[Federal Register Volume 75, Number 143 (Tuesday, July 27, 2010)]
[Notices]
[Pages 43981-43983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18380]
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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: [email protected].
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
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4787-33 Cheminova Methyl Parathion
Technical
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67760-43 Cheminova Methyl Parathion 4
EC
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70506-193 PENNCAP-M Microencapsulated
Insecticide
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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
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70506 United Phosphorus
630 Freedom Business Center,
Suite 402
King of Prussia, PA 19406
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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]
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