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Chlorpyrifos - Receipt of Requests for End-Use Product Cancellations 11/01

ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203K; FRL-6811-4]
Chlorpyrifos; Receipt of Requests for End-Use Product
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 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 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 are in large part the customer of
these basic manufacturers. Given the potential risks, both dietary and
non-dietary, that chlorpyrifos use poses, to children, EPA intends to
grant the requested cancellations. EPA also plans to issue a
cancellation order for 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 these
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-34203K, must
be received on or before January 4, 2002. Comments on the requested
registration cancellations must be submitted to the address provided
below and identified by docket control number OPP-34203K.

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-34203K 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:

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-34203K. 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-34203K 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-34203K. 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 Registrations

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. Pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), EPA is announcing the Agency's receipt of these
cancellation requests from the registrants.
    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 Memorandum of Agreement signed on June
7, 2000, and subsequent ancillary agreements. 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.

       Table -- 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 & Ant
 of Safeguard Chemical                              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
------------------------------------------------------------------------

    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. Given the potential risks, both dietary and
non-dietary, that chlorpyrifos use poses, to children, EPA intends to
grant the requested cancellations 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 the Table. Pursuant to section
6(f) of FIFRA, EPA intends to grant the requests for voluntary
cancellations. 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) (FRL-3846-
4) 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. 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--i. Restricted use and
package size limitations. Except for the purposes of returns for
relabeling consistent with the June 7, 2000, Memorandum of Agreement,
shipping for export consistent with the requirements of section 17 of
FIFRA, or proper disposal:
    (a) The distribution or sale by registrants of existing stocks of
any EC formulation product listed in the Table will not 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 the Table (other than containerized baits in
child resistant packaging (CRP)) that is not an EC, will not be lawful
under FIFRA as of the date of the cancellation notice, unless the
product is either labeled for restricted use or packaged in containers
no smaller than 15 gallons of a liquid formulation or 25 pounds of a
dry formulation.
    ii. Prohibited uses. Except for the purposes of returns for
relabeling consistent with the June 7, 2000 Memorandum of Agreement,
shipping for export consistent with the requirements of section 17 of
FIFRA, or proper disposal, the distribution or sale of existing stocks
by registrants of any product identified in the Table 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 (a.i.) chlorpyrifos end-use dilution.
    (b) Post-construction termite control, except for spot and local
termite treatment, provided the label of the product states that the
product may not be used for spot and local treatment after December 31,
2002.
    (c) Indoor residential except for containerized baits in CRP.
    (d) Indoor non-residential except for containerized baits in CRP
and products with formulations other than EC that bear labeling solely
for one or more of the following uses: Warehouses, ship holds, railroad
boxcars, industrial plants, manufacturing plants, food processing
plants, or processed wood products treated during the manufacturing
process at the manufacturing site or at the mill.
    (e) Outdoor residential except for products bearing labeling solely
for one or more of the following public health uses: Individual fire
ant mound treatment by licensed applicators or mosquito control by
public health Agencies.
    (f) Outdoor non-residential, non-agricultural except for products
that bear labeling solely for one or more of the following uses: Golf
courses, road medians, and industrial plant sites, provided the maximum
label application rate does not exceed 1 lb a.i./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 products listed in the Table 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 pre-construction
termite control. The distribution, sale or use of any product listed in
the Table bearing instructions for pre-construction termiticide use
will not be lawful under FIFRA after December 31, 2005, unless prior to
that date, EPA has issued a written determination that such use may
continue consistent with the requirements of FIFRA.
    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 the Table until such
stocks are exhausted, provided such use is in accordance with the
existing labeling of that product.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and
pests.

    Dated: November 20, 2001.

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

[FR Doc. 01-29779 Filed 12-4-01; 8:45 am]
BILLING CODE 6560-50-S