Notice of Determination
pursuant to 40 CFR 162.11(a)(5)
concluding the Endrin RPAR
I. Introduction
On July 27, 1976, the Environmental Protection-
Agency issued a notice of rebuttable presumption
against registration and continued registration
("RPAR") of pesticide products containing endrin (41
FR 21316), thereby initiating the Agency's public
review of the risks and benefits of the registered
uses of endrin, and the uses for which applications
for registration are pending. This notice constitutes
the Agency's Notice of Determination ("Notice") pur-
suant to 40 CFR 162.11(a)(5), terminating the endrin
RPAR.
In broad summary, the Agency has determined that
three risk presumptions announced in the endrin RPAR
have not been rebutted. The risks of significant popu-
lation reductions of nontarget organisms, acute
toxicity to wildlife, and teratogenicity posed by
endrin are of sufficient concern to require the Agency
to consider whether offsetting economic, social or
environmental benefits exist.
The Agency has considered benefits information,
including that submitted by registrants, interested

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persons and the United States Department of Agri-
culture, and has analyzed the economic, social and
environmental benefits of the uses of endrin subject to
this RPAR. The Agency has weighed risks and benefits
together, in order,to determine whether the risks of
each use of endrin are warranted by the benefits of
the use. In weighing risks and benefits, the Agency
considered what risk reductions could be achieved, and
how risk reduction measures would affect the benefits
of the use.
With respect to the principal uses of endrin, the
Agency has determined: (1) that the risks of the use of
endrin on cotton in all states east of the Mississippi
River and in Arkansas, Louisiana, and some portions of
Oklahoma and Texas are greater than the social, economic
and environmental benefits of this use, and the risks
of the use of endrin on cotton in other areas are
greater than the social, economic and environmental
benefits, unless risk reductions are accomplished by
modifications in the terms or conditions of regis-
tration, as described below; (2) that the risks of
the uses of endrin on small grains to control the
army cutworm, pale western cutworm, and grasshoppers
are greater than the social, economic and environmental
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benefits, unless risk reductions are accomplished by
by modifications in the terms or conditions of regis-
tration, as described below; and (3) that the risks
of the use of endrin on orchards to control the pine
vole and the western meadow vole are greater than the
social, economic and environmental benefits, unless
risk reductions are accomplished by modifications in
the terras or conditions of registration, as described
below. Accordingly, the Agency is initiating action
to cancel or deny registrations for the use of endrin
on cotton in all states east of the Mississippi River
and in Arkansas, Louisiana, arid portions of Oklahoma
and Texas, as described below, and will initiate action
to cancel or deny registrations for the use of endrin
on small grains to control pests other than the army
cutworm, the pale western cutworm, and grasshoppers
and on orchards to control the eastern meadow vole.
Further, the Agency is initiating action to cancel
or deny registrations for the uses of endrin on cotton
in areas other than those delineated for cancellation,
on small grains to control the army cutworm, pale
western cutworm, and grasshoppers and on orchards
to control the pine vole and western meadow vole unless
the changes in the terms and conditions of registration
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are accomplished. The Agency has further determined
that these modifications in the terms or conditions
of registration accomplish significant risk reductions,
and that these risk reductions can be achieved without
significant impacts on the benefits of the uses.
The Agency's conclusions with respect to the uses
of endrin which account for a small proportion of the
~
total endrin used are summarized in Section III of
this document.
The remainder of this Notice and the accompanying
Position Document set forth in detail the Agency's
analysis of comments submitted during the rebuttal
phase of the endrin RPAR, and the Agency's reasons and
factual bases for the regulatory actions it is initi-
ating. The Notice is organized into four sections.
Section I is this introduction. Section II sets forth
a general discussion of the regulatory framework within
which this action is taken. Section III sets forth the
Agency's determinations concluding the endrin RPAR and
initating the regulatory actions which flow from these
determinations; Section III and the accompanying
Position Document set forth the bases for these deter-
minations. Section IV provides a brief discussion of
the procedures which will be followed in implementing
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the regulatory actions which the Agency is initiating
in this Notice.
II. Legal Background
In order to obtain a registration for a pesticide
under the Federal Insecticide, Fungicide and Rodenti-
cide Act, as amended ("FIFRA"), a manufacturer must
demonstrate that the pesticide satisfies the statutory
standard for registration. That standard requires
(among other things) that the pesticide perform its
intended function without causing "unreasonable adverse
effects" on the environment (Section 3(c)(5)). "Unrea-
sonable adverse effects on the environment" is defined
to mean "any unreasonable risk to man or the environ-
ment, taking into account the economic, social and
environmental costs and benefits of the use of any
pesticide" (FIFRA, Section 2(bb)). In effect, this
standard requires a finding that the benefits of each
use of the pesticide exceed the risks of use, when the
pesticide is used in accordance with the terms and
conditions of registration, or in accordance with
commonly recognized practice. The burden of proving
that a pesticide satisfies the reregistration standard
continues as long as the registration remains in
effect. Under Section 6 of FIFRA, the Administrator
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is required to cancel the registration of a pesticide
or modify the terms and conditions of registration
wnenever he or she determines that the pesticide no
longer satisfies the statutory standard for
1/
registration.
The Agency created the RPAR process to facilitate
the identification of pesticide uses which may not
satisfy the statutory standard for registration and to
provide a structure for the gathering and evaluation
of information about the risks and benefits of these
uses. The structure permits public participation at
major points in the evaluation process.
The RPAR process is set forth at 40 CFR 162.11.
This section provides that a rebuttable presumption
shall arise if a pesticide meets or exceeds any of the
risk criteria set out in the regulations. After an
RPAR is issued, registrants and other interested
persons are invited to review the data upon which the
presumption is based and to submit data and information
to rebut the presumption. Respondents may rebut the
T/ Another part of the statutory standard for regis-
tration is that the pesticide must satisfy the labeling
requirements of FIFRA. These requirements are set out
in the statutory definition of "raisbranded" [FIFRA
Section 2(q)]. Among other things, this section
provides that a pesticide is raisbranded if
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presumption of risk by showing that the Agency's
initial determination of risk was in error, or by
showing that use of the pesticide is not likely to
result in any significant exposure to man or the
animal or plant of concern with regard to the adverse
2/
effect in question. Further, in addition to sub-
mitting evidence to rebut the risk presumption,
respondents may submit evidence as to whether the
T7 Continued From Previous Page
-the labeling . . . does not contain directions
for use which are necessary for effecting the pur-
pose for which the product is intended and if com-
plied with, together with any . . . [restrictions]
imposed under section 3(d) . . . are adequate to
protect health and the environment."
The Agency can require changes to the directions for use
of a pesticide in most circumstances either by finding that
the pesticide is misbranded if the labeling is not changed,
or by finding that the pesticide would cause unreasonable
adverse effects on the environment, unless labeling changes
are made which accomplish risk reductions.
2/ 40 CFR 162.11(a)(4) provides that registrants and
applicants may rebut a presumtion against registration
by sustaining the burden of proving: "(1) in the case
of a pesticide which meets or exceeds the criteria for
risk set forth in paragraphs (a)(3)(i) or (iii) that
when considered with the formulation, packaging, method
of use, and proposed restrictions on and directions for
use and widespread and commonly recognized practices of
use, the anticipated exposure to an applicator or user
and to local, regional or national populations of non-
target organisms is not likely to result in any signi-
ficant acute adverse effects; or (ii) in the case of a
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economic, social and environmental benefits of the use
of the pesticide subject to the presumption outweigh
the risks of use. The regulations require the Agency
to conclude an RPAR by issuing a Notice of Determina-
tion. In that Notice, the Agency is required to state
and explain its position on the question whether the
risk presumption has been rebutted. If the Agency
determines that the presumption is not rebutted, it
will then consider information relating to the social,
economic and environmental costs and benefits which
registrants and other interested persons submitted to
the Agency, and any other benefits information known to
the Agency. If the Agency determines that the risks
2/ Continued From Previous Page
pesticide which meets or exceeds the criteria for risk
set forth in paragraph (a)(3)(H) that when considered
with proposed restrictions on use and widespread and
commonly recognized practices of use, the pesticide
will not concentrate, persist, or accrue to levels in
man or the environment likely to result in any
significant chronic adverse effects; or (iii) that the
determination by the Agency that the pesticide meets or
exceeds any of the criteria for risk was in error. A
primary purpose of the RPAR process is to screen for
appropriate action those pesticide uses which pose
riks which are of sufficient concern to require the
Agency to consider whether offsetting benefits justify
the risks. Accordingly, the Agency's approach to
rebuttal determinations concentrates on whether the
risk concerns which are central to each RPAR proceeding
have in fact been answered.
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of a pesticide use appear to outweigh its benefits, the
RPAR process will conclude with a notice of intent to
cancel or deny registration, pursuant to FIFRA Section
6(b)(1) or Section 3(c)(6). If the Agency determines
that benefits appear to outweigh the risks, the Agency
may issue a notice of intent to hold a hearing as
authorized by Section 6(b)(2) to determine whether the
registration should be cancelled or applications for
registration denied. The regulations further provide
that the Agency may withdraw a notice of intent to
hold a hearing on whether registration should be
cancelled or denied if there is insufficient public
interest.
In determining whether the use of a pesticide
poses risks which are greater than benefits, the Agency
considers modifications to the terms and conditions of
registration which can reduce risks and the impacts of
such modifications in the terms or conditions of regis-
tration on the benefits of the use. Among the risk
reduction measures short of cancellation which are
available to the Agency are requiring changes in the
directions for use on the pesticide's labeling.
The statute requires the Agency to submi,t notices
issued pursuant to Section 6 to the Secretary of
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Agriculture for comment and to provide the Secretary
of Agriculture with an analysis of the impact of the
proposed action on the agricultural economy [Section 6
(b)]. The Agency is required to submit these documents
to the Secretary of Agriculture at least 60 days before
making the notice effective by sending it to regis-
trants or making it public. If the Secretary of
Agriculture comments, in writing, within 30 days after
receiving the notice, the Agency is required to publish
the comments and the Administrator's responses to them
along with publication of the notice. FIFRA also
requires the Administrator to submit Section 6 notices,
at the same time and under the same procedures as those
described above for review by the Secretary of Agri-
culture, to a Scientific Advisory Panel for comment on
the impact of the proposed action on health and the
environment [Section 25(d)].
Although not required to do so under the statute,
the Agency has decided that it is consistent with the
general theme of the RPAR process and the Agency's
overall policy of open decision making to afford regis-
trants and other interested persons an opportunity to
comment on the bases for the proposed action during the
time that the proposed action is under review by the
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Secretary of Agriculture and the Scientific Advisory
Panel. Accordingly, appropriate steps will be taken to
make copies of the Position Document available to
registrants and other interested persons at the time
the decision documents are transmitted for formal
external review, through publication of a notice of
availability in the Federal Register, and by other
means. Registrants and other interested persons will be
allowed the same period of time to comment—30 days—
that the statute provides for receipt of comments from
the Secretary of Agriculture and the Scientific Advisory
Panel.
After complying with these external review
requirements and accomplishing any changes in the
contemplated action which are deemed appropriate as a
result of any comments received, the Agency will pro-
ceed to implement the desired regulatory action by
sending and making public a notice of intent to cancel
under FIFRA Section 6(b)(1) or a notice of intent to
hold a hearing under FIFRA Section 6(b)(2), as appro-
priate. Registrants and other interested persons have
30 days to request a hearing, in the case of notices of
intent to cancel under FIFRA Section 6(b)(1). In the
event a hearing is not requested and any changes in the
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terms or conditions of registration directed in the
cancellation notice are not accepted, the cancellation
action announced in the notice of intent will take
effect* automatically at the end of the 30-day notice
period. If a hearing is requested, it will be governed
by the Agency's Rules of Practice for hearings under
FIFRA Section 6 [40 CFR Part 164]; the cancellation
action will not become effective except pursuant to
an order of the Administrator at the conclusion of
the hearing. Rules governing participation in, and
the conduct of, hearings under FIFRA section 6(b)(2)
are also set forth in 40 CFR Part 164. The Agency may
withdraw such a notice prior to the commencement of a
hearing, upon appropriate findings.
III. Determinations and Initiation of
Regulatory Action
The Agency has considered information on the risks
associated with the uses of endrin, including informa-
tion submitted by registrants and other interested
persons in rebuttal to the endrin RPAR. The Agency has
also considered information on the social, economic
and environmental benefits of the uses of endrin
subject to the RPAR, including benefits information
submitted by registrants and other interested persons
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in conjunction with their rebuttal submissions, and
information submitted by the United States Department
of Agriculture. The Agency's assessment of the risks
and benefits of the uses of endrin subject to this
RPAR, its conclusions and determinations whether any
use of endrin poses unreasonable adverse effects on
the environment, and its determinations whether
modifications in terms or conditions of registration
reduce risks sufficiently to eliminate any unreason-
able adverse effects, are set forth in detail in the
Position Document accompanying this Notice. This
Position Document is hereby adopted by the Agency as
its statement of reasons for the determinations and
actions announced in this Notice, and as its analysis
of the impacts of the proposed regulatory actions on
the agricultural economy. For the reasons summarized
below and developed in detail in the Position Document,
the principal determinations of the Agency with respect
to endrin are as follows:
A. Determinations on Risks
The endrin RPAR was based on information indica-
ting that endrin posed the following risks to humans
and the environment: (1) oncogenicity; (2) fetotoxic
and teratogenic effects; (3) fatalities to endangered

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species; (4) significant population redactions in non-
target organisms; (5) acute toxicity to wildlife; and
(6) acute hazards to humans and domestic animals through
dermal exposure. As the Position Document explains, the
Agency has determined that information submitted to
rebut these risk criteria was insufficient to remove
the Agency's concerns that endrin causes significant
population reductions in non-target organisms, poses a
risk of acute toxicity to wildlife and poses a risk of
teratogenicity to humans; the Agency has concluded that
these risks are associated, to differing degrees, with
all uses of endrin and are of sufficient magnitude to
require the Agency to determine whether the uses of
endrin offer offsetting social, economic or environ-
mental benefits.
The risk of significant population reductions in
non-target organisms is greatest when endrin is used on
cotton crops; as a result of this use, heavy rainfall
creates run-off from endrin-treated acreage, and the
run-off causes fish kills, the risk of teratogenicity
is greatest to women who consume large amounts of con-
taminated fish and who live near cotton-growing areas
and female pesticide.applicators working in apple
orchards. The Agency has determined, however, that the
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weight of the evidence on oncogenicity indicates that
endrin does not pose an oncogenic risk to humans.
Moreover, the Agency has determined that the risk
presumptions for acute dermal toxicity and fatalities
3/
to endangered species have been rebutted.
B. Determinations on Benefits
The uses of endrin which are subject to this RPAR
fall into four categories: cotton uses; small grains
4/
uses; orchard uses; and other uses.
1. Cotton Uses
Endrin is used on cotton crops, principally for
control of the cotton bollworm and the tobacco budworm.
For this use, endrin is used almost exclusively in com-
bination with methyl parathion, endrin serving as an
adjuvant to methyl parathion. Endrin is a minor cotton
insecticide, and its use has declined in recent years
as as resistance to it has become widespread in some
areas.
3/ In connection with its evaluation of the risk pre-
sumption relating to endangered species, pursuant to §7
of the Endangered Species Act of 1973, 16 CJ.S.C. 1531
the Agency consulted with the United States Fish and
Wildlife Service.
_4/ The category of "other uses" comprises sugarcane;
seed treatments for conifers, watermelons and vegeta-
bles; alfalfa and clover seed crops; ornamentals; tree
paint; perch treatments for controlling birds.
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Numerous alternative pesticides are registered
with EPA for control of the cotton bollworm and tobacco
budworm, and several of .the alternatives, are at least
as efficacious as, and less hazardous than the
endrin-methyl parathion formulation.
The Agency has determined that the use of endrin
on cotton provides small benefits to users and no
benefits to any other group. Cancellation of this use
would cause current endrin users to use alternative
pesticides whose cost per acre treatment would not be
significantly greater than endrin's and whose use over
a growing season might increase growers' production
costs by an aggregate of approxi mately $718,000.
2. Small Grains Uses
Endrin's use to control the army cutworm and
the pale western cutworm on wheat provides substantial
benefits to growers. No federally-registered alterna-
tive pesticides are available for control of the pale
western cutworm, and the Agency has concluded that,
if uncontrolled, the pale western cutworm would damage
crops sufficiently to reduce wheat yields by 4.7
million bushels annually. Although this would have a
minor impact on total United States wheat production,
it would reduce the gross revenues of endrin users by
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approximately $14.9 million annually. Alternative
pesticides are available to control the army cutworm,
but they are more expensive than endrin. Endrin users'
production costs would increase by an aggregate of
approximately $1.2 million annually if alternatives
were used.
3. Orchard Uses
Endrin is applied as a postharvest ground spray
to control voles (mice) in many apple-producing areas.
Alternative pesticides are available, but they do not
provide the same level of control as endrin for certain
pests. The replacement of endrin with zinc phosphide,
the only federally-registered pesticide whose efficacy
is comparable to endrin's, would result in a 6.7%
annual loss in apple production on the acreage cur-
rently treated with endrin. This loss of production
would reduce annual revenues of producers now using
endrin by approximately $ 5.3 million. The replacement
of endrin with chlorophacinone and diphacinone, pest-
icides registered for use in certain apple-producing
states, would result in a 3.3% annual loss in apple
production on the acreage currently treated with
endrin. This loss of production would reduce revenues
of producers now using endrin by approximately $ 2.4
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million. The Agency has determined that production
losses of this magnitude would cause the price of
apples to increase.
4. Other Uses
The Agency has determined that virtually no
benefits are associated with the uses of endrin on
sugarcane and ornamentals. The Agency has determined
that some benefits are associated with the following
uses of endrin: seed treatments for conifers, water-
melons and vegetables; tree paint; and perch treatments
for controlling birds. The Agency has determined that
some potential benefits are associated with the use
of endrin on alfalfa and clover seed crops.
C. Determinations on Unreasonable Adverse Effects
For the reasons set forth in detail in the
Position Document, the Agency has made the following
unreasonable adverse effect determinations with respect
5/
to the uses of endrin subject to the RPAR:
5/ On January 31, 1978, the Administrator of the
Agency classified all uses of endrin for restricted use
and limited them to use by or under the direct super-
vision of certified applicators (40 CFR §162.31; 43 FR
5788, February 9," 1978). The uses were classified under
the Agency's Optional Procedures for Classification of
Pesticide Uses by Regulation (40 CFR §162.30; 42 FR
44170, September 1, 1977). These actions will continue
for all uses of endrin until the cancellations to be
implemented through the RPAR process have become
effective and for uses that have not been cancelled
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1. Determinations on Cotton Uses
The Agency has determined that the use of endrin
on cotton in all states east of the Mississippi River
and in Arkansas, Louisiana, and all portions of
Oklahoma and Texas east of Interstate Highway #35 poses
risks which are greater than the social, economic and
environmental benefits of the use. Accordingly, the
Agency has determined that the use of endrin on cotton
crops in these areas generally will cause unreasonable
adverse effects on the environment, when used in
accordance with commonly recognized practice. The
Agency has determined that risks of the use of endrin
on cotton in areas other than all states east of the
Mississippi River, Arkansas, Louisiana, and all
portions of Oklahoma and Texas east of Interstate
Highway #35 are greater than the social, economic and
environmental benefits of these uses, unless risk
reductions are accomplished by modifications in the
terras or conditions of registration, as described
below.. The Agency has determined, further, that these
modifications in the terms or conditions of registra-
tion accomplish significant reductions and that these
risk reductions can be achieved without significant
impacts on the benefits of the use. Accordingly, the
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Agency has determined that, unless these changes in
the terms or conditions of registration are accom-
plished, the uses of endrin on cotton in areas other
than all states east of the Mississippi River,
Arkansas, Louisiana, and all portions of Oklahoma and
Texas east of Interstate Highway #35 generally will
cause unreasonable adverse effects on the environment,
when used in accordance with widespread and commonly
recognized practice, and that the labeling of endrin
products for cotton uses will not comply with the
provisions of FIFRA.
2. Determinations on Small Grains Uses
The Agency has determined that the use of
endrin on small grains to control pests other than
the army cutworm, the pale western cutworm and grass-
hoppers poses risks which are greater than the social,
economic and environmental benefits of the use.
Accordingly, the Agency has determined that these uses
of endrin generally will cause unreasonable adverse
effects on the environment, when used in accordance
with commonly recognized practice.
The Agency has determined that the risks
of small grains uses of endrin to control the army
cutworm, the pale western cutworm and grasshoppers
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are greater than the social, economic and environmental
benefits of these uses, unless risk reductions are
accomplished by modifications in the terms or con-
ditions of registration, as described below. The
Agency has determined, further, that these modifica-
tions in the terms or conditions of registration
accomplish significant risk reductions and that these
risk reductions can be achieved without significant
impacts on the benefits of the uses. Accordingly,
the Agency has determined that, unless these changes
in the terms or conditions of registration are
accomplished, the uses of endrin on small grains to
control the army cutworm, the pale western cutworm
and grasshoppers generally will cause unreasonable
adverse effects on the environment, when used in
accordance with widespread and commonly recognized
practice, and that the labeling of endrin products
for small grain uses will not comply with the
provisions of FIFRA.
3. Determinations on Orchard Uses
The Agency has determined that the use of
endrin in orchards for control of the eastern meadow
vole poses risks which are greater than the social,
economic and environmental benefits of the use.
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Accordingly, the Agency has determined that this use
of endrin generally will cause unreasonable adverse
effects on the environment, when used in accordance
with commonly recognized practice.
The Agency has determined that the risks of
orchard uses of endrin for control of the pine vole
and western meadow vole are greater than the social,
economic and environmental benefits of these uses,
unless risk reductions are accomplished by
modifications in the terms or conditions of registra-
tion, as described below. The Agency has determined,
further, that these modifications in the terms or
conditions of registration accomplish significant
risk reductions and that these risk reductions can be '
achieved without significant impacts on the benefits of
the uses. Accordingly, the Agency has determined that,
unless these changes in the terms or conditions of
registration are accomplished, the uses of endrin in
orchards to control the pine vole and the western
meadow vole generally will cause unreasonable adverse
effects on the environment, when used in accordance
with widespread and commonly recognized practice, and
that the labeling of endrin products for orchard uses
will not comply with the provisions of FIFRA.
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4. Determinations on Other Uses
a. Sugarcane
The Agency has determined that the use of
endrin on sugarcane to control pests other than the
sugarcane beetle poses risks which are greater than the
social, economic and environmental benefits of the use.
Accordingly, the Agency has determined that these uses
of endrin generally will cause unreasonable adverse
effects on the environment, when used in accordance
with commonly, recognized practice. The Agency has
determined that the risks of the use of endrin to
control the sugarcane beetle are greater than the
social, economic and environmental benefits of these
uses, unless risk reductions are accomplished by
modifications in the terms or conditions of registra-
tion, as described below. The Agency has determined,
further, that these modifications in the terms or
conditions of registration accomplish significant risk
reductions and that these risk reductions can be
achieved without significant impacts on the benefits
of the uses. Accordingly, the Agency has determined
that, unless these changes in the terras or conditions
of registration are accomplished, the uses of endrin
on sugarcane generally will cause unreasonable adverse
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effects on the environment, when used in accordance
with widespread and commonly recognized practice, and
that the labeling of endrin products for sugarcane uses
will not comply with the provisions of FIFRA.
b.	Ornamentals
The Agency has determined that the use of endrin
on ornamentals poses risks which are greater than the
social, economic and environmental benefits of the
uses. Accordingly, the Agency has determined that these
uses of endrin generally will cause unreasonable adverse
effects on the environment, when used in accordance
with commonly recognized practice.
c.	Conifer Seeds; Alfalfa and Clover Seed
Crops; Tree Paint
The Agency has determined that the risks of the
uses of endrin on conifer seeds, alfalfa and clover
seed crops, and tree paint are greater than the social,
economic and environmental benefits of these uses,
unless risk reductions are accomplished by modifica-
tions in the terms or conditions of registration, as
described below. The Agency has determined, further,
that these modifications in the terms or conditions
of registration accomplish significant risk reductions
and that these risk reductions can be achieved without
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significant impacts on the benefits of the uses.
Accordingly, the Agency has determined that, unless
these changes in the terras or conditions of registra-
tion are accomplished, these uses of endrin generally
will cause unreasonable adverse effects on the
environment, when used in accordance with widespread
and commonly recognized practice, and that the labeling
of endrin products for these uses will not comply with
the provisions of FIFRA.
d. Perch Treatments
The Agency has determined that the use of endrin
f
in "Sorbikil" , an unenclosed bird perch treatment, poses
risks which are greater than the social, economic and
environmental benefits of the use. Accordingly, the
Agency has determined that this use of endrin generally
will cause unreasonable adverse effects on the environ-
ment, when used in accordance with commonly recognized
practice. The Agency has determined that the risks of
the use of endrin in "Rid-A-Bird", an enclosed bird
perch treatment, are greater' than the social, economic
and environmental benefits of this use, unless risk
reductions are accomplished by modifications in the
terras or conditions of registration, as described
below. The Agency has determined, further, that these
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modifications in the terras oc conditions of registra-
tion accomplish significant risk reductions and that
these risk reductions car} be achieved without
significant impacts on the benefits of the uses.
Accordingly, the Agency has determined that, unless
these changes in the terms or conditions of
registration are accomplished, the uses of endrin in
Rid-A-Bird perches generally will cause unreasonable
adverse effects on the environment, when used in
accordance with widespread and commonly-recognized
practice, and that the labeling of endrin products for
this use will not comply with the provisions of FIFRA.
D. Initiation of Regulatory Actions
Based upon the determinations summarized above and
developed in detail in the Position Document, the Agency
is initiating the following regulatory actions, and this
document shall constitute its Notice of Intention to
initiate these actions:
1. Cancellation and denial of registrations of
endrin products for use on cotton in all
states east of the Mississippi River and in
Arkansas, Louisiana, and all portions of
Oklahoma and Texas east of Interstate Highway
#35.
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Cancellation and denial of registration
of endrin products for use on cotton in areas
other than all states east of the Mississippi
River and Arkansas, Louisiana, and all
portions of Oklahoma and Texas east of Inter-
state Highway #35 unless registrants or
applicants for registration modify the terms
or conditions of registration as follows:
Modification of the label of endrin products
for the use of endrin on cotton in areas other
than all states east of the Mississippi River,
Arkansas, Lousiana, and all portions of Oklahoma
and Texas east of Interstate Highway #35 to add
the following:
Required Clothing for Female
Workers
Female ground applicators, mixers and loaders
and flagpersons must wear long-sleeved shirts
and long pants made of a closely woven fabric,
and wide-brimmed hats. Mixers and loaders must
also wear rubber or synthetic rubber boots and
aprons.
Warning to Female Workers
Excessive exposure to endrin may cause birth
defects. Female workers must be sure to wear
all protective clothing and use all protective
equipment specified on this label. In case of
accidental spills or other unusual exposure,
cease work immediately and follow directions
for contact with endrin.
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Equipment
Ground Application
For use with boom-nozzle ground equipment.
Apply at not less than 5 gallons total mix-
ture, water and chemical, per acre. Do not
use nozzle liquid pressure at greater than
40 psi (pounds per square inch). Do not
use cone nozzle size smaller than 0.16 gpm
at 40 psi such as type D2-25 or TX-10, or no
other atomizer or nozzle giving smaller drop
size.
Aerial Application
Do not apply at less than two gallons total
mixture of water and chemical per acre. Do
not operate nozzle liquid pressure over 40
psi (pounds per square inch) with no fan
nozzle smaller thatn 0.4 gallons per minute
(gpm) or fan angle greater than 65 degrees
such as type 6504. Do not use any cone type
nozzles smaller than 0.4 gpm nor whirl plate
smaller than #46 such as type D4-46 or no
other atomizer or nozzle giving smaller drop
size. Do not release this material at
greater than 19 ft. height above the crop.
Application Restrictions
Do not use this product within 150 yards
of human habitation.
Do not use this product within 1/4 mile of
streams, lakes or ponds. Application may
be made within 1/4 mile of ponds owned by
the user, but application within 200 yards
of such ponds may result in fish kills.
Do not apply when rainfall is imminent.
Apply only when wind velocity is between
2 mph and 10 mph.
Procedures to be Followed if Fish
Kills Occur"
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In case of fish kills, fish must be collected
promptly and dispose of by burial.
At ponds, post signs stating: "Contaminated:
No Fishing". Signs must remain for one year
after fish kill has occurred.
Prophylactic Use
Unnecessary use of this product can
lead to resistance in pest populations
and subsequent lack of efficacy.
Cancellation and denial of registration of endrin
products for use on small grains to control all
pests other than the army cutworm, the pale
western cutworm, and grasshoppers.
Cancellation and denial of registration of
endrin products for use on small grains for control
of the array cutworm, pale western cutworm and
grasshoppers unless registrants or applicants
for registration modify the terras or con-
ditions of registration as follows:
Modification of the label of endrin pro-
ducts for the use of endrin on small grains to
control the array cutworm, pale western cutworm,
and grasshoppers to add the following:
Required Clothing for Female
Workers
Female ground applicators, mixers and loaders
and flagpersons must wear long-sleeved shirts
and long pants made of a closely woven fabric,
and wide-brimmed hats. Mixers and loaders

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must also wear rubber or synthetic rubber
boots and aprons.
Warning to Female Workers
Excessive exposure to endrin may cause birth
defects. Female workers must be sure to wear
all protective clothing and use all protective
equipment specified on this label. In case of
accidental spills or other unusual exposure,
cease work immediately and follow directions
for contact with endrin.
Equipment
Ground Application
For use with boom-nozzle ground equipment.
Apply at not less than 5 gallons total
mixture, water and chemical, per acre. Do
not use nozzle liquid pressure at greater
than 40 psi (pounds per square inch). Do not
use cone nozzle size smaller than 0.16 gpm
at 40 psi such as type D2-25 or TX-10, or no
other atomizer or nozzle giving smaller drop
size.
Aerial Application
Do not apply at less than one gallon total
mixture of water and chemical per acre. Do
not operate nozzle liquid pressure over 40
psi (pounds per square inch) with no fan
nozzle smaller than 0.4 gallons per minute
(gpm) or fan angle greater than 65 degrees
such as type 6504. Do not use any cone type
nozzles smaller than 0.4 gpm nor whirl plate
smaller than #46 such as type D4-46 or no
other atomizer or nozzle giving smaller drop
size. Do not release this material at
greater than 10 ft. height above the crop.
Application Restrictions
Do not use this product within 150 yards
of human habitation.
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Do not use this product within 1/4 mile of
streams, lakes or ponds. Application may
be made within 1/4 mile of ponds owned by
the user, but application within 200 yards
of such ponds may result in fish kills.
Do not apply when rainfall is imminent.
Apply only when wind velocity is between
2 mph and 10 mph.
Procedures to be Followed if Fish
Kills Occur
In case of fish kills, fish must be col-
lected promptly and disposed of by burial.
At ponds, post signs stating: "Contaminated:
No Fishing". Signs must remain for one year
after fish kill has occurred.
Pests for Which This Product
May Be Applied
This product may be applied to control the
following pests only: army cutworm; pale
western cutworm; grasshoppers.
3. Cancellation and denial of registration of endrin
products for use in orchards to control the eastern
meadow vole.
Cancellation and denial of registration of
endrin products for use in orchards to control
the pine vole and western meadow vole unless
registrants or applicants for registration modify
the terms or conditions of registration as follows:
Modification of the labeling of endrin pro-
ducts for use in orchards to control the pine vole
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and the western meadow vole to add the following:
Required Clothing for Female
Workers
Female ground applicators, mixers and
loaders and flagpersons must wear long-
sleeved shirts and long pants made of a
closely woven fabric, and wide-brimmed
hats. Mixers and loaders must also
wear rubber or synthetic rubber boots
and aprons.
Warning to Female Workers
Excessive exposure' to endrin may cause birth
defects. Female workers must be sure to wear
all protective clothing and use all protective
clothing and use all protective equipment
specified on this label. In case of
accidental spills or other unusual exposure,
cease work immediately and follow directions
for contact with endrin.
Application Restrictions
Do not apply this product within 50 feet
of lakes, ponds or streams.
Do not apply this product within 50 feet
of areas occupied by unprotected humans.
Do not apply when rainfall is imminent.
Procedures to be Followed if Fish
Kills Occur
In case of fish kills, fish must be col-
lected promptly and disposed of by burial.
At ponds, post signs stating: "Contaminated:
No Fishing". Signs must remain for one year
after fish kill has occurred.
Equipment
Use a very coarse spray with minimum pressure
necessary to penetrate ground cover. Do not
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apply as a fine spray. Power air blast equip
ment must be modified to meet the above appli
cation restriction. Consult the State
recommendations for acceptable methods of
adapting equipment.
Prophylactic Use
Unnecessary use of this product can lead to
resistance in the mouse population and sub-
sequent lack of efficacy.
Pests for Which This Product
May Be Applied
This product may be applied to control the
following pests only: pine vole; western
meadow vole.
Cancellation and denial of registration of endrin
products for use on sugarcane to control the
sugarcane borer.
Cancellation and denial of registration of
endrin products for use on the sugarcane beetle
unless registrants or applicants for registration
modify the terms or conditions of registration as
follows:
Modification of the labeling of endrin pro-
ducts for use on sugarcane to control the
sugarcane beetle to add the following:
Required Clothing for Female
Workers
Female ground applicators, mixers and
loaders and flagpersons must wear long-
sleeved shirts and long pants made of a

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closely woven fabric, and wide-brimmed
hats. Mixers and loaders must also
wear rubber or synthetic rubber boots
and aprons.
Warning to Female Workers
Excessive exposure to endrin may cause
birth defects. Female workers must be
sure to wear all protective clothing and
use all protective equipment specified on
this label. In case of accidental spills
or other unusual exposure, cease work
immediately and follow directions for
contact with endrin.
Application Restrictions
Apply only with low-pressure ground equip-
ment. Cover furrows with soil promptly
after application.
Pests for Which This Product
May Be Applied'
This product may be applied only to
control the sugarcane beetle.
Cancellation and denial of registration of endrin
products for use on ornamentals.
Cancellation and denial of registration of endrin
products for use on conifer seed treatments unless
registrants or applicants for registration
modify the terms or conditions of registration
as follows:'
Modification of the label of endrin products
for the use of endrin on conifer seed treatments
to add the following:
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Application Restrictions
Do not apply when large numbers of migratory
birds are expected.
7.	Cancellation and denial of registration of endrin
products for use on tree paint unless registrants
or applicants for registration modify the terms
or conditions of registration as follows:
Modification of the label of endrin products
for the use of endrin on tree paint to add the
following:
Required Clothing for Female
Workers
Female workers handling or applying this
product must wear long-sleeved shirts and
long pants made of a closely woven fabric,
wide-brimmed hat, and wear rubber or
synthetic rubber boots and aprons.
Warning to Female Workers
Excessive exposure to endrin may cause birth
defects. Female workers must be sure to wear
all protective clothing and use all protective
equipment specified on this label. In case of
accidental spills or other unusual exposure,
cease work immediately and follow directions
for contact with endrin.
8.	Cancellation and denial of registration of endrin
products for use on alfalfa and clover seed crops
unless registrants or applicants for registration
modify the terras or conditions of registration
as follows:
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Modification of the label of endrin products
for the use of endrin on alfalfa and clover seed
crops to add the following:.
Required Clothing for Female
Workers
Female ground applicators, mixers and loaders
and flagpersons must wear long-sleeved shirts
and long pants made of a closely woven fabric,
and wide-brimmed hats. Mixers and loaders
must also wear rubber or synthetic rubber
boots and aprons.
Warning to Female Workers
Excessive exposure to endrin may cause birth
defects. Female workers must be sure to wear
all protective clothing and use all protective
equipment specified on this label. In case of
accidental spills or other unusual exposure,
cease work immediately and follow directions
for contact with endrin.
Equipment
Ground Application
For use with boom-nozzle ground equipment.
Apply at not less than 5 gallons total mix-
ture, water and chemical, per acre. Do not
use nozzle liquid pressure at greater than
40 psi (pounds per square inch). Do not
use cone nozzle size smaller than 0.16 gpm
at 40 psi such as type D2-25 or TX-10, or
no other atomizer or nozzle giving smaller
drop size.
Aerial Application
Do not apply at less than one gallon total
mixture of water and chemical per acre. Do
not operate nozzle liquid pressure over 40
psi (pounds per square inch) with no fan
nozzle smaller than 0.4 gallons per minute
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(gpm) or fan angle greater than 65 degrees
such as type 6504. Do not use any cone type
nozzles smaller than 0.4 gpm nor whirl plate
smaller than #46 such as type D4-46 or no
other atomizer or nozzle giving smaller
drop size. Do not relese this material at
greater than 10 ft. height above the crop.
Application Restrictions
Do not use this product within 150 yards of
human habitation.
Do not use this product within 1/4 mile of
streams, lakes or ponds. Application may
be made within 1/4 mile of ponds owned by
the user, but application within 200 yards
of such ponds may result in fish kills.
Do not apply when rainfall is imminent.
Apply only when wind velocity is between
2 roph and 10 mph.
Procedures to be Followed if Fish
Kills Occur
In case of fish kills, fish must be col-
lected promptly and disposed of by burial.
At ponds, post signs stating: "Contaminated:
No Fishing". Signs must remain for one
year after fish kill has occurred.
9. Denial of applications for federal registration of
"Sorbikil" bird perch treatments containing endrin.
Cancellation and denial of applications for
registration of "Rid-A-Bird" bird perch treatments
containing endrin unless registrants modify the
term of conditions of registration as follows:
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Required Clothing for Female
Workers
Female workers handling this product must wear
long-sleeved shirts and long pants made of a
closely woven fabric, wide-brimmed hats, and
rubber or synthetic rubber aprons.
Warning to Female Workers
Excessive exposure to endrin may cause birth
defects. Female workers must be sure to wear
all protective clothing and use all protective
equipment specified on this label. In case of
accidental spills or other unusual exposure,
cease work immediately and follow directions
for contact with endrin.
Special Warning
Do not use within one mile of roosting sites
or within two miles of nesting sites of
peregrine falcons, as identified by the United
States Fish and Wildlife Service.
V. Procedural Matters
As discussed above in Section II of this Notice, the
Agency's decision to initiate the regulatory actions described
in Section III must be referred for review by the Secretary
of Agriculture and the Scientific Advisory Panel. In
accordance with FIFRA, the EPA position document setting
forth in detail the reasons and factual bases for the
regulatory actions which the Agency proposes and this
notice of determination are being transmitted
immediately to the Secretary of Agriculture and to the
Scientific Advisory Panel for comment. The Agency also
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is transmitting copies of these documents to endrin
registrants. The Agency also is offering registrants
and other interested persons an opportunity to comment
on the bases for the Agency's action by making copies
of the Position Document available upon request.
Interested persons may receive copies of the documents
by communicating their requests to Kyle Barbehenn,
Project Manager, Special Pesticide Review Division
(TS-701), EPA, Room 447, East Tower, 401 M Street,
S.W., Washington, D.C., 20460, (202) 755-8050.
Registrants and other interested persons will be given
the same period of time to submit comments — thirty
days - that the statute provides for comments from the
Secretary of Agriculture and the Scientific Advisory
Panel.
After completion of these review procedures, the
Agency will consider the comments received and publish
an analysis of them, together with any changes in the
regulatory actions announced in this Notice which it
determines are appropriate. Until this final review
phase is concluded in this manner, it is not necessary
for registrants or other interested persons to request
a hearing to contest any regulatory actions resulting
from the conclusion of this RPAR.
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All comments on the proposed actions should be
sent to the Federal Register Section, Technical Service
Division, Office of Pesticide Programs, EPA, Room 447,
East Tower, 401 M Street S.W., Washington, D.C., 20460.
In order to facilitate the work of the Agency and of
others interested in inspecting the comments, regis-
trants and other interested persons should submit
three copies of their comments. The comments should
bear the identifying notation 	L and should
be submitted on or before	~
Steven D. Jellinek
Assistant Administrator
for Toxic Substances
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