establish certain

limitations on the distribution and use

of existing stocks of dichlorvos products

subject to any final cancellation notice.

EPA defines the term ‘‘existing stock’’ to

mean any quantity of dichlorvos

products in the United States on the

effective date an application for

amendment of registration is granted by

the Agency. Such existing stocks

include dichlorvos products that have

been formulated, packaged, and labeled

and are being held for shipment or

release or have been shipped or released

into commerce.

The Agency will permit Amvac to sell

and distribute existing stocks of

products with current labels for up to 1

year after the effective date of an

amendment. Any sale or distribution of

such products by Amvac after that 1-

year period which do not bear labeling

consistent with any amendment granted

pursuant to this notice will be a

violation of federal law. Any existing

stocks remaining in the possession of all

other persons after 1 year may continue

to be sold, distributed, and used until

such existing stocks are exhausted.

EPA reserves the right to amend this

existing stocks provision should

conditions warrant such amendment.

Users need to be aware that it is their

responsibility to determine whether

residues of dichlorvos-treated food will

result in illegal residues under FFDCA.

VI. Comments

Persons interested in commenting on

the proposed use deletions are invited

to submit their written comments on or

before May 19, 1995 to the address

given above. Registrants should be

aware that EPA will consider these

comments in the context of other

ongoing Agency activities relating to

dichlorvos.

List of Subjects

Environmental protection,

Agricultural commodities, Pesticides

and pests.

Dated: April 7, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–9166 Filed 4–18–95; 8:45 am]

BILLING CODE 6560–50–F