[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Notices]
[Pages 56886-56894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24211]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34203D; FRL-6743-7]


Chlorpyrifos; Receipt of Requests for Amendments, Cancellations, 
and Notification of Tolerance Revocation and Modifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The companies that hold the pesticide registrations of 
manufacturing-use pesticide products containing chlorpyrifos [O,O-
diethyl O-(3,5,6-trichloro-2-pyridinyl)phosphorothioate] have asked EPA 
to cancel their registrations for these products. In addition, these 
companies have asked EPA to cancel or amend their registrations for 
end-use products containing chlorpyrifos. 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 a number 
of registrants of products containing chlorpyrifos on June 7, 2000, and 
ancillary agreements signed by other registrants shortly thereafter. 
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. In addition, EPA is announcing its intention to 
revoke the tolerance for chlorpyrifos residues in or on tomatoes and to 
lower the tolerance for chlorpyrifos residues in or on apples and 
grapes.

DATES: 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-34203D. 
Comments must be received on or before October 20, 2000.

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-34203D 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: [email protected].

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.

[[Page 56887]]

 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-34203D. 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-34203D 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: [email protected], 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-34203D. 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 a number of registrants of pesticide products containing 
chlorpyrifos agreed to several voluntary measures that will reduce the 
potential exposure to children associated with chlorpyrifos containing 
products. Shortly thereafter, EPA and several other pesticide 
registrants of manufacturing-use products containing chlorpyrifos 
signed ancillary agreements in which the parties agreed to comply with 
the terms of the June 7, 2000, agreement. EPA initiated the 
negotiations with registrants after finding chlorpyrifos, as currently 
registered, was an exposure risk especially to children. As part of the 
Agreement, the signatory registrants that hold the pesticide 
registrations of manufacturing-use pesticide products containing 
chlorpyrifos have asked EPA to cancel their registrations for these 
products. In addition, these companies have asked EPA to cancel or 
amend their registrations for end-use products containing chlorpyrifos. 
Pursuant to section 6(f)(1) of FIFRA, EPA is announcing the Agency's 
receipt of these requests from the registrants. With respect to the 
registration amendments, the companies 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, and containerized baits 
in CRP); all outdoor non-residential sites (except golf courses,

[[Page 56888]]

road medians, industrial plant sites, non-structural wood treatments, 
and fire ant mound drenches for public health purposes by licensed 
applicators and mosquito control for public health purposes by public 
health agencies); and use on tomatoes and post-bloom apple trees. With 
respect to the registration cancellations, the companies have submitted 
replacement applications for registration with new labeling that would 
also eliminate all of these uses. 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.

B. Requests for Voluntary Cancellation of Manufacturing-Use Products

    Pursuant to the Agreement and FIFRA section 6(f)(1)(A), the 
registrants have submitted requests for voluntary cancellation of 
registrations for their manufacturing-use products. The registrations 
for which cancellations were requested are identified in the following 
Table 1:

Table 1.-- Manufacturing -Use Product Registration Cancellation Requests
------------------------------------------------------------------------
            Company                    Reg. No.             Product
------------------------------------------------------------------------
Aventis Environmental Science     432-570:            Ultratec
 USA                                                  Insecticide w/ SBP-
                                                      1382/ Chlorpyrifos
                                                      Trans. E.C. 1.6%-
                                                      16%
                                  432 -571:           Ultratec
                                                      Insecticide w/ SBP-
                                                      1382/ Chlorpyrifos
                                                      Trans. E.C. 3.2%-
                                                      16%
                                  432-615:            Ultratec
                                                      Insecticide w/
                                                      Chlorpyrifos/
                                                      Esbiothrin Trans.
                                                      E.C. 2.5%-25%
                                  432-649:            Ultratec
                                                      Insecticide w/ SBP-
                                                      1382/ Chlorpyrifos
                                                      Trans. E.C. 1.6%-
                                                      16%
                                 432-661:             Ultratec
                                                      Insecticide w/
                                                      Chlorpyrifos/
                                                      Esbiothrin Trans.
                                 432-662:            Ultratec
                                                      Insecticide w/
                                                      Chlorpyrifos
                                                      Trans. Emuls. 25%
                                 432-682:            Ultratec
                                                      Insecticide w/
                                                      Chlorpyrifos/Pyr/
                                                      PBO Trans. Emuls.
                                                      1.5-7.5-15
                                 432-692:            Ultratec
                                                      Insecticide w/ SBP-
                                                      1382/ Chlorpyrifos
                                                      Trans. E.C. 3.2%-
                                                      16% LO
                                 432-718:            SBP-1382/
                                                      Chlorpyrifos
                                                      Trans. E.C. 3.2%-
                                                      16% LO For Pres.
                                                      Spray
                                 432-1019:           Niagara P-D 5
                                                      Residual
                                                      Insecticide
                                                      Intermediate
                                 432-1095:           Pyrenone Dursban
                                                      Aqueous Base
                                 432-1104:           Pyrenone Dursban W-
                                                      B
                                 432-1106:           Pyrenone Dursban
                                                      Aqueous Base II
Verdant Brands, Inc.             769-690:            SMCP DFC-4
                                                      Formulators
                                                      Concentrate
McLaughlin Gormley King Company  1021-1215:          Pyrocide
                                                      Intermediate 7129
                                 1021-1220:          D-Trans
                                                      Intermediate 1957
                                 1021-1221:          Pyrocide
                                                      Intermediate 7130
                                 1021-1434:          Esbiol Intermediate
                                                      2235
                                 1021-1438:          D-Trans
                                                      Intermediate 2247
                                 1021-1444:          Multicide
                                                      Intermediate 2253
                                 1021-1506:          D-Trans
                                                      Intermediate 2321
                                 1021-1707:          Multicide
                                                      Concentrate 2748
                                 1021-1717:          Multicide
                                                      Intermediate 2745
Griffin LLC                      1812-429:           Questor MUP
                                                      Insecticide
Cheminova, Inc.                  4787-27:            Chlorpyrifos
                                                      Technical
                                 4787-29:            Cyren MUC
                                 4787-30:            Cyren 150
                                                      Concentrate
                                 4787-32:            Cyren RT
3M Company                       10350- 10:          Dursban 20 MEC
Makhteshim-Agan of North         11678-45:           Pyrinex
 America Inc                                          Chlorpyrifos
                                                      Insecticide
Platte Chemical Company          34704-801:          Chlorpyrifos
                                                      Technical
Luxembourg Industries (Pamol)    42519-17:           Dorsan Technical
 Ltd.
Insecta Sales & Research, Inc.   45600-6:            Insecta No. 105
Micro-Flo Company                51036-217:          Chlorpyrifos 61.5%
                                                      MUP
Control Solutions, Inc           53883-34:           Martin's 6 lb.
                                                      Chlorpyrifos
Dow AgroSciences LLC             62719-15:           Dursban F
                                                      Insecticidal
                                                      Chemical
                                 62719-44:           Dursban R
                                 62719-45:           Dursban 30 SEC
                                 62719-66:           Dursban HF
                                                      Insecticidal
                                                      Concentrate
                                 62719-76:           Lentrek 6
                                 62719-78:           Dursban W
                                                      Insecticidal
                                                      Chemical
                                 62719-225:          XRM-5222
 Gharda USA, Inc                 70907-1:            Chlorpyrifos
                                                      Technical
                                 70907-6:            Chlorpyrifos 6
                                                      Manufacturing
                                                      Concentrate
                                 70907-14:           Chlorpyrifos 4
                                                      Manufacturing
                                                      Concentrate
------------------------------------------------------------------------


[[Page 56889]]

    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 Cancellation of End-Use Products

    In addition to requesting voluntary cancellation of manufacturing-
use products, several registrants have submitted requests for voluntary 
cancellation of some of their registrations for end-use pesticide 
products containing chlorpyrifos. The end-use registrations for which 
cancellation was requested are identified in the following Table 2:

      Table 2.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
            Company                    Reg. No.            Product
------------------------------------------------------------------------
Aventis Environmental Science    432-566             SBP-1382/
 USA                                                  Chlorpyrifos
                                                      Transparent
                                                      Emulsion Spray
                                                      0.05% + 0.5%
                                 432-567:            SBP-1382/
                                                      Chlorpyrifos
                                                      Transparent
                                                      Emulsion Dilutable
                                                      Conc. 1.6% + 16%
                                 432-568             Ultratec
                                                      Insecticide w/ SBP-
                                                      1382/
                                                      ChlorpyTrans. EM.
                                                      Dil.Conc. 3.2% +
                                                      16%
                                 432-569:            SBP-1382/
                                                      Chlorpyrifos
                                                      Transparent
                                                      Emulsion Spray 0.1
                                                      % + 0.5%
                                 432-1027:           Pyrenone Dursban
                                                      Roach & Ant Spray'
                                 432-1059:           Pyrenone Dursban
                                                      Dual Use E.C.
                                 432-1101:           Aqueous Residual
                                                      Spray
                                 432-1107:           Pyrenone Dursban
                                                      Water-Based
                                                      Pressurized Spray
Verdant Brands, Inc              769-562:            Mole Cricket Bait
                                                      ``D''
                                 769-576:            Sureco Indoor Pest
                                                      Control
                                 769-578:            Sureco Yard and
                                                      Kennel Spray
                                                      Concentrate
                                 769-607:            R&M Insect Spray
                                                      with Resmethrin/
                                                      Dursban
                                 769-666:            Dursban 1E
                                                      Insecticide
                                 769-668:            SMCP D/V 217
                                                      Insecticide
                                 769-672:            SMCP Residual Roach
                                                      Spray
                                 769-685:            SMCP Dursban
                                                      Household
                                                      Insecticide
                                 769-694:            SMCP Xtraban Roach
                                                      Concentrate
                                 769-697:            SMCP Dursban Plus
                                                      Turf Insecticide
                                 769-715:            SMCP Lawn-Gard
                                                      Spray
                                 769-716:            SMCP Lawn and
                                                      Ornamental Spray
                                 769-717:            Dursban .8%
                                                      Granular
                                                      Insecticide
                                 769-721:            SMCP Dursban
                                                      Granular
                                                      Insecticide
                                 769-731:            SMCP Home Lawn and
                                                      Ornamental Spray
                                 769-735:            SMCP Dursban
                                                      Cricket Bait
                                                      200
                                 769-737:            SMCP Blatta-Bits
                                                      Roach bait
                                                      Insecticide
                                 769-738:            Frank's Finest
                                                      Roach/Flea Spray
                                 769-781:            AFC Residual Insect
                                                      Spray
                                 769-800:            Superior Dursban 4E
                                                      Emulsifiable
                                                      Concentrate
                                 769-801:            Superior Dursban 2E
                                 769-804:            Superior Delve
                                                      Concentrate
                                 769-826:            Sureco T.A.S.K
                                 769-827:            Dursban Plus
                                                      Dichlovos
                                 769-828:            Dursban 1.4% G
                                 769-829:            SMCP 32-4-7
                                                      Fertilizer with
                                                      Dursban
                                 769-831:            SMCP 40-0-0 with
                                                      Dursban
                                 769-873:            Dursban 135 EC
                                 769-880:            Pratt Dursban 250
                                                      EC
                                 769-936:            Warner Enterprises
                                                      Residual Spray
                                 769-952:            Dursban G5 Granular
                                 769-953:            Pratt Dursban G232
                                                      Granular Lawn
                                                      Insect Control for
                                                      Professional Use
                                 769-962:            Ulti-Mate Homeowner
                                                      pest Control
                                                      Concentrate
McLaughlin Gormley King Company  1021-1362:          Pyrocide
                                                      Concentrate 7254
                                 1021-1416:          Pyrocide Residual
                                                      Contact Spray 7335
                                 1021-1435:          Esbiol Residual
                                                      Contact Spray 2236
                                 1021-1439:          D-Trans Concentrate
                                                      2249
                                 1021-1605:          D-Trans Residual
                                                      Spray 2580
                                 1021-1668:          Evercide Residual
                                                      Spray 2640
                                 1021-1693:          Evercide Residual
                                                      Pump Spray 2641
                                 1021-1716:          Multicide
                                                      Pressurized Ant
                                                      and Roach Spray
                                                      27451
Griffin LLC                      1812-427:           Pyrinex 4EC
                                                      Insecticide

[[Page 56890]]

 
                                 1812-428:           Pyrinex 2 EC Area
                                                      Insecticide
                                 1812-443:           Questor LO
                                                      Insecticide
3M Company                       10350-12:           Duratrol Yard Spray
                                                      Concentrate
Luxembourg Industries (Pamol)    42519-18:           Dorsan 4E-41
 Ltd.
Micro-Flo Company                51036-102:          Chlorpyrifos 0.5%
                                                      RTU
                                 51036-118:          Chlorpyrifos 4E LO
                                                      Insecticide
                                 51036-119:          Chlorpyrifos 1E
                                 51036-223:          Chloroban 4-E
                                 51036-303:          Chlorpyrifos 5.3%
Control Solutions, Inc.          53883-36:           Martin's Surrender
                                                      Chlorpyrifos TC
                                 53883-37:           Martin's
                                                      Chlorpyrifos 2E
                                 53883-49:           Martin's Dursban 1L
                                                      Lawn and
                                                      Ornamental Plant
                                                      Insecticide
                                 53883-53:           Martin's Dursban
                                                      Pest Control
                                 53883-55:           Martin's Termite
                                                      and Soil Insect
                                                      Control
Dow AgroSciences LLC             62719-22:           Dursban 25W
                                 62719-23:           Lorsban 4E
                                 62719-29:           Lorsban1-PE
                                 62719-41:           Dursban 4 Plus
                                 62719-46:           Dursban WB05
                                 62719-55:           Dursban LO
                                 62719-56:           Dursban 1-12
                                                      Insecticide
                                 62719-74:           Dursban ME
                                 62719-85:           Lorsban 7.5 G
                                 62719-163:          Dursban 50 DF
                                 62719-197:          Dursban WB05 III
                                 62719-235:          Dursban Lawn and
                                                      Ornamental
                                                      Insecticide
                                 62719-252:          Dursban 50WSP
                                                      Insecticide in
                                                      Water Soluble
                                                      Packets
                                 62719-269:          Dursban NXS-4
                                 62719-281:          Dursban NXS05
                                 62719-283:          Dursban ME02 + ETOC
                                 62719-284:          Dursban NXS-6
                                 62719-298:          Dursban ME 1.7
Cheminova, Inc.                  67760-5:            Cyren 1E
                                 67760-22:           Cheminova
                                                      Chlorpyrifos 4E-AG-
                                                      SG
                                 67760-23:           Cyren Turf and
                                                      Ornamental
                                                      Insecticide
                                 67760-24:           Cyren 1/2 G
                                                      Granular
                                                      Insecticide
                                 67760-25:           Cyren 1G
                                 67760-32:           Cyren 2E XL
Platte Chemical Company          2393-245:           Hopkins Lincoln
                                                      Granules
                                 34704-305           Hopkins Lincoln
                                                      Granules
                                 34704-413:          Dursban 1 Coated
                                                      Granules
                                 34704-449:          Clean Crop
                                                      Chlorpyrifos 1.14G
                                                      Insecticide and
                                                      Fertilizer
                                 34704-523:          Clean Crop Dursban
                                                      Insect Spray
                                 34704-526:          Pest Control for
                                                      Home and Garden
                                 34704-541:          Dursban 4E
                                 34704-748:          Clean Crop
                                                      Household Insect
                                                      Spray
                                 34704-765:          Clean Crop Dursban
                                                      1
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that EPA cancel any of their pesticide registrations. The 
registrants have requested that EPA waive the 180-day public comment 
period under section 6(f)(1)(C)(ii) of FIFRA 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 dietary and non-dietary 
risks that chlorpyrifos use poses, especially to children, EPA intends 
to grant the requested cancellations at the close of the comment period 
for this announcement.
    1. Requests for voluntary amendments to delete uses from the 
registrations of end-use products. Pursuant to section 6(f)(1)(A) of 
FIFRA, the signatory registrants have also submitted requests to amend 
their 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 3:

        Table 3.--End-Use Product Registration Amendment Requests
------------------------------------------------------------------------
            Company                   Reg. No.           Product/SLNs
------------------------------------------------------------------------
Verdant Brands, Inc.             769-641:            Dursban 2E
                                                      Insecticide
                                 769-662:            SMCP Dursban .5%
                                                      Granular
                                                      Insecticide
                                 769-679:            Dursban 1% Granular
                                                      Insecticide
                                 769-680:            Dursban Mole
                                                      Cricket Bait

[[Page 56891]]

 
                                 769-699:            Dursban 4E
                                                      Insecticide
                                 769-726:            Dursban 1G Granular
                                                      Insecticide
                                 769-808:            Banzol
                                 769-825:            SMCP Dursban 2.5% G
                                                      Insecticide
                                 769-940:            Dursban Plus
                                                      Insecticide
Griffin LLC                      1812-403:           Chlorfos 4E
                                                      Insecticide
                                 1812-404:           Chlorfos 15G
3M Company                       10350-22:           MEC Chlorpyrifos
                                                      Livestock Premise
                                                      Spray Concentrate
Platte Chemical Company          34704-55:           Clean Crop
                                                      Chlorpyrifos 1/2G
                                                      Turf Insecticide
                                 34704-65:           Chlorpyrifos 2E
                                 34704-66:           Clean Crop
                                                      Chlorpyrifos 4E
                                                      Insecticide
                                 34704-423:          Dursban 2 Coated
                                                      Granules
                                 34704-448:          Clean Crop Dursban
                                                      1G Insecticide
                                 34704-587           Chlorpyrifos-
                                                      thiram 7.5-7.5G
                                 34704-693:          Clean Crop
                                                      Chlorpyrifos 50WP
                                                      Seed Treater
Luxembourg Industries (Pamol)    42519-19:           Dorsan 4E-45
 Ltd.
                                 42519-20:           Dorsan 2E
                                 42519-21:           Dorsan 4E
Insecta Sales & Research Inc.    45600-1:            Insecta
                                 45600-11:           Insecta 1000
                                 45600-17:           Insecta for
                                                      Manholes
Control Solutions, Inc.          53883-48:           Martin's Dursban
                                                      Insecticide
                                                      Granules
                                 53883-52:           Martin's Dursban 21/
                                                      2% Insecticide
                                                      Granules
Micro-Flo Company                51036-117:          Chlorpyrifos 1/2%
                                                      Bait
                                 51036-122:          Micro-flo
                                                      Chlorpyrifos
                                                      Termite
                                                      Concentrate
                                 51036-152:          Micro-Flo
                                                      Chlorpyrifos 2E
                                 51036-153:          Chlorpyrifos1% Bait
                                 51036-154:          Chlorpyrifos 4-E
                                                      Insecticide
                                 51036-216:          Micro-Flo
                                                      Chlorpyrifos 4E
                                                      Wood Treatment
                                 51036-220:          1% Chlorpyrifos
                                                      Granule
                                 51036-247:          Chlorpyrifos 2.5% G
                                 51036-259:          Chlorpyrifos 2.32
                                                      Bait
                                 51036-263:          Chlorpyrifos 1/2%
                                                      Granule
                                 51036-264:          Chlorpyrifos 2.32%
                                                      Granule
                                 51036-291:          Chlorpyrifos 4# AG
                                 51036-300:          Chlorpyrifos 15G
Dow AgroSciences LLC             62719-11:           Dursban 4E
                                                      Insecticide
                                 62719-14:           Dursban 1/2 G
                                                      Granular
                                 62719-34:           Lorsban 15G
                                 62719-35:           Dursban Turf
                                                      Insecticide
                                 62719-39:           Lorsban 50W
                                                      Wettable Powder
                                                      SLNs; FL9000500,
                                                      GA93000300
                                 62719-47:           Dursban TC
                                 62719-54:           Dursban 1-D
                                                      Insecticide
                                 62719-65:           Dursban 2E
                                 62719-68:           Dursban 50W
                                 62719-69:           Dursban WT
                                                      Insecticidal Wood
                                                      Treatment
                                                      Concentrate
                                 62719-72:           Dursban 50W in
                                                      Water Soluble
                                                      Packets
                                 62719-77:           Lentrek 6 WT
                                 62719-88:           Dursban ME20
                                                      Microencapsulated
                                                      Insecticide
                                 62719-89:           Dursban ME04
                                                      Microencapsulated
                                                      Insecticide
                                 62719-90:           Dursban ME02
                                                      Microencapsulated
                                                      Insecticide
                                 62719-166:          Dursban Pro
                                 62719-167:          Equity
                                 62719-210:          Dursban 1G
                                                      Insecticide
                                 62719-221:          Lorsban 50W
                                                      Insecticide in
                                                      Water Soluble
                                                      Packets SLNs;
                                                      FL92001000,GA93000
                                                      400
                                 62719-254:          Dursban 4E-N
                                 62719-255:          Dursban 50W Nursery
                                                      in Water Soluble
                                                      Packets
                                 62719-271:          Dursban 1F
                                 62719-276:          Dursban 2.5G
                                 62719-293:          Dursban 75WG
                                 62719-295:          Lorsban 30G
                                 62719-316:          Dursban Plus
                                                      Fertilizer 2
Makhteshim- Agan of North        66222-3:            Pyrinex
 America Inc.                                         Chlorpyrifos 4EC
                                 66222-4:            Pyrinex
                                                      Chlorpyrifos Lawn
                                                      Chinch Bug and Sod
                                                      Webworm Control
                                 66222-5:            Pyrinex
                                                      Chlorpyrifos Lawn
                                                      and Ornamental
                                                      Insecticide w/
                                                      Dursban 2E
                                 66222-6:            Pyrinex
                                                      Chlorpyrifos
                                                      Dursban 2E
                                                      Insecticide
                                 66222-17:           Pyrinex
                                                      Chlorpyrifos
                                                      Termiticide
                                                      Concentrate
Cheminova, Inc.                  67760-6:            Cyren 2E
                                 67760-7:            Cyren 4E
                                                      Insecticide

[[Page 56892]]

 
                                 67760-10:           Cyren TC
                                 67760-31:           Cyren 2 TC
Gharda USA, Inc.                 70907-2 :           Regatta 4E
                                                      Chlorpyrifos
                                                      Professional
                                                      Insecticide
                                 70907-4:            Pilot 4E
                                                      Chlorpyrifos
                                                      Agricultural
                                                      Insecticide
                                 70907-7:            Navigator 4 TC
                                                      Chlorpyrifos
                                                      Termite
                                                      Concentrate
                                 70907-8:            Pilot 50W
                                                      Chlorpyrifos
                                                      Agricultural
                                                      Insecticide
                                 70907-9:            Regatta 50W
                                                      Chlorpyrifos
                                                      Professional
                                                      Insecticide
                                 70907-13:           Navigator 4WT
                                                      Chlorpyrifos Wood
                                                      Treatment
                                                      Concentrate
------------------------------------------------------------------------

    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 Tables 1 and 2 and voluntary 
amendment to terminate certain uses of the chlorpyrifos registrations 
identified in Table 3. 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 as published in the Federal Register of 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.

A. Manufacturing-Use Products

    1. Distribution or sale. The distribution or sale of existing 
stocks of any manufacturing-use product identified in Table 1 will not 
be lawful under FIFRA as of the 30th day following the issuance of the 
cancellation order canceling the registrations of the products 
identified in Table 1, except for the purposes of returns for 
relabeling consistent with the Agreement, shipping such stocks for 
export consistent with the requirements of section 17 of FIFRA, or for 
proper disposal.
    2. Use for producing other manufacturing-use products. The use of 
existing stocks of any manufacturing-use product identified in Table 1 
for formulation into any other manufacturing-use product will not be 
lawful under FIFRA as of the date of the cancellation order unless such 
product bears an EPA-approved label that is consistent with the 
provisions of the Agreement.
    3. Use for producing end-use products-- (i) Restricted use and 
package size limitations--(a) The use of existing stocks of any 
manufacturing-use product identified in Table 1 for formulation into 
any end-use product that is an emulsifiable concentrate (EC) will not 
be lawful under FIFRA as of December 1, 2000, unless the end-use 
product is labeled for restricted use.
    (b) The use of existing stocks of any manufacturing-use product 
identified in Table 1 for formulation into any end-use product labeled 
for any agricultural use (other than cattle ear tags) and that is not 
an EC, will not be lawful under FIFRA as of December 1, 2000, 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;
    (c) The use of existing stocks of any manufacturing-use product 
identified in Table 1 for formulation into any end-use product labeled 
solely for non-agricultural uses (other than containerized baits in 
Child Resistant Packaging (CRP)) and that is not an EC, will not be 
lawful under FIFRA as of December 1, 2000, 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) Use in products labeled for use on tomatoes or use on apple 
trees post bloom. The use of existing stocks of any manufacturing-use 
product identified in Table 1 for formulation into end-use products 
bearing instructions for use on tomatoes or use on apple trees 
following bloom will not be lawful under FIFRA as of the date of 
issuance of the cancellation order canceling the manufacturing-use 
products listed in Table 1.
    (iii) Use in products labeled for other end-uses. The use of 
existing stocks of any manufacturing-use product identified in Table 1 
for formulation into any end-use product bearing instructions for any 
of the following uses will not be lawful under FIFRA after December 1, 
2000:
    (a) All termite control uses, unless the end-use product bears 
directions for use of a maximum 0.5% chlorpyrifos end-use dilution;
    (b) Post-construction termite control, except for spot and local 
termite treatment, provided the label of the end-use 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, or food processing 
plants;
    (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, 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

[[Page 56893]]

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 and processed wood products;
    (iv) Final use date for any manufacturing-use product labeled for 
termite control. The use of existing stocks of any manufacturing-use 
product identified in Table 1 for formulation into any end-use product 
labeled for termite control will not be lawful under FIFRA after 
December 31, 2004, except that EPA will permit the continued use for 
the manufacture of end-use products labeled solely for pre-construction 
termite control if EPA has issued a written determination that the pre-
construction use may continue consistent with the requirements of 
FIFRA.
    4. All other use. Any use of existing stocks of a canceled 
manufacturing-use product identified in Table 1 that is not otherwise 
limited or prohibited as set forth in Unit III.A.1.-3. of this document 
may continue until such stocks are exhausted provided such use is in 
accordance with the existing label of that product.

B. End-Use Products

    1. Distribution, sale or use of products bearing instructions for 
use on tomatoes or apples trees post bloom. The distribution, sale or 
use of existing stocks by any person of any product listed in Table 2 
or 3 that bears instructions for post-bloom application to apple trees 
or use on tomatoes will not be lawful under FIFRA after December 31, 
2000. Any use of such product until that date must be in accordance 
with the existing labeling of that product.
    2. Distribution or sale by registrants of products bearing other 
uses-- (i) Restricted use and package size limitations-- (a) The 
distribution or sale by registrants of existing stocks of any EC 
formulation product listed in Table 2 or 3 will not be lawful under 
FIFRA after February 1, 2001 unless the product is labeled as 
restricted use.
    (b) The distribution or sale by registrants of existing stocks of 
any product listed in Table 2 or 3 labeled for any agricultural use 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, 50 pounds of a granular formulation, or 25 pounds of any 
other dry formulation;
    (c)The distribution or sale by registrants of existing stocks of 
any product listed in Table 2 or 3 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. The distribution or sale of existing stocks 
by registrants of any product identified in Table 2 or 3 that bears 
instructions for any of the following uses will not be lawful under 
FIFRA after February 1, 2001:
    (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, or food processing 
plants;
    (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 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 and processed wood products.
    3. Retail and other distribution or sale. The retail sale of 
existing stocks of products listed in Table 2 or 3 bearing instructions 
for the prohibited uses set forth in Unit III.B.2.(b)(i)-(vi) of this 
document will not be lawful under FIFRA after December 31, 2001. Except 
as provided in the previous sentence or in Units III.B.1. and III.B.4 
of this document, EPA intends to permit distribution or sale of 
products identified in Table 2 or 3 by persons other than registrants 
until such stocks are exhausted.
    4. Final distribution, sale and use date for preconstruction 
termite control. The distribution, sale or use of any product listed in 
Table 2 or 3 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.
    5. Use of existing stocks. Except for products bearing those uses 
identified in Units III.B.1. and III.B.4. of this document, EPA intends 
to permit the use of existing stocks of products listed in Table 2 or 3 
until such stocks are exhausted, provided such use is in accordance 
with the existing labeling of that product.

IV. Notification of Intent to Revoke Tolerances

    This document also serves to give notice that the Agency intends to 
propose to revoke the tolerance found in 40 CFR 180.342 for residues of 
chlorpyrifos in or on tomatoes with a revocation date of June 30, 2001. 
Accordingly, the Agency will issue such a proposed rule to be published 
in the Federal Register. In the June 7, 2000, Agreement, the 
registrants agreed to cancel the use of chlorpyrifos products on 
tomatoes. The Agreement states that chlorpyrifos manufacturing-use 
products may not be reformulated for use on tomatoes, and that EPA 
intends to prohibit all distribution, sale, or use of any end-use 
product bearing instructions for post-bloom application to apple trees 
or use on tomatoes after December 31, 2000. In addition, this document 
serves to give notice that the Agency intends to propose to lower 
tolerances found in 40 CFR 180.342 for residues of chlorpyrifos in or 
on apples and grapes. The Agency will issue such a proposed rule to be 
published in the Federal Register.

V. Import Tolerance Guidance

    The Agency recognizes that interested parties may want to retain a 
tolerance in the absence of a U.S. registration, to allow legal 
importation of food into the United States. To assure that all food 
marketed in the United States is safe, under the FFDCA, EPA may require 
the same technical chemistry and toxicology data for such import 
tolerances (tolerances without related

[[Page 56894]]

U.S. registrations) as required to support U.S. food use registrations 
and any resulting tolerances. In addition, EPA may require residue 
chemistry data (crop field trials) that are representative of growing 
conditions in exporting countries in the same manner that the Agency 
requires representative residue chemistry data from different U.S. 
regions to support domestic use of the pesticides and the tolerance. 
Interested parties should contact the Agency for written guidance on 
adapting U.S. residue chemistry data requirements to non-U.S. growing 
conditions in order to support an import tolerance.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.


    Dated:September 12, 2000.

Lois A. Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 00-24211 Filed 9-19-00; 8:45 am]
BILLING CODE 6560-50-S