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[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices]               
[Page 43981-43983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-89]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8838-6]

 
Methyl Parathion; Rescision of Previously Issued Order and 
Issuance of Revised Cancellation Order for Certain Pesticide 
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's rescision of a previously issued 
cancellation order and provides a revised cancellation order, 
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 revised cancellation order rescinds a July 16, 2010 
Federal Register Notice which incorrectly stated the effective date of 
the cancellations of the product registrations listed in Table 1 of 
Unit II. This order correctly identifies the effective dates of 
cancellation for the affected product registrations. In addition, this 
order clarifies the existing

[[Page 43982]]

stocks provisions. These are the last products containing this 
pesticide registered for use in the United States. In the 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, 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 two comments on the notice but none 
merited the denial or the 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 December 31, 2012.

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 revised cancellation order rescinds a July 16, 2010 Federal 
Register Notice (75 FR 41482) which incorrectly stated the effective 
date of the cancellations of the product registrations listed in Table 
1 of Unit II and issues a revised order for the cancellation of methyl 
parathion products. This order correctly identifies the effective dates 
of cancellation for the affected product registrations. In addition, 
this order clarifies the existing stocks provisions.
    The cancellation order for methyl parathion products, issued in the 
Federal Register on July 16, 2010 is rescinded. This notice announces 
the cancellations as requested by registrants, of methyl parathion 
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

    EPA received two comments from the general public. 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 for the purpose of this order or for a denial of the 
requests for voluntary cancellation.

 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 
December 31, 2012. 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 amended to terminate one or more uses. FIFRA further 
provides that, before acting on the request, EPA must publish

[[Page 43983]]

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 22402-22404) (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 specified in the Memorandum of Agreement between the EPA and 
registrants listed in Table 2 (www.regulations.gov_EPA-HQ-OPP-2009-0010). The existing stocks provision is as follows: All sale, 
distribution and use of existing stocks of manufacturing-use products 
imported into the United States shall be prohibited as of December 31, 
2012. In addition, as of December 31, 2012, all sale, distribution, and 
use of existing stocks of manufacturing-use products shall be 
prohibited unless the sale, distribution, or use is for purposes of 
export consistent with section 17 of FIFRA or for proper disposal. 
Registrants are prohibited from selling or distributing end-use 
products as of December 31, 2012, except for end-use products intended 
for export consistent with the requirements of section 17 of FIFRA, or 
for proper disposal. Persons other than the registrants are permitted 
to sell or distribute end-use products prior to August 31, 2013. All 
sale and distribution 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, except 
for products intended for export consistent with the requirements of 
section 17 of FIFRA or proper disposal. Finally, as of the effective 
date of this cancellation order, any permitted use of existing stocks 
is expressly conditioned upon such use being consistent with the terms 
of the previously approved labeling on or that accompanied the 
cancelled product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 20, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2010-18380 Filed 7-26-10; 8:45 am]
BILLING CODE 6560-50-S
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