[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Notices]
[Page 62850-62852]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-47]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2003-0237; FRL-8155-9]
Methyl Parathion; Notice of Receipt of Requests to Voluntarily
Cancel and/or Amend to Terminate Uses of Certain Methyl Parathion
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
some registrations and amend other registrations to terminate uses of
certain end-use products containing the pesticide methyl parathion. The
requests would terminate methyl parathion use in or on cabbage, dried
beans, dried peas, hops, lentils, pecans, and sugar beets. The requests
would not terminate the last methyl parathion products registered for
use in the U.S. 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 within this period. Upon acceptance of these requests,
any sale, distribution, or use of products listed in this notice will
be permitted 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 December 7, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2003-0237, 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'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 telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2003-0237. 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 Federal 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 in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov web
site to view the docket index or access available documents. 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 http://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: John W. Pates, Jr., Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8195; fax
number: (703) 308-8005; e-mail address: pates.john@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
[[Page 62851]]
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 requests from registrants
Helena Chemical Company (Company 5905), Drexel Chemical
Company (Company 19713), and Cheminova A/S to cancel product
registrations 5905-533, 5905-534, 19713-511, 19713-512, and Special
Local Need (SLN) WA000019, respectively. In addition, this notice
announces receipt by EPA of requests from registrants Cheminova A/S
(Company 4787), Cheminova, Inc. (Company 67760), and
Cerexagri, Inc. (Company 4581) to amend to terminate uses from
Cheminova Declare (EPA Reg. No. 4787-48), Cheminova Methyl Parathion
4EC (EPA Reg. No. 67760-43), and Penncap-M (EPA Reg. No. 4581-393)
methyl parathion product registrations. Methyl parathion is an
insecticide/miticide for use on various terrestrial food and feed crops
to control many types of pests, including mites, thrips, weevils,
aphids, and leafhoppers. In letters dated August 30, 2007 (Helena
Chemical Company), June 12, 2006 (Drexel Chemical Company), and October
14, 2005 (Cheminova A/S) each registrant requested EPA to cancel
affected product registrations. Also, in letters dated May 3, 2007
(Cerexagri, Inc.) and June 5, 2007 (Cheminova A/S and Cheminova, Inc.)
registrants requested EPA to amend to terminate uses of pesticide
product registrations identified in this notice (Tables 1 and 2).
Specifically, Helena Chemical Company, Drexel Chemical Company, and
Cheminova A/S have agreed to voluntarily cancel all methyl parathion
product registrations which include: 4lb Methyl Parathion (EPA Reg. No.
5905-533), Malathion-Methyl Parathion Emulsifiable Liquid (EPA Reg. No.
5905-534), Drexel Methyl Parathion 4 (EPA Reg. No. 19713-511), Drexel
Methyl Parathion 4E (EPA Reg. No. 19713-512), Cheminova Declare (EPA
Reg. No. 4787-48), and SLN WA-0000194 (Parent EPA No. 4787-
48).
In addition, Cerexagri, Inc., Cheminova A/S, and Cheminova, Inc.
have requested voluntary cancellation of the following uses from their
methyl parathion end product registrations: Cabbage, dried beans, dried
peas, hops, lentils, pecans, and sugar beets. The registrants' requests
will not terminate the last methyl parathion products registered in the
United States; however, it does terminate pesticide products registered
in the United States for these uses.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to cancel and/or amend to terminate uses of methyl parathion product
registrations. The affected products and the registrants making the
requests are identified in Tables 1-3 of this unit.
Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. 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. EPA will provide a 30-day comment period on the
proposed requests.
Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling and amending 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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5905-533 4 lb Methyl Helena Chemical
Parathion Company
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5905-534 Malathion-Methyl Helena Chemical
Parathion Company
Emulsifiable
Liquid
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[[Page 62852]]
19713-511 Methyl Parathion 4 Drexel Chemical
Company
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19713-512 Drexel Methyl Drexel Chemical
Parathion 4E Company
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SLN WA000019 4787-48 (Declare) Cheminova A/S
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Table 2.--Methyl Parathion Product Registrations with Pending Requests
for Amendment to Delete Uses
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Registration No. Product name Company
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4787-48 Declare Cheminova A/S
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67760-43 Methyl Parathion Cheminova, Inc.
4EC
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4581-393 Penncap-M Cerexagri, Inc.
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Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit.
Table 3.--Registrants Requesting Voluntary Cancellation and/or
Amendments
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EPA Company No. Company name and address
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4581 Cerexagri, Inc.
630 Freedom Business Center
Suite 402
King of Prussia, PA 19406
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4787 Cheminova A/S
Washington Office
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
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5905 Helena Chemical Company
225 Schilling Boulevard
Suite 300
Collierville, TN 38017
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67760 Cheminova, Inc.
Washington Office
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
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19713 Drexel Chemical Company
1700 Channel Avenue
P.O. Box 13327
Memphis, TN 38113-0327
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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. Thereafter,
following the public comment period, the Administrator may approve such
a request.
V. Procedures for Withdrawal of Request and Considerations for
Reregistration of Methyl Parathion
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before December 7, 2007. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. 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
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.
If the request for voluntary cancellation and/or use termination is
granted as discussed above, the Agency intends to issue a cancellation
order that will allow persons other than the registrant to continue to
sell and/or use existing stocks of cancelled products until such stocks
are exhausted, provided that such use is consistent with the terms of
the previously approved labeling on, or that accompanied, the cancelled
product. The order will specifically prohibit any use of existing
stocks that is not consistent with such previously approved labeling.
If, as the Agency currently intends, the final cancellation order
contains the existing stocks provision just described, the order will
be sent only to the affected registrants of the cancelled products. If
the Agency determines that the final cancellation order should contain
existing stocks provisions different than the ones just described, the
Agency will publish the cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 31, 2007.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E7-21787 Filed 11-6-07; 8:45 am]
BILLING CODE 6560-507-S