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[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Notices]               
[Page 57787-57789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se10-74]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8846-2]

 
Methyl Parathion; Notice of Receipt of Request to Voluntarily 
Cancel Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of a request by the registrant to voluntarily cancel 
their section 24(c) Special Local Needs (SLN) registrations of certain 
products containing the pesticide methyl parathion. The request would 
delete methyl parathion use in or on sweet potatoes, walnuts, and yams. 
The request would terminate the last methyl parathion products 
registered for use in the United States. EPA intends to grant this 
request at the close of the comment period for this announcement unless 
the Agency receives substantive comments within the comment period that 
would merit its further review of the request, or unless the registrant 
withdraws its request. If this request is granted, any sale, 
distribution, or use of products listed in this notice will be 
permitted after the registration has been canceled only if the sale, 
distribution, or use is consistent with the terms as described in the 
final order.

DATES: Comments must be received on or before October 22, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID)

[[Page 57788]]

number EPA-HQ-OPP-2009-0332, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility's telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0332. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. If EPA 
cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available in the electronic docket, or, 
if only available in hard copy, at the 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's telephone number is (703) 305-5805.

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. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Requests To Cancel and/or Amend 
Registrations To Delete Uses

    This notice announces receipt by EPA of a request from the 
registrant, United Phosphorus, Inc., to cancel certain methyl parathion 
product registrations. Methyl parathion is a restricted use 
organophosphate insecticide and acaricide. In a letter dated August 6, 
2010, United Phosphorus, Inc., requested EPA to cancel certain 
pesticide product registrations identified in Table 1 of Unit III. 
Specifically, the registrant requested voluntary cancellation of all 
section 24(c) SLN registrations for methyl parathion. This cancellation 
request is directly related to the Memorandum of Agreement (MOA) signed 
on March 29, 2010, between Cheminova A/S, Cheminova, Inc., United 
Phosphorus, Inc., and the Agency. In this MOA, the registrants agreed 
to voluntarily cancel all methyl parathion product registrations 
including the parent product for these SLNs. The Agency previously 
issued a cancellation order for the parent products containing methyl 
parathion on July 27, 2010 (75 FR 43981). This action on the 
registrant's request will terminate the last methyl parathion products 
registered in the United States.

[[Page 57789]]

III. What action is the agency taking?

    This notice announces receipt by EPA of a request from a registrant 
to cancel certain methyl parathion product registrations. The affected 
products and the registrant making the request are identified in Tables 
1 and 2 of this unit.
    Unless a request is withdrawn by the registrant or if the Agency 
determines that there are substantive comments that warrant further 
review of this request, EPA intends to issue an order canceling the 
affected registrations.

             Table 1--Methyl Parathion Product Registrations With Pending Requests for Cancellation
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           Registration No.                     Product name                            Company
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AL-000001............................  Penncap-M Microencapsulated    United Phosphorus, Inc.
                                        Insecticide.
AR-000006............................  Penncap-M Microencapsulated    United Phosphorus, Inc.
                                        Insecticide.
CA-000001............................  Penncap-M Microencapsulated    United Phosphorus, Inc.
                                        Insecticide.
LA-090005............................  Penncap-M Microencapsulated    United Phosphorus, Inc.
                                        Insecticide.
MS-000009............................  Penncap-M Microencapsulated    United Phosphorus, Inc.
                                        Insecticide.
TX-990012............................  Penncap-M Microencapsulated    United Phosphorus, Inc.
                                        Insecticide.
----------------------------------------------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for 
the registrant of the products listed in Table 1 of this unit.

Table 2--Registrants Requesting Voluntary Cancellation and/or Amendments
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            EPA company No.                  Company name and address
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70506..................................  United Phosphorus, Inc. 630
                                          Freedom Business Center, Suite
                                          402 King of Prussia, PA 19406.
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IV. 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 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.
    Section 6(f)(1)(B) of FIFRA requires that before acting on a 
request for voluntary cancellation, EPA must provide a 30-day public 
comment period on the request for voluntary cancellation or use 
termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA 
provide a 180-day comment period on a request for voluntary 
cancellation or termination of any minor agricultural use before 
granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment.
    The methyl parathion registrant has requested that EPA waive the 
180-day comment period. Accordingly, EPA will provide a 30-day comment 
period on the proposed requests.

V. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product 
cancellation or use deletion should submit the withdrawal in writing to 
the person listed under FOR FURTHER INFORMATION CONTACT.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
that are currently in the United States and that were packaged, 
labeled, and released for shipment prior to the effective date of the 
action. If the request for voluntary cancellation is granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
    As specified in the MOA, 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 
exports 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: September 15, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-23722 Filed 9-21-10; 8:45 am]
BILLING CODE 6560-50-P
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