Methyl Parathion; Notice of Receipt of Request to Voluntarily Cancel Pesticide Registrations, 22402-22404 [2010-9627]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Pages 22402-22404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9627]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8822-6]


Methyl Parathion; Notice of Receipt of Request to Voluntarily 
Cancel 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 requests by the registrants to voluntarily cancel 
their registrations of products containing the pesticide methyl 
parathion. The requests would delete methyl parathion use in or on 
alfalfa, almonds, barley, canola/rapeseed, corn (field, pop, and 
sweet), cotton, grass (forage), oats, onions, potatoes (sweet and 
white), rice, rye, soybeans, sunflowers, walnuts, and wheat. The 
requests would terminate the last methyl parathion products registered 
for use in the United States. EPA intends to grant these requests 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 requests, or unless the registrants 
withdraw their requests. If these requests are granted, any sale, 
distribution, or use of products listed in this notice will be 
permitted after the registration has been cancelled only if such sale, 
distribution, or use is consistent with the terms as described in the 
final order.

DATES: Comments must be received on or before May 28, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0332, by one of the following methods:
     Federal eRulemaking Portal: https://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

[[Page 22403]]

Docket Facility 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 
https://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 regulations.gov website 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 https://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 either in the electronic 
docket at https://www.regulations.gov, 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 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 (CFR) 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 registrants 
Cheminova A/S, Cheminova, Inc., and United Phosphorus, Inc. to cancel 
methyl parathion product registrations. Methyl parathion is a 
restricted use organophosphate insecticide and acaricide registered for 
use on alfalfa, almonds, barley, canola/rapeseed, corn (field, pop, and 
sweet), cotton, grass (forage), oats, onions, potatoes (sweet and 
white), rice, rye, soybeans, sunflowers, walnuts, and wheat, with the 
majority of use occurring on cotton, corn, and rice. There are no 
residential uses. On March 29, 2010, Cheminova A/S, Cheminova, Inc., 
and United Phosphorus, Inc. and EPA signed a Memorandum of Agreement 
(MOA) to voluntarily cancel all uses of pesticide product registrations 
identified in Table 1 in Unit III. of this document. Specifically, the 
MOA will terminate the last methyl parathion products registered in the 
United States.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from registrants 
to cancel uses of methyl parathion product registrations. The affected 
products and the registrants making the requests 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.

[[Page 22404]]



 Table 1.--Methyl Parathion Product Registrations with Pending Requests
                            for Cancellation
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       Registration Number           Product Name           Company
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4787-33                           Cheminova Methyl    Cheminova A/S
                                   Parathion
                                   Technical
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67760-43                          Cheminova Methyl    Cheminova, Inc.
                                   Parathion 4 EC
------------------------------------------------------------------------
70506-193                         PENNCAP-M           United Phosphorus,
                                   Microencapsulated   Inc.
                                   Insecticide
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed 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 in Table 1.

         Table 2.--Registrants Requesting Voluntary Cancellation
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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
------------------------------------------------------------------------

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, section 6(f)(1)(C) of FIFRA 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 Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The methyl parathion registrants have 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. If the 
products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

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 requests for voluntary cancellation are granted, the 
Agency intends to publish the cancellation order in the Federal 
Register.
     In any order issued in response to this request for cancellation 
of product registrations, EPA proposes to include the following 
provisions for the treatment of any existing stocks of the products 
listed in Table 1.
     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. All sales and distributions of end-
use products shall be prohibited as of August 31, 2013. Thereafter, 
registrants will be prohibited from selling or distributing the 
products identified in Table 1, 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: April 16, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-9627 Filed 4-27-10; 8:45 am]
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