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[Federal Register: July 16, 2010 (Volume 75, Number 136)]
[Notices]               
[Page 41482-41483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy10-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8833-9]

 
Methyl Parathion; Cancellation Order for Certain Pesticide 
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations, 
voluntarily requested by the registrants and accepted by the Agency, of 
products containing methyl parathion, pursuant to section 6(f)(1) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows a April 28, 2010 Federal 
Register Notice of Receipt of Requests from the registrants listed in 
Table 2 of Unit II. to voluntarily cancel all these product 
registrations. These are the last products containing this pesticide 
registered for use in the United States. In the April 28, 2010 notice, 
EPA indicated that it would issue an order implementing the 
cancellations, unless the Agency received substantive comments within 
the 30-day comment period that would merit its further review of these 
requests, or unless the registrants withdrew their requests. The Agency 
received comments on the notice but none merited its further review of 
the requests. Further, the registrants did not withdraw their requests. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested cancellations. Any distribution, sale, or use of 
the products subject to this cancellation order is permitted only in 
accordance with the terms of this order, including any existing stocks 
provisions.

DATES:  The cancellations are effective July 16, 2010.

FOR FURTHER INFORMATION CONTACT:  Kelly Ballard, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 305-8126; fax 
number: (703) 305-5290; e-mail address: ballard.kelly@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may 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 Copies of this Document and Other Related Information?

    EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2009-0332. Publicly available 
docket materials are available either in the electronic docket at 
http://www.regulations.gov, or, if only available in hard copy, at the 
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, 
VA. The hours of operation of this Docket Facility are from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket 
Facility telephone number is (703) 305-5805.

II. What Action is the Agency Taking?

    This notice announces the cancellations, as requested by 
registrants, of products registered under section 3 of FIFRA. These 
registrations are listed in sequence by registration number in Table 1 
of this unit.

            Table 1.--Methyl Parathion Product Cancellations
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          EPA Registration Number                   Product Name
------------------------------------------------------------------------
4787-33                                     Cheminova Methyl Parathion
                                             Technical
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67760-43                                    Cheminova Methyl Parathion 4
                                             EC
------------------------------------------------------------------------
70506-193                                   PENNCAP-M Microencapsulated
                                             Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in sequence by 
EPA company number. This number corresponds to the first part of the 
EPA registration numbers of the products listed above.

               Table 2.--Registrants of Cancelled Products
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            EPA Company Number                Company Name and  Address
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4787                                        Cheminova A/S
                                            1600 Wilson Boulevard, Suite
                                             700
                                            Arlington, VA 22209
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67760                                       Cheminova, Inc.
                                            1600 Wilson Boulevard, Suite
                                             700
                                            Arlington, VA 22209
------------------------------------------------------------------------
70506                                       United Phosphorus
                                            630 Freedom Business Center,
                                             Suite 402
                                            King of Prussia, PA 19406
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    Two comments from the general public were received. The first 
comment was from the Independent Scientific Research Advocates, and 
refers to the toxicity issues of organophosphates as a class of 
chemicals, and does not specifically refer to this cancellation action 
for methyl parathion. The second comment was from the USA Rice 
Federation, and notes the concern over the loss of methyl parathion. 
USA Rice would like EPA to expedite a replacement chemical for methyl 
parathion, and would support the expedition. The Agency does not 
believe that the comments submitted during the comment period merit 
further review or a denial of the requests for voluntary cancellation, 
or further review for purposes of this order.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellations of methyl parathion registrations identified in Table 1 
of Unit II. Accordingly, the Agency hereby orders that the product 
registrations identified in Table 1 of Unit II. are canceled. The 
effective date of the cancellations that are subject of this notice is 
July 16, 2010. Any distribution, sale, or use of existing stocks of the 
products identified in Table 1 of Unit II. in a manner inconsistent 
with any of the provisions for disposition of existing stocks set forth 
in Unit VI. will be a violation of FIFRA.

V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled or

[[Page 41483]]

amended to terminate one or more uses. FIFRA further provides that, 
before acting on the request, EPA must publish a notice of receipt of 
any such request in the Federal Register. Thereafter, following the 
public comment period, the EPA Administrator may approve such a 
request. The notice of receipt for this action was published for 
comment on April 28, 2010 (75 FR 22402) (FRL-8822-6). The comment 
period closed on May 28, 2010.

VI. Provisions for Disposition of Existing Stocks

     Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
action. The existing stocks provision for the products subject to this 
order is as follows.
     As specified in the Memorandum of Agreement, all use, sales and 
distributions of existing stocks of manufacturing-use products will be 
prohibited as of December 31, 2012. Registrants are prohibited from 
selling and distributing end-use products as of December 31, 2012. 
Persons other than the registrants are permitted to sell or distribute 
end-use products prior to August 31, 2013. All sales and distributions 
of end-use products shall be prohibited as of August 31, 2013, except 
for export consistent with section 17 of FIFRA or for proper disposal. 
Additionally, all use of existing stocks of the end-use products shall 
be prohibited as of December 31, 2013.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 7, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-17404 Filed 7-15-10; 8:45 a.m.]
BILLING CODE 6560-50-S
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