[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Notices]
[Pages 63237-63241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29779]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-34203K; FRL-6811-4]


Chlorpyrifos; Receipt of Requests for End-Use Product 
Cancellations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: Companies that hold the pesticide registrations of end-use 
pesticide products containing chlorpyrifos [O,O-diethyl O-(3,5,6-

[[Page 63238]]

trichloro-2-pyridinyl)phosphorothioate] have asked EPA to cancel their 
registrations. Pursuant to section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), EPA is announcing the Agency's 
receipt of these requests from the registrants. These requests for 
voluntary cancellation are the result of a Memorandum of Agreement 
signed by EPA and the basic manufacturers of the active ingredient 
chlorpyrifos on June 7, 2000. Registrants identified in this notice 
requesting voluntary cancellation are in large part the customer of 
these basic manufacturers. Given the potential risks, both dietary and 
non-dietary, that chlorpyrifos use poses, to children, EPA intends to 
grant the requested cancellations. EPA also plans to issue a 
cancellation order for the canceled registrations at the close of the 
comment period for this announcement. Upon the issuance of the 
cancellation order, any distribution, sale, or use of these 
chlorpyrifos products will only be permitted if such distribution, 
sale, or use is consistent with the terms of that order.

DATES: Comments, identified by docket control number OPP-34203K, must 
be received on or before January 4, 2002. Comments on the requested 
registration cancellations must be submitted to the address provided 
below and identified by docket control number OPP-34203K.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-34203K in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, telephone number: 703-308-8589; fax number: 703-
308-8041; e-mail address: [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 http://www.epa.gov/pesticides/op/chlorpyrifos.htm.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34203K. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-34203K in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [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-34203K. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

[[Page 63239]]

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Receipt of Requests to Cancel Registrations

A. Background

    In a memorandum of agreement (``Agreement'') effective June 7, 
2000, EPA and the basic manufacturers of the active ingredient 
chlorpyrifos agreed to several voluntary measures that will reduce the 
potential exposure to children associated with chlorpyrifos containing 
products. EPA initiated the negotiations with registrants after finding 
chlorpyrifos, as currently registered, was an exposure risk especially 
to children. As a result of the Agreement, registrants that hold the 
pesticide registrations of end-use products containing chlorpyrifos 
(who are in large part the customer of these basic manufacturers) have 
asked EPA to cancel their registrations for these products. Pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), EPA is announcing the Agency's receipt of these 
cancellation requests from the registrants.
    In the Federal Register of September 20, 2000 (65 FR 56886) (FRL-
6743-7), EPA published a notice of the Agency's receipt of amendments 
and cancellations for manufacturing use products and associated end-use 
products for signatories of the Memorandum of Agreement signed on June 
7, 2000, and subsequent ancillary agreements. These requests were 
submitted as a result of the Memorandum of Agreement that was signed on 
June 7, 2000, between EPA and the basic manufacturers of chlorpyrifos. 
A copy of the Memorandum of Agreement that was signed on June 7, 2000, 
is located in OPP docket control number 34203D.

B. Requests for Voluntary Cancellation of End-Use Products

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

       Table -- End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
            Company                  Reg. No.             Product
------------------------------------------------------------------------
Dragon Chemical Corporation     16-101             Dursban 1/2 Granular
                                                    Insecticide
 
                                16-123             Dragon Home Pest
                                                    Control
 
                                16-139             Dragon Home Pest
                                                    Killer
 
                                16-146             Dragon Termite and
                                                    Soil Insect Killer
 
                                16-163             Dragon Crawling
                                                    Insect Killer
 
                                16-172             Dragon Dursban 1%
                                                    Granular Insecticide
------------------------------------------------------------------------
 
  The Scotts Company            239-2423           Ortho Lawn Insect
                                                    Spray
 
                                239-2490           Ortho Home Pest
                                                    Insect Control
 
                                239-2513           Ortho-Klor Soil
                                                    Insect and Termite
                                                    Killer
 
                                239-2517           Ortho-Klor Indoor &
                                                    Outdoor Insect
                                                    Killer
 
                                239-2520           Ortho Mole Cricket
                                                    Bait Formula II
 
                                239-2521           Ortho Mole Cricket
                                                    Bait Formula III
 
                                239-2570           Ortho-Klor 1% Dursban
                                                    Lawn & Soil Granules
 
                                239-2633           Ortho Dursban Lawn
                                                    Insect Formula II
 
                                239-2635           Ortho Multipurpose
                                                    Borer & Insect Spray
------------------------------------------------------------------------
 
Amvac Chemical Corporation      5481-68            Alco Chlorpyrifos 1E
                                                    Emulsifiable
                                                    Insecticide
 
                                5481-121           Chlorpyrifos Granules
                                                    1
 
                                5481-216           Dursban-DDVP 2.50
                                                    Pest Control
 
                                5481-217           Dursban-DDVP 1.25
 
                                5481-221           Dursban 2E
                                                    Insecticide
 
                                5481-222           Bilco Dursban 4E
                                                    Insecticide
 
                                5481-240           Alco Bug Spray Flea,
                                                    Ant and Roach Killer
------------------------------------------------------------------------
 

[[Page 63240]]

 
Contact Industries, a Division  10806-52           Contact Roach & Ant
 of Safeguard Chemical                              Killer II
 Corporation
 
                                10806-99           Contact Ant and Roach
                                                    Killer IV
 
                                10806-100          Contact Ant and Roach
                                                    Killer XV
 
                                10806-101          Contact Liquid Ant &
                                                    Roach Killer V
 
                                10806-102          Contact Roach and Ant
                                                    Killer XVI
------------------------------------------------------------------------
 
Amrep, Incorporated             10807-116          Misty Ant, Roach, &
                                                    Spider Residual
                                                    Insecticide with
                                                    Dursban
 
                                10807-187          Misty Aqueous
                                                    Residual Spray
------------------------------------------------------------------------
 
Drexel Chemical Company         19713-229          Drexel Chlorpyrifos
                                                    0.5G
 
                                19713-341          Leisur and Lawn
                                                    Insect Control
------------------------------------------------------------------------

    Under section 6(f)(1)(A) of FIFRA, registrants may request at any 
time, that EPA cancel any of their pesticide registrations. Section 
6(f)(1)(B) of FIFRA requires that EPA provide a 30-day period in which 
the public may comment before the Agency may act on the request for 
voluntary cancellation. Given the potential risks, both dietary and 
non-dietary, that chlorpyrifos use poses, to children, EPA intends to 
grant the requested cancellations at the close of the comment period 
for this announcement.

III. Proposed Existing Stocks Provisions

    The registrants have requested voluntary cancellation of the 
chlorpyrifos registrations identified in the Table. Pursuant to section 
6(f) of FIFRA, EPA intends to grant the requests for voluntary 
cancellations. For purposes of the cancellation order that the Agency 
intends to issue at the close of the comment period for this 
announcement, the term ``existing stocks'' will be defined pursuant to 
EPA's existing stocks policy at June 26, 1991 (56 FR 29362) (FRL-3846-
4) as those stocks of a registered pesticide product, which are 
currently in the United States and which have been packaged, labeled, 
and released for shipment prior to the effective date of the 
cancellation. Any distribution, sale, or use of existing stocks after 
the effective date of the cancellation order that the Agency intends to 
issue that is not consistent with the terms of that order will be 
considered a violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of 
FIFRA.
    1. Distribution or sale by registrants--i. Restricted use and 
package size limitations. Except for the purposes of returns for 
relabeling consistent with the June 7, 2000, Memorandum of Agreement, 
shipping for export consistent with the requirements of section 17 of 
FIFRA, or proper disposal:
    (a) The distribution or sale by registrants of existing stocks of 
any EC formulation product listed in the Table will not be lawful under 
FIFRA, as of the date of publication of the cancellation order in the 
Federal Register, unless the product is labeled as restricted use.
    (b) The distribution or sale by registrants of existing stocks of 
any product listed in the Table (other than containerized baits in 
child resistant packaging (CRP)) that is not an EC, will not be lawful 
under FIFRA as of the date of the cancellation notice, unless the 
product is either labeled for restricted use or packaged in containers 
no smaller than 15 gallons of a liquid formulation or 25 pounds of a 
dry formulation.
    ii. Prohibited uses. Except for the purposes of returns for 
relabeling consistent with the June 7, 2000 Memorandum of Agreement, 
shipping for export consistent with the requirements of section 17 of 
FIFRA, or proper disposal, the distribution or sale of existing stocks 
by registrants of any product identified in the Table that bears 
instructions for any of the following uses will not be lawful under 
FIFRA as of the date of publication of the cancellation order in the 
Federal Register:
    (a) Termite control, unless the product bears directions for use of 
a maximum 0.5% active ingredient (a.i.) chlorpyrifos end-use dilution.
    (b) Post-construction termite control, except for spot and local 
termite treatment, provided the label of the product states that the 
product may not be used for spot and local treatment after December 31, 
2002.
    (c) Indoor residential except for containerized baits in CRP.
    (d) Indoor non-residential except for containerized baits in CRP 
and products with formulations other than EC that bear labeling solely 
for one or more of the following uses: Warehouses, ship holds, railroad 
boxcars, industrial plants, manufacturing plants, food processing 
plants, or processed wood products treated during the manufacturing 
process at the manufacturing site or at the mill.
    (e) Outdoor residential except for products bearing labeling solely 
for one or more of the following public health uses: Individual fire 
ant mound treatment by licensed applicators or mosquito control by 
public health Agencies.
    (f) Outdoor non-residential, non-agricultural except for products 
that bear labeling solely for one or more of the following uses: Golf 
courses, road medians, and industrial plant sites, provided the maximum 
label application rate does not exceed 1 lb a.i./per acre; mosquito 
control for public health purposes by public health Agencies; 
individual fire ant mound treatment for public health purposes by 
licensed applicators; and fence posts, utility poles, railroad ties, 
landscape timbers, logs, pallets, wooden containers, poles, posts, 
processed wood products, manhole covers, and underground utility cable 
and conduits.
    2. Retail and other distribution or sale. The retail sale of 
existing stocks of products listed in the Table bearing instructions 
for the prohibited uses set forth above in Units III.1.(ii) (a)-(f) of 
this document will not be lawful under FIFRA after December 31, 2001. 
Except as otherwise provided in this order, any other distribution or 
sale (for example, return to the manufacturer for relabeling) is 
permitted until stocks are exhausted.

[[Page 63241]]

    3. Final distribution, sale and use date for pre-construction 
termite control. The distribution, sale or use of any product listed in 
the Table bearing instructions for pre-construction termiticide use 
will not be lawful under FIFRA after December 31, 2005, unless prior to 
that date, EPA has issued a written determination that such use may 
continue consistent with the requirements of FIFRA.
    4. Use of existing stocks. Except for products bearing those uses 
identified above in Unit III.3. of this document, EPA intends to permit 
the use of existing stocks of products listed in the Table until such 
stocks are exhausted, provided such use is in accordance with the 
existing labeling of that product.

List of Subjects

    Environmental protection, Memorandum of Agreement, Pesticides and 
pests.

    Dated: November 20, 2001.

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

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