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Chlorpyrifos - End-Use Products Cancellation Order 1/02

ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203J; FRL-6819-6-]
Chlorpyrifos; End-Use Products Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION:  Notice.

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SUMMARY:  This notice announces the cancellations, as requested by the
companies, that hold the registrations of pesticide end-use 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 December 5, 2001,
notice of receipt of requests for registration cancellations. In that
notice, EPA indicated that it would issue an order confirming the
voluntary 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 January 25, 2002.

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:

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-34203J. 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 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 their registrations for these products.
    In the Federal Register of December 5, 2001 (66 FR 63237) (FRL-
6811-4), EPA published a notice of the Agency's receipt of end-use
product cancellation requests from registrants that hold the pesticide
registrations containing chlorpyrifos (who are in large part the
customer of the basic manufacturers). These requests were submitted as
a result of the Memorandum of Agreement that was signed on June 7,
2000, between EPA and the basic manufacturers of chlorpyrifos. A copy
of the Memorandum of Agreement that was signed on June 7, 2000, is
located in OPP docket control number 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
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             Company                   Reg. No.             Product
------------------------------------------------------------------------
Dragon Chemical Corporation       16-101              Dursban 1/2
                                                       Granular
                                                       Insecticide
                                  16-123              Dragon Home Pest
                                                       Control
                                  16-139              Dragon Home Pest
                                                       Killer
                                  16-146              Dragon Termite and
                                                       Soil Insect
                                                       Killer
                                  16-163              Dragon Crawling
                                                       Insect Killer
                                  16-172              Dragon Dursban 1%
                                                       Granular
                                                       Insecticide
------------------------------------------------------------------------
The Scotts Company                239-2423            Ortho Lawn Insect
                                                       Spray
                                  239-2490            Ortho Home Pest
                                                       Insect Control
                                  239-2513            Ortho-Klor Soil
                                                       Insect and
                                                       Termite Killer
                                  239-2517            Ortho-Klor Indoor
                                                       & Outdoor Insect
                                                       Killer
                                  239-2520            Ortho Mole Cricket
                                                       Bait Formula II
                                  239-2521            Ortho Mole Cricket
                                                       Bait Formula III
                                  239-2570            Ortho-Klor 1%
                                                       Dursban Lawn &
                                                       Soil Granules
                                  239-2633            Ortho Dursban Lawn
                                                       Insect Formula II
                                  239-2635            Ortho Multipurpose
                                                       Borer & Insect
                                                       Spray
------------------------------------------------------------------------
Amvac Chemical Corporation        5481-68             Alco Chlorpyrifos
                                                       1E Emulsifiable
                                                       Insecticide
                                  5481-121            Chlorpyrifos
                                                       Granules 1
                                  5481-216            Dursban-DDVP 2.50
                                                       Pest Control
                                  5481-217            Dursban-DDVP 1.25
                                  5481-221            Dursban 2E
                                                       Insecticide
                                  5481-222            Bilco Dursban 4E
                                                       Insecticide
                                  5481-240            Alco Bug Spray
                                                       Flea, Ant and
                                                       Roach Killer
------------------------------------------------------------------------
Contact Industries, a Division    10806-52            Contact Roach &
 of Safeguard Chemical                                 Ant Killer II
 Corporation                      10806-99            Contact Ant and
                                                       Roach Killer IV
                                  10806-100           Contact Ant and
                                                       Roach Killer XV
                                  10806-101           Contact Liquid Ant
                                                       & Roach Killer V
                                  10806-102           Contact Roach and
                                                       Ant Killer XVI
------------------------------------------------------------------------
Amrep, Incorporated               10807-116           Misty Ant, Roach,
                                                       & Spider Residual
                                                       Insecticide with
                                                       Dursban
                                  10807-187           Misty Aqueous
                                                       Residual Spray
------------------------------------------------------------------------
Drexel Chemical Company           19713-229           Drexel
                                                       Chlorpyrifos 0.5G
                                  19713-341           Leisur and Lawn
                                                       Insect Control
------------------------------------------------------------------------

    In the Federal Register notice of December 5, 2001 (66 FR 63237),
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 comment
period provided under FIFRA section 6(f)(1)(C).
    No public comments were submitted to the docket in response to
EPA's request for comments.

III. Cancellation Order

    Pursuant to section 6(f) of FIFRA, EPA is approving the requested
registration cancellations. The Agency orders that the registrations
identified in Table 1 are hereby canceled. After January 25, 2002, any
distribution, sale, or use of existing stocks of the products
identified in Table 1 in a manner inconsistent with the terms of this
Order or the Existing Stock Provisions in Unit IV of this Federal
Register notice 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.
    1. Distribution or sale by registrants. 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 1
will not be lawful under FIFRA after January 25, 2002.
    2. Retail and other distribution or sale. The retail sale of
existing stocks of products listed in Table 1 will not be lawful under
FIFRA after January 25, 2002. 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. Use of existing stocks. The use of existing stocks of products
listed in Table 1 is permitted 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: January 15, 2002.

  Jack Housenger,

Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.

[FR Doc. 02-1764 Filed 1-24-02; 8:45am]