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Chlorpyrifos; End-Use Products Cancellation Order
[Federal Register: January 25, 2002 (Volume 67, Number 17)] [Notices] [Page 3698-3700] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr25ja02-62] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [OPP-34203J; FRL-6819-6-] Chlorpyrifos; End-Use Products Cancellation Order AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice announces the cancellations, as requested by the companies, that hold the registrations of pesticide end-use products containing the active ingredient chlorpyrifos and accepted by EPA, pursuant to section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows up a December 5, 2001, notice of receipt of requests for registration cancellations. In that notice, EPA indicated that it would issue an order confirming the voluntary registration cancellations. Any distribution, sale, or use of canceled chlorpyrifos products is only permitted in accordance with the terms of the existing stocks provisions of this cancellation order. DATES: The cancellations are effective January 25, 2002. FOR FURTHER INFORMATION CONTACT: Tom Myers, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, telephone number: (703) 308-8589; fax number: (703) 308-8041; e-mail address: myers.tom@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? This action is directed to the public in general. You may be potentially affected by this action if you manufacture, sell, distribute, or use chlorpyrifos products. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposes of 5 U.S.C. 804(3). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Additional Information, Including Copies of This Document and Other Related Documents? 1. Electronically. You may obtain electronic copies of this document, and certain other related documents that might be available electronically, from the EPA Internet Home Page at http://www.epa.gov/. To access this document, on the Home Page select ``Laws and Regulations,'' ``Regulations and Proposed Rules,'' and then look up the entry for this document under the ``Federal Register--Environmental Documents.'' You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. To access information about the risk assessment [[Page 3699]] for chlorpyrifos, go to the Home Page for the Office of Pesticide Programs or go directly to http://www.epa.gov/pesticides/op/ chlorpyrifos.htm. 2. In person. The Agency has established an official record for this action under docket control number OPP-34203J. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as Confidential Business Information (CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is (703) 305-5805. II. Receipt of Requests to Cancel and Amend Registrations to Delete Uses A. Background In a memorandum of agreement (``Agreement'') effective June 7, 2000, EPA and the basic manufacturers of the active ingredient chlorpyrifos agreed to several voluntary measures that will reduce the potential exposure to children associated with chlorpyrifos containing products. EPA initiated the negotiations with registrants after finding chlorpyrifos, as currently registered, was an exposure risk especially to children. As a result of the Agreement, registrants that hold the pesticide registrations of end-use products containing chlorpyrifos (who are in large part the customer of these basic manufacturers) have asked EPA to cancel their registrations for these products. In the Federal Register of December 5, 2001 (66 FR 63237) (FRL- 6811-4), EPA published a notice of the Agency's receipt of end-use product cancellation requests from registrants that hold the pesticide registrations containing chlorpyrifos (who are in large part the customer of the basic manufacturers). These requests were submitted as a result of the Memorandum of Agreement that was signed on June 7, 2000, between EPA and the basic manufacturers of chlorpyrifos. A copy of the Memorandum of Agreement that was signed on June 7, 2000, is located in OPP docket control number 34203D. B. Requests for Voluntary Cancellation of End-Use Products Pursuant to the Agreement and FIFRA section 6(f)(1)(A), several registrants have submitted requests for voluntary cancellation of registrations for their end-use products. The registrations for which cancellations were requested are identified in the following Table 1. Table 1. End-Use Product Registration Cancellation Requests ------------------------------------------------------------------------ Company Reg. No. Product ------------------------------------------------------------------------ Dragon Chemical Corporation 16-101 Dursban 1/2 Granular Insecticide 16-123 Dragon Home Pest Control 16-139 Dragon Home Pest Killer 16-146 Dragon Termite and Soil Insect Killer 16-163 Dragon Crawling Insect Killer 16-172 Dragon Dursban 1% Granular Insecticide ------------------------------------------------------------------------ The Scotts Company 239-2423 Ortho Lawn Insect Spray 239-2490 Ortho Home Pest Insect Control 239-2513 Ortho-Klor Soil Insect and Termite Killer 239-2517 Ortho-Klor Indoor & Outdoor Insect Killer 239-2520 Ortho Mole Cricket Bait Formula II 239-2521 Ortho Mole Cricket Bait Formula III 239-2570 Ortho-Klor 1% Dursban Lawn & Soil Granules 239-2633 Ortho Dursban Lawn Insect Formula II 239-2635 Ortho Multipurpose Borer & Insect Spray ------------------------------------------------------------------------ Amvac Chemical Corporation 5481-68 Alco Chlorpyrifos 1E Emulsifiable Insecticide 5481-121 Chlorpyrifos Granules 1 5481-216 Dursban-DDVP 2.50 Pest Control 5481-217 Dursban-DDVP 1.25 5481-221 Dursban 2E Insecticide 5481-222 Bilco Dursban 4E Insecticide 5481-240 Alco Bug Spray Flea, Ant and Roach Killer ------------------------------------------------------------------------ Contact Industries, a Division 10806-52 Contact Roach & of Safeguard Chemical Ant Killer II Corporation 10806-99 Contact Ant and Roach Killer IV 10806-100 Contact Ant and Roach Killer XV 10806-101 Contact Liquid Ant & Roach Killer V 10806-102 Contact Roach and Ant Killer XVI ------------------------------------------------------------------------ Amrep, Incorporated 10807-116 Misty Ant, Roach, & Spider Residual Insecticide with Dursban 10807-187 Misty Aqueous Residual Spray ------------------------------------------------------------------------ Drexel Chemical Company 19713-229 Drexel Chlorpyrifos 0.5G 19713-341 Leisur and Lawn Insect Control ------------------------------------------------------------------------ [[Page 3700]] In the Federal Register notice of December 5, 2001 (66 FR 63237), EPA requested public comment on the voluntary cancellation and use deletion requests, and provided a 30-day comment period. The registrants requested that the Administrator waive the 180-day comment period provided under FIFRA section 6(f)(1)(C). No public comments were submitted to the docket in response to EPA's request for comments. III. Cancellation Order Pursuant to section 6(f) of FIFRA, EPA is approving the requested registration cancellations. The Agency orders that the registrations identified in Table 1 are hereby canceled. After January 25, 2002, any distribution, sale, or use of existing stocks of the products identified in Table 1 in a manner inconsistent with the terms of this Order or the Existing Stock Provisions in Unit IV of this Federal Register notice will be considered a violation of section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of FIFRA. IV. Existing Stocks Provisions For purposes of this Order, the term ``existing stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 26, 1991), as those stocks of a registered pesticide product which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the amendment or cancellation. 1. Distribution or sale by registrants. Except for the purposes of returns for relabeling consistent with the June 7, 2000 Memorandum of Agreement, shipping for export consistent with the requirements of section 17 of FIFRA, or proper disposal, the distribution or sale of existing stocks by registrants of any product identified in Table 1 will not be lawful under FIFRA after January 25, 2002. 2. Retail and other distribution or sale. The retail sale of existing stocks of products listed in Table 1 will not be lawful under FIFRA after January 25, 2002. Except as otherwise provided in this order, any other distribution or sale (for example, return to the manufacturer for relabeling) is permitted until stocks are exhausted. 3. Use of existing stocks. The use of existing stocks of products listed in Table 1 is permitted until such stocks are exhausted, provided such use is in accordance with the existing labeling of that product. List of Subjects Environmental protection, Memorandum of Agreement, Pesticides andpests. Dated: January 15, 2002. Jack Housenger, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 02-1764 Filed 1-24-02; 8:45am] BILLING CODE 6560-50-S