66 FR 17 pgs. 7753-7759 - Chlorpyrifos; End-Use Products Cancellation Order
Type: NOTICEVolume: 66Number: 17Pages: 7753 - 7759
Docket number: [OPP-34203G; FRL-6764-2]
FR document: [FR Doc. 01-2184 Filed 1-24-01; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
[OPP-34203G; FRL-6764-2]
Chlorpyrifos; End-Use Products Cancellation Order
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notice.
SUMMARY:
This notice announces the use deletions and 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 November 17, 2000, notice of receipt of requests for amendments to delete uses and receipt of requests 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 January 25, 2001.
FOR FURTHER INFORMATION CONTACT:
Tom Myers, SpecialReview and Reregistration Division (7508C), Office of Pesticide Programs, EnvironmentalProtection 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 actionif 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 EnforcementFairness 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 allthe specific entities that may be affected by this action. If you have any questions regarding theapplicability of this action to a particular entity, consult the person listed under FORFURTHER INFORMATION CONTACT .
B. How Can I Get Additional Information, Including Copies of this Document and OtherRelated Documents?
1. Electronically . You may obtain electronic copies of this document, andcertain other related documents that might be available electronically, from the EPA InternetHome Page at http://www.epa.gov/. To access this document, on the Home Page select"Laws and Regulations," "Regulations and Proposed Rules," andthen look up the entry for this document under the " FederalRegister -Environmental Documents." You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/. To access informationabout the risk assessment for chlorpyrifos, go to the Home Page for the Office of PesticidePrograms or go directly http://www.epa.gov/pesticides/op/chlorpyrifos.htm.
2. In person . The Agency has established an official record for this actionunder docket control number OPP-34203E. The official record consists of the documentsspecifically referenced in this action, any public comments received during an applicable commentperiod, and other information related to this action, including any information claimed asConfidential Business Information (CBI). This official record includes the documents that arephysically 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. Thepublic version of the official record, which includes printed, paper versions of any electroniccomments submitted during an applicable comment period, is available for inspection in the PublicInformation and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921Jefferson 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 basicmanufacturers of the active ingredient chlorpyrifos agreed to several voluntary measures that willreduce the potential exposure to children associated with chlorpyrifos containing products. EPAinitiated the negotiations with registrants after finding chlorpyrifos, as currently registered, was anexposure risk especially to children. As a result of the Agreement, registrants that hold thepesticide registrations of end-use products containing chlorpyrifos (who are in large part thecustomer of these basic manufacturers) have asked EPA to cancel or amend their registrations forthese products. Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and RodenticideAct (FIFRA), EPA announced the Agency's receipt of these requests from the registrants by a Federal Register notice published on November 17, 2000 (65 FR 69518) (FRL-6753-3). With respect to the registration amendments, the registrantshave asked EPA to amend end-use product registrations to delete the following uses: all termitecontrol uses (these will be phased out); all residential uses (except for ant and roach baits in childresistant packaging (CRP) and fire ant mound drenches for public health purposes by licensedapplicators and mosquito control for public health purposes by public health agencies); all indoornon-residential uses (except ship holds, industrial plants, manufacturing plants, food processingplants, containerized baits in CRP, and processed wood products treated during themanufacturing 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 forpublic health purposes by licensed applicators and mosquito control for public health purposes bypublic health agencies); and use on post-bloom apple trees. In addition, the companies agreed tolimit the maximum chlorpyrifos end-use dilution to 0.5% active ingredient (a.i.) for termiticideuses that will be phased out, limit the maximum label application rate for outdoor non-residentialuse on golf courses, road medians, and industrial plant sites to 1 lb/a.i. per acre, and either classifyall new/amended chlorpyrifos products (except baits in CRP) as Restricted Use or package theproducts in large containers, depending on the formulation type, to ensure that remainingchlorpyrifos products are not available to homeowners. In return, EPA stated that with thisAgreement, it had no current intention to initiate any cancellation or suspension proceedingsunder section 6(b) or 6(c) of FIFRA with respect to the issues addressed in the Agreement.
In the Federal Register of November 17, 2000, EPA published a notice of the Agency's receipt of end-use product amendments and cancellations 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 docket control number OPP-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.
| Company | Reg. No. | Product |
|---|---|---|
| Verdant Brands, Inc. | 70-178 | Dursban 1/2G GranularInsecticide |
| 70-180 | Dursban Lawn Ornamental Spray | |
| 70-184 | Kill-Ko Dursban 1G Granular Insecticide | |
| 70-228 | Home Pest Insect Killer | |
| 70-232 | Rigo Dursban 2EC Liquid Insecticide | |
| 70-255 | Rigo Home Pest Control | |
| 70-286 | Rigo Dursban 1E Insecticide | |
| 70-290 | Rigo's Best Termite Killer | |
| Dexol, A Division of Verdant Brands, Inc. | 192-141 | Dexol Dexa-Klor Granules Soil Insect Control |
| 192-142 | Dexol Dexa-Klor Insect Spray | |
| 192-151 | Dexol Dexa-Klor Pest Control Indoor Insect Killer | |
| 192-171 | Dexol Roach, Cricket and Spider Dust | |
| 192-173 | Dexol Termite and Lawn Insect Killer | |
| 192-180 | Dexol Dursban Granules Insect Control | |
| 192-192 | Dexol Predator Home Insect Killer II | |
| Whitmire Micro-Gen Research Laboratories,Inc. | 499-147 | Whitmire PT 270 Dursban |
| 499-256 | Whitmire Chlorpyrifos Pressurized Residual Spray | |
| 499-270 | Whitmire 1-12 Insecticide | |
| 499-292 | Whitmire PT 279 Engage Residual Injection System | |
| 49-315 | Whitmire Duration PT 275 | |
| 499-317 | Whitmire 1-6 Insecticide | |
| 499-364 | Whitmire PT 1900 Total Release Insecticide | |
| 499-379 | Whitmire PT 479 Regulator | |
| 499-423 | Whitmire TC-135 Chlorpyrifos MC | |
| 499-424 | Whitmire TC-160 Microencapsulated Termiticide | |
| 499-448 | Whitmire TC 151 Bait | |
| Walco-Linck Company | 506-158 | TAT Flea Tick Killer with Residual Action |
| 506-164 | TAT Roach Ant Killer II | |
| The Scotts Company | 538-69 | Scotts Western Lawn Insect Control |
| 538-94 | Scotts Western Lawn Insect Control Plus Fertilizer | |
| 538-140 | Summer Insect and Disease Control Plus Lawn Fertilizer | |
| 538-153 | Scotts Proturf Insect Control Plus Fertilizer | |
| 538-154 | Scotts Summer Insect Control Plus Fertilizer For Lawns | |
| Rockland Corporation | 572-213 | Rockland Insecticide for Wood Destroying Pests |
| 572-219 | Rockland Super Professional Dursban Chinch Bug Killer | |
| Indy Specialty Products, Inc | 654-131 | Klor-Ban Concentrate |
| Prentiss Incorporated | 655-577 | Prentox Residual Insect Spray 2 |
| 655-739 | Prentox Pyrifos 0.5 Water Base Insecticide | |
| 655-743 | Prentox Pyrifos 1E | |
| The Garden Grow Company | 802-530 | Lilly/Miller Chlorban Insect Spray |
| 802-532 | Lilly/Miller Chlorban Insect Granules | |
| 802-560 | Lilly/Miller 1%% Chlorban Insect Granules | |
| 802-595 | Lilly/Miller Hose'n Go Ant, Flea Tick Killer | |
| Southern Agricultural Insecticides, Inc. | 829-250 | Home Garden Home Pest Control Spray |
| 829-281 | SA-50 Brand Home Pest Control Concentrate | |
| Green Light Company | 869-158 | Green Light Dursban Granules |
| 869-168 | Green Light Many Purpose Dursban Granules | |
| 869-172 | Green Light Borer Killer II | |
| 869-184 | Green Light Fire Ant Killer | |
| 869-185 | Green Light House Plant Spray II | |
| 869-191 | Green Light Indoor Flea Tick Spray | |
| 869-205 | Green Light Ready-to-Use Fire Ant Mound Drench | |
| 869-209 | Green Light Dursban 5%% Granules | |
| 869-210 | Green Light Double Dursban Granules | |
| 869-221 | Green Light Many Purpose Dursban Concentrate II | |
| The Garden Grow Company | 909-94 | Cooke Act Plus Lawn Insecticide |
| 909-108 | Cooke Ant Barrier | |
| Agriliance | 1381-149 | Green Velvet Lawn Food Plus Insect Control |
| Universal Cooperatives, Inc. | 1386-627 | Red Panther Dursban Granular Turf and Lawn Insecticide |
| 1386-628 | Red Panther Dursban 1 | |
| 1386-659 | Agway Insect Spray | |
| I. Schneid | 2155-127 | KR-24 |
| PBI/Gordon Corporation | 2217-646 | Gordon's Dursban Turf Insecticide |
| Sergeant's | 2517-52 | Sergeant's Flea Tick Collar |
| 2517-57 | Sergeant's Fast-Acting Flea Tick Collar for Dogs | |
| Hartz | 2596-135 | Hartz 330 Day Flea Tick Collar for Dogs |
| Wellmark International | 2724-327 | Zoecon RF-150 Yard and Kennel Spray |
| 2724-486 | Arthitrol 0.5%% Dursban (Granular) Ant and Roach Bait | |
| Coyne Chemical Company | 3050-136 | Coyne Formula No. 101 |
| ABC Compounding | 3862-93 | Assault |
| 3862-126 | WB Residual Pressurized Spray | |
| BETCO | 4170-78 | RA26 Residual Insecticide Spray |
| Combe Incorporated | 4306-15 | Sulfodene Scratchex Flea and Tick Collar for Dogs |
| Pet Chemicals | 4758-135 | Holiday Flea Tick Killer |
| S.C. Johnson Son, Inc. | 4822-152 | Raid Treatment for Crawling Insects |
| 4822-189 | Raid Liquid Roach Ant Killer Formula I | |
| 4822-226 | Raid Tree Guard Spray | |
| 4822-230 | Raid Outdoor Flea Killer | |
| 4822-231 | Raid Gypsy Moth Japanese Beetle Killer II | |
| 4822-232 | Raid Gypsy Moth Japanese Beetle Killer | |
| 4822-236 | Raid Tree Guard Spray Formula II | |
| 4822-238 | Raid Home Insect Killer Formula II | |
| 4822-263 | Raid Fire Ant Killer | |
| 4822-264 | Raid Fire Ant Killer Formula 2 | |
| 4822-275 | Raid Outdoor Insect Killer | |
| 4822-382 | Raid Wasp Hornet Killer | |
| 4822-390 | Raid Wasp Hornet Killer Formula XII | |
| 4822-402 | Raid Max Roach Bait III | |
| 4822-412 | Raid Wasp Hornet Killer ND | |
| 4822-451 | Raid Wasp Hornet Killer AD | |
| 4822-498 | PA Formula 2 | |
| Verdant Brands, Inc. | 5887-144 | Black Leaf Dursban |
| 5887-177 | Ready-to-Use Ant, Roach, Flea and Spider Spray | |
| Midco Products Company, Inc. | 6658-42 | Pyreban-3 |
| Carl Pool Products | 6926-11 | Carl Pool Lawn and Turf Food Plus Dursban 15-5-10 |
| Cessco, Inc. | 6959-73 | Cessco ID Residual Insecticide |
| Carter-Wallace, Inc. | 8220-38 | Victory 12 Full Year Collar with Dursban Insecticide for Large Dogs |
| 8220-39 | Victory II Full Season Cat Collar | |
| Robinson Associates | 8278-6 | Metro (Tested) Soildrin D |
| Pursell Industries, Inc. | 8660-10 | Sta-Green Law Pest Control Fertilizer 25-3-3 |
| 8660-13 | Sta-Green Lawn Pest ControlFertilizer A | |
| 8660-14 | Sta-Green Lawn Pest Control Fertilizer B | |
| 8660-78 | Dursban Lawn Insect Control | |
| 8660-88 | Dursban Granules | |
| 8660-94 | Green Up Insect Grub Control with Dursban | |
| 8660-97 | Dursban 4E Insecticide | |
| 8660-102 | Dursban Plus | |
| 8660-108 | VertaGreen Dursban - DDVP 1.25 Turf Insecticide | |
| 8660-109 | VertaGreen Dursban - DDVP 2.50 Turf Insecticide | |
| 8660-110 | VertaGreen Home Pest Killer | |
| 8660-122 | Lawn Ornamental Insect Spray Concentrate | |
| 8660-123 | VertaGreen Dursban 0.5%% Granules | |
| 8660-152 | VertaGreen Professional Turf Food with Dursban | |
| 8660-177 | Golden Vigoro Insect Control Plus Lawn Fertilizer | |
| 8660-182 | Green Turf Lawn Food with Insect Control | |
| 8660-193 | Ideal 18 Insect Control Plus Lawn Fertilizer | |
| 8660-194 | Ideal 20 Insect Control Plus Lawn Fertilizer | |
| 8660-195 | Ideal 25 Insect Control Plus Lawn Fertilizer | |
| 8660-203 | Koos Dursban 1.00 Granules | |
| 8660-213 | Par Ex Slow Release Fertilizer Plus Insect Control | |
| 8660-232 | Vigoro 2.32 Insecticide Granules | |
| 8660-239 | Vigoro Granular Cinch Bug Control | |
| 8660-240 | Vigoro Insect Control Plus Lawn Fertilizer for Texas Turf | |
| Sherwin-Williams Company | 10900-67 | 858 P.D. Aqueous Roach Ant Spray |
| Illinois Tool Works, Inc. | 11694-91 | Duramist |
| Speer Products Incorporated | 11715-70 | Speer Roach Ant Killer |
| 11715-97 | Magic Guard Dursban Ant Roach Pressurized Spray | |
| 11715-99 | Magic Guard Ant Roach Killer | |
| 11715-110 | Mug-A-Bug Professional Strength Insecticide | |
| 11715-132 | Better World Ready-to-Use Insecticide | |
| 11715-133 | Mug-A-Bug II Professional Strength Insecticide | |
| 11715-139 | SPI Spot Treatment Spray | |
| 11715-142 | SPI Ant Roach Spray | |
| 11715-163 | Speer Transparent Emulsion Spray 0.1%% + 0.5%% | |
| 11715-298 | Pro-Tect Home Pest Control | |
| 11715-299 | Speer Point Five Chlorpyrifos Aerosol | |
| 11715-306 | Speer Cyfluthrin Flea Killer | |
| 11715-312 | Speer D-Trans Residual Spray with Nylar | |
| 11715-324 | SPI Chlorpyrifos Wasp Hornet Spray | |
| 11715-326 | SPI Chlorpyrifos Pet Area Treatment with Nylar | |
| 11715-327 | Security Granulated Chinch Bug Killer | |
| Louisiana Chemical USA, Inc. | 11746-15 | Davis Kill-A-Bug XI |
| 11746-16 | Davis Kill-A-Bug XII | |
| Rainbow Technology Corporation | 13283-8 | Rainbow Insect Control |
| 13283-15 | Rainbow Liquid RTU Fire Ant Killer | |
| Positive Formulators, Inc. | 26693-3 | 6 Months Pest Control |
| 26693-5 | Killmaster II CC | |
| Unicorn Laboratories | 28293-35 | Unicorn 30 Flea Spray |
| 28293-49 | Unicorn Yard Kennel Spray Concentrate | |
| 28293-103 | Unicorn House Carpet Spray WB | |
| 28293-104 | Unicorn Dursban Household Insecticide | |
| 28293-211 | Termi-Chlor Termite Concentrate | |
| 28293-321 | Dursban 1EC Insecticide | |
| PBI/Gordon Corporation | 33955-540 | Acme Ant Granules Contains Dursban Insecticide |
| 33955-547 | Acme Dursban Insecticide for Lawns Ornamentals | |
| 33955-550 | Acme Roach-Rid Brand Home Pest Killer | |
| Pet Chemicals | 37425-10 | Adams Surface Spray |
| 37425-24 | Adams Lawn and Kennel Spray Concentrate | |
| Morgro, Inc. | 42057-100 | Dursban (R) Insecticide |
| CCL Industries Inc. | 46813-38 | CCL Crawling Insect Killer I |
| 46813-42 | CCL Insecticide Foam Spray I | |
| Marman USA, Inc. | 48273-16 | Agroban 4E |
| Gro Tec, Inc. | 59144-8 | Ant, Flea Tick Granules |
| 59144-9 | Green Charm Dursban 1%% Granules | |
| 59144-37 | R M Yard Kennel Spray Concentrate | |
| Kop-Coat, Inc. | 60061-106 | Woodlife B Clear Wood Preservative |
| Contract Packaging, Inc. | 67572-53 | CP Flea and Brown Dog Tick Granules - S.F. |
| Speer Products Incorporated | 68688-3 | Elite Yard Kennel Spray |
| 68688-40 | Elite Dursban 1-12-R144 Insecticide |
In the Federal Register notice of November 17, 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 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.
C. Requests for Voluntary Amendments to Delete Uses from the Registrations of End-Use Products
Pursuant to section 6(f)(1)(A) of FIFRA, several registrants have also submitted requests to amend their 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 2.
| Company | Reg. No. | Product |
|---|---|---|
| Whitmire Micro-Gen Research Laboratories, Inc | 499-367 | Whitmire PT 275 Dur-O-Cap Microencapsulated Chlorpyrifos Liquid Concentration |
| 499-405 | Whitmire PT-1920 Total Release Insecticide | |
| 499-413 | Whitmire TC 100 Intern | |
| 499-419 | Whitmire PT 275 Dur-O-Cap Microencapsulated Chlorpyrifos | |
| The Scotts Company | 538-98 | Proturf 30-5-3 Fertilizer Plus Insecticide III |
| 538-111 | Proturf Insecticide III | |
| 538-191 | 24-3-3 Fertilizer Plus Insecticide III | |
| 538-226 | Fertilizer Plus Insecticide/Preemergent Weed Control | |
| Rockland Corporation | 572-329 | Urban Insect Spray |
| Prentiss Incorporated | 655-441 | Prentox Residual Concentrate DV-One |
| 655-466 | Prentox Dursban 2E Insecticide | |
| 655-499 | Prentox Dursban 4E Insecticide | |
| 655-696 | Prentox Pyrifos 0.50 RTU | |
| 655-764 | Prentox Dursban 2.32G Granular Insecticide | |
| 655-766 | Prentox Dursban 1/2G Granular Insecticide | |
| 655-786 | Prentox Pyrifos Residual Spray | |
| 655-792 | Prentox D + 2 Insecticide | |
| 655-793 | Prentox Super Brand D + 2 Insecticide | |
| Southern Agricultural Insecticides, Inc. | 829-223 | SA-50 Dursban .5G Granular Insecticide |
| 829-279 | SA-50 Dursban 2-E Insecticide | |
| 829-280 | SA-50 Dursban 4-E Insecticide | |
| 829-291 | SA-50 Brand Dursban 1% MoleCricket Bait | |
| 829-292 | SA-50 Brand Dursban 2.5%Granular Insecticide | |
| ISK Biocides, Inc. | 1022-543 | Chapcide 4-EC |
| Universal Cooperatives, Inc. | 1386-652 | Security Pro-Turf 1 Insect ControlGranules |
| 1386-653 | Security Pro-Turf 2 Insect ControlGranules | |
| 1386-613 | Dursban Lawn and OrnamentalInsect Control | |
| 1386-615 | Termite Kill II | |
| 1386-649 | Dursban 4E Insecticide | |
| Wellmark International | 2724-487 | Arthitrol 0.5%% Dursban Paste Bait |
| Cessco, Inc. | 6959-67 | Cessco Accudose Aerosol for Fire Ant Control |
| Knox Fertilizer Company, Inc. | 8378-26 | Dursban 92 with Plant Food |
| 8378-27 | Dursban 114 + Fertilizer | |
| 8378-28 | Dursban 50 Granular Insecticide | |
| 8378-33 | Dursban 1.14 Granules | |
| 8378-34 | 2.32 Dursban Granules | |
| The Andersons, Inc. | 9198-32 | Turf Care for Lawn Maintenance 38-0-0 with Dursban Brand Insecticide |
| 9198-39 | Turf Care Dursban 2.5G | |
| 9198-68 | The Andersons 1%% Dursban Brand Insecticide | |
| 9198-82 | Tee Time Fertilizer with 0.52%% Dursban 30-3-5 | |
| 9198-84 | Andersons Tee Time 30-3-5 with 0.65%% Dursban | |
| 9198-85 | Tee Time Fertilizer with 0.71%% Dursban 30-3-5 | |
| 9198-98 | Andersons Tee Time withTeam/Dursban I | |
| 9198-99 | Andersons Tee Time 19-5-9 withTeam/Dursban | |
| 9198-127 | Twinlight Professional Dursban Lawn Insect Killer | |
| 9198-132 | The Andersons 0.97%% Dursban Brand Insecticide | |
| 9198-137 | The Andersons 0.5%% Dursban Brand Insecticide | |
| Gowan Company | 10163-158 | Gowan Chlorpyrifos 4E |
| Lesco, Inc. | 10404-15 | Lesco 2.32 Granular Insecticide |
| 10404-27 | Lesco 40-0-0 Fertilizer with Dursban | |
| 10404-29 | Lesco 32-5-7 Fertilizer with Dursban | |
| 10404-40 | Lesco 20-0-10 Fertilizer with Dursban | |
| 10404-67 | Lesco 1%% Dursban Granular | |
| 10404-81 | Lesco 0.97 Dursban Granules | |
| Sungro Chemicals, Inc. | 11474-40 | Sungro Reside Du |
| 11474-55 | Sungro Combo Water Base | |
| 11474-66 | Sungro Dursbo | |
| 11474-90 | Sungro Buggone II Residual Insecticide | |
| Rainbow Technology Corporation | 13283-14 | Rainbow Fire Ant Killer |
| 13283-17 | Rainbow KO Fire Ant Killer | |
| Drexel Chemical Company | 19713-504 | Regatta 4E |
| Positive Formulators, Inc. | 26693-2 | Killmaster II |
| Unicorn Laboratories | 28293-87 | Unicorn House and Carpet Spray |
| 28293-99 | Unicorn Dursban Spray | |
| 28293-121 | Unicorn Dursban - Resmethrin Spray | |
| 28293-142 | Unicorn Kennel Spray | |
| 28293-149 | Unicorn House and Carpet Spray II | |
| 28293-200 | Unicorn Dursban 2E | |
| 28293-201 | Unicorn Dursban 2.5%% Granules | |
| 28293-202 | Unicorn Dursban 1.0%% Granules | |
| 28293-203 | Unicorn Dursban 1%%-D Dust | |
| 28293-204 | Unicorn Dursban 4E | |
| 28293-205 | Unicorn Dursban 1-12 | |
| 28293-210 | Dursban 1E Insecticide | |
| 28293-265 | Unicorn Dursban 6.7%% Insecticide | |
| 28293-266 | Dursban Plus Resmethrin Concentrate | |
| Howard Johnson's Enterprises, Inc. | 32802-19 | Dursban Insecticide 0.7 Plus Fertilizer |
| 32802-20 | Dursban 1.14 Granular Lawn and Turf Insect Control | |
| 32802-21 | Dursban 1.14 Plus Lawn Fertilizer | |
| 32802-22 | Dursban 2.32G | |
| 32802-39 | Dursban .5 Granules Insecticide | |
| 32802-49 | Dursban 100 Granules | |
| Phaeton Corporation | 47006-5 | Orlik Dursban Granules |
| Marman USA, Inc. | 48273-13 | Pestban 2E |
| 48273-14 | Pestban TC | |
| 48273-19 | Pestban 4E | |
| Biodyne Americas Corporation | 59920-1 | Super IQ Insecticide Coating APT |
| 59920-2 | Super IQ Insecticide Coating LC |
In the Federal Register notice of November 17, 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 comment period provided under FIFRA section 6(f)(1)(C).
III. Cancellation Order
Pursuant to section 6(f) of FIFRA, EPA is approving the requested usedeletions and the requested registration cancellations. Accordingly, theAgency orders that the registrations identified in Table 2 are hereby amendedto delete the following uses: All post-construction termite control uses,except spot and local treatment ( use of such products for spot and localtreatment will be prohibited after December 31, 2002 by product labeling); allother termite control uses, effective December 31, 2004 (unless EPA has made adecision prior to that date that preconstruction use may continue); allresidential uses (except for ant and roach baits in child resistant packaging(CRP) and fire ant mound drenches for public health purposes by licensedapplicators and mosquito control for public health purposes by public healthagencies); all indoor non-residential, non-agricultural uses (except shipholds, industrial plants, manufacturing plants, food processing plants,containerized baits in CRP, and processed wood products treated during themanufacturing process at the manufacturing site or at the mill); all outdoornon-residential, non-agricultural sites (except golf courses, road medians,industrial plant sites, fence posts, utility poles, railroad ties, landscapetimbers, logs, pallets, wooden containers, poles, posts, processed woodproducts, manhole covers, and underground utility cable and conduits; and fireant mound drenches for public health purposes by licensed applicators andmosquito control for public health purposes by public health agencies); anduse on post-bloom apple trees (except for tree trunk use). The Agency alsoorders that the registrations identified in Table 1 are hereby canceled. Anydistribution, sale, or use of existing stocks of the products identified inTables 1-2 in a manner inconsistent with the terms of this Order or theExisting Stock Provisions in Unit IV. of this notice will be considered aviolation 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, pursuantto EPA's existing stocks policy (56 FR 29362, June 26, 1991), as those stocksof a registered pesticide product which are currently in the United States andwhich have been packaged, labeled, and released for shipment prior to theeffective date of the amendment or cancellation.
1. Distribution, sale and use of products bearing instructionsfor use on apples trees post-bloom . The distribution or sale of existingstocks by any person of any product listed in Table 1 or 2 that bearsinstructions for post-bloom application to apple trees (other than tree trunkuse) will not be lawful under FIFRA after [ insert date ofpublication in the Federal Register ], except for thepurposes of returns for relabeling consistent with the June 7, 2000 Memorandumof Agreement, shipping such stocks for export consistent with the requirementsof section 17 of FIFRA, or proper disposal. Any use of such products forpost-bloom application to apple trees (other than tree trunk use) will not belawful after [ insert date of publication in the Federal Register ]. All other use of such products may continueuntil stocks are exhausted, provided such use is in accordance with theexisting labeling of that product.
2. Distribution or sale by registrants of products bearing otheruses -(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 therequirements of section 17 of FIFRA, or proper disposal:
(a) The distribution or sale by registrants of existing stocks of any ECformulation product listed in Table 1 or 2 will not be lawful under FIFRAafter February 1, 2001 unless the product is labeled as restricted use;
(b) The distribution or sale by registrants of existing stocks of anyproduct listed in Table 1 or 2 labeled for any agricultural use and that isnot an EC, will not be lawful under FIFRA after February 1, 2001, unless theproduct is either labeled for restricted use or packaged in containers nosmaller than 15 gallons of a liquid formulation, 50 pounds of a granularformulation, or 25 pounds of any other dry formulation;
(c) The distribution or sale by registrants of existing stocks of anyproduct listed in Table 1 or 2 labeled solely for non-agricultural uses(other than containerized baits in CRP) and that is not an EC, will not belawful under FIFRA after of February 1, 2001, unless the product is eitherlabeled for restricted use or packaged in containers no smaller than 15gallons 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 1 or 2 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 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 1 or 2 bearing instructions for the prohibited uses set forth in Unit IV.2.(ii)(a)-(f) of this notice 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 1 or 2 bearing instructions for pre-construction termiticide use will not be lawful under FIFRA after December 31, 2005, unless, prior to that date, EPA has issued a written determination that such use may continue consistent with the requirements of FIFRA.
5. Use of existing stocks . Except for products bearing those uses identified in Units IV.1. and IV.4. of this notice, EPA intends to permit the use of existing stocks of products listed in Table 1 or 2 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: January 9, 2001.
Jack E. Housenger,
Acting Director, Special Review and Reregistration Division, Office ofPesticide Programs.
[FR Doc. 01-2184 Filed 1-24-01; 8:45 am]
BILLING CODE 6560-50-S