[Federal Register Volume 65, Number 235 (Wednesday, December 6, 2000)]
[Notices]
[Pages 76233-76240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-30917]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34203F; FRL-6758-2]


Chlorpyrifos; Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces a cancellation order that was signed 
November 27, 2000, announcing the use deletions and cancellations as 
requested by the companies that hold the registrations of pesticide 
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 September 20, 
2000, notice of receipt of requests for amendments to delete uses and 
receipt of a request for registration cancellations. In that notice, 
EPA indicated that it would issue an order confirming the voluntary use 
deletions and 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 December 1, 2000.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental

[[Page 76234]]

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.

 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.

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 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 announced the Agency's receipt of these 
requests from the registrants on September 20, 2000 (65 FR 56886). 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, 
containerized baits in CRP, and processed wood products treated during 
the manufacturing process at the manufacturing site or at the mill); 
all outdoor non-residential sites (except golf courses, road medians, 
industrial plant sites, fence posts, utility poles, railroad ties, 
landscape timbers, logs, pallets, wooden containers, poles, posts, 
processed wood products, manhole covers and underground utility cable 
and conduits; and fire ant mound drenches for public health purposes by 
licensed applicators and mosquito control for public health purposes by 
public health agencies); 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.
    On September 20, 2000, (65 FR 56886) (FRL-6743-7), EPA published in 
the Federal Register 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 that was signed 
on June 7, 2000 and subsequent ancillary agreements. A copy of the 
Memorandum of Agreement that was signed on June 7, 2000 is located in 
docket control number OPP-34203D.

 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.

[[Page 76235]]



 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             UltratecInsecticid
                                                       e w/
                                                       ChlorpyrifosEsbio
                                                       thrin Trans.E.C.
                                                       2.5% -25%
                                  432-649             UltratecInsecticid
                                                       e w/ SBP-1382/
                                                       Chlorpyrifos
                                                       Trans.E.C. 1.6% -
                                                       16%
                                  432-661             UltratecInsecticid
                                                       e w/Chlorpyrifos/
                                                       EsbiothrinTrans.
                                  432-662             UltratecInsecticid
                                                       e w/
                                                       ChlorpyrifosTrans
                                                       . Emuls. 25%
                                  432-682             UltratecInsecticid
                                                       e w/Chlorpyrifos/
                                                       Pyr/PBO
                                                       Trans.Emuls. 1.5
                                                        7.5 - 15
                                  432-692             UltratecInsecticid
                                                       e 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
                                                       5Residual
                                                       InsecticideInterm
                                                       ediate
                                  432-1095            PyrenoneDursban
                                                       Aqueous Base
                                  432-1104            PyrenoneDursban W-
                                                       B
                                  432-1106            PyrenoneDursban
                                                       Aqueous Base II
Verdant Brands, Inc.              769-690             SMCP DFC-
                                                       4Formulators
                                                       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 America  11678-45            Pyrinex
 Inc.                                                  Chlorpyrifos
                                                       Insecticide
Platte Chemical Company           34704-801           Chlorpyrifos
                                                       Technical
Luxembourg Industries (Pamol)     42519-17            DorsanTechnical
 Ltd.
Insecta Sales & Research, Inc.    45600-6             Insecta No.105
Micro-Flo Company                 51036-217           Chlorpyrifos61.5%
                                                       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
------------------------------------------------------------------------

    In the Federal Register notice published on September 20, 2000, 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 period provided 
under FIFRA section6(f)(1)(C). One public comment was submitted to the 
docket in response to EPA's request for comments.This comment was a 
generic comment on the overall organophosphate process focusing on the 
development of a new process for review of the organophosphate 
pesticides that did not relate to this action specifically.

 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/
                                                       ChlorpyrifosTrans
                                                       parent Emulsion
                                                       Dilutable Conc.
                                                       1.6% + 16%
                                  432-568             Ultratec
                                                       Insecticide w/
                                                       SBP-1382/
                                                       ChlorpyTrans.
                                                       EM.Dil.Conc. 3.2%
                                                       + 16%
                                  432-569             SBP-1382/
                                                       ChlorpyrifosTrans
                                                       parent Emulsion
                                                       Spray0.1 % + 0.5%
                                  432-1027            PyrenoneDursban
                                                       Roach & Ant Spray
                                  432-1059            PyrenoneDursban
                                                       Dual Use E.C.
                                  432-1101            AqueousResidual
                                                       Spray
                                  432-1107            Pyrenone Dursban
                                                       Water-Based
                                                       Pressurized Spray
Verdant Brands, Inc.              769-562             Mole Cricket Bait
                                                       D
                                  769-576             Sureco Indoor Pest
                                                       Control

[[Page 76236]]

 
                                  769-578             Sureco Yard and
                                                       Kennel Spray
                                                       Concentrate
                                  769-607             R&M InsectSpray
                                                       withResmethrin/
                                                       Dursban
                                  769-666             Dursban 1E
                                                       Insecticide
                                  769-668             SMCP D/V217
                                                       Insecticide
                                  769-672             SMCP Residual
                                                       Roach Spray
                                  769-685             SMCP Dursban
                                                       Household
                                                       Insecticide
                                  769-694             SMCPXtraban 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
                                  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            Lorsban 1-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

[[Page 76237]]

 
                                  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
------------------------------------------------------------------------

     In the Federal Register notice published on September 20, 2000, 
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 period 
provided under FIFRA section 6(f)(1)(C).
     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 
all of their other end-use registrations of pesticide products 
containing chlorpyrifos to delete the aforementioned uses. 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
                                                       2EInsecticide
                                  769-662             SMCP Dursban .5%
                                                       Granular
                                                       Insecticide
                                  769-679             Dursban 1%
                                                       Granular
                                                       Insecticide
                                  769-680             Dursban Mole
                                                       Cricket Bait
                                  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
                                  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,
                                                       GA93000400)
                                  62719-254           Dursban 4E-N
                                  62719-255           Dursban 50W
                                                       Nursery in Water
                                                       Soluble Packets

[[Page 76238]]

 
                                  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 America  66222-3             Pyrinex
 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
                                  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
------------------------------------------------------------------------

     In the Federal Register notice published on September 20, 2000, 
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 period 
provided under FIFRA section 6(f)(1)(C).

III. Cancellation Order

     Pursuant to section 6(f) of FIFRA, EPA is approving the requested 
use deletions and the requested registration cancellations. 
Accordingly, the Agency orders that the registrations identified in 
Table 3 are hereby amended to delete the following uses: All post-
construction termite control uses, except spot and local treatment ( 
use of such products for spot and local treatment will be prohibited 
after December 31, 2002 by product labeling); all other termite control 
uses, effective December 31, 2004 (unless EPA has made a decision prior 
to that date that preconstruction use may continue); 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, non-agricultural uses 
(except ship holds, industrial plants, manufacturing plants, food 
processing plants, containerized baits in CRP, and processed wood 
products treated during the manufacturing process at the manufacturing 
site or at the mill); all outdoor non-residential, non-agricultural 
sites (except golf courses, road medians, industrial plant sites, fence 
posts, utility poles, railroad ties, landscape timbers, logs, pallets, 
wooden containers, poles, posts, processed wood products, manhole 
covers and underground utility cable and conduits; and fire ant mound 
drenches for public health purposes by licensed applicators and 
mosquito control for public health purposes by public health agencies); 
and use on tomatoes and post-bloom apple trees (except for tree trunk 
use). The Agency also orders that the registrations identified in 
Tables 1 and 2 are hereby canceled. Any distribution, sale, or use of 
existing stocks of the products identified in Tables 1-3 in a manner 
inconsistent with the terms of this Order or the Existing Stock 
Provisions in Unit IV. of this document 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.

 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 December 27, 2000, except for the purposes 
of returns for relabeling consistent with the June 7, 2000 Memorandum 
of 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 December 1, 2000 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

[[Page 76239]]

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 (except for tree trunk use) will not be lawful under 
FIFRA as of December 1, 2000.
    (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, 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 1lb./ai per acre; mosquito 
control for public health purposes by public health agencies; 
individual fire ant mound treatment for public health purposes by 
licensed applicators; and fence posts, utility poles, railroad ties, 
landscape timbers, logs, pallets, wooden containers, poles, posts, 
processed wood products, manhole covers and underground utility cable 
and conduits.
    (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 by this order 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 of products bearing instructions for use on 
tomatoes or apple trees post bloom. The distribution or sale 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 
(other than tree trunk use) or use on tomatoes will not be lawful under 
FIFRA after December 31, 2000, except for the purposes of returns for 
relabeling consistent with the June 7, 2000 Memorandum of Agreement, 
shipping such stocks for export consistent with the requirements of 
section 17 of FIFRA, or proper disposal. Any use of such products for 
post-bloom application to apple trees (other than tree trunk use) or 
tomatoes will not be lawful after December 31, 2000. All other use of 
such products may continue until stocks are exhausted, provided such 
use is 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. 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 Table 2 or 3 that is an EC 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 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 . 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 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, 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 1lb./ai per acre; mosquito 
control for public

[[Page 76240]]

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.
    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 IV.B.2.(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.
    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 above in Units IV.B.1. and IV.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.

List of Subjects

     Environmental protection, Memorandum of Agreement, Pesticides and 
pests.


    Dated: November 27, 2000.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 00-30917 Filed 12-5-00; 8:45 am]
BILLING CODE 6560-50-S