[Federal Register Volume 76, Number 132 (Monday, July 11, 2011)]
[Notices]
[Pages 40727-40728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17354]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0332; FRL-8879-6]


Methyl Parathion; Rescission of Previously Issued Cancellation 
Orders and Issuance of Revised Cancellation Orders for Certain 
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's rescission of two previously 
issued cancellation orders, and the issuance of a revised cancellation 
order, pursuant to a voluntary request by the registrant 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. Specifically, this notice rescinds two 
previously issued Cancellation Orders, a February 25, 2011 Federal 
Register Notice and a March 23, 2011 Federal Register Notice to the 
extent they are applicable to methyl parathion products because the 
orders did not correctly reflect the terms and conditions of the 
registrant's 6(f)(1) voluntary cancellation request with respect to the 
effective date as well as conditions governing the disposition of 
existing stocks for the affected methyl parathion products. This 
revised order correctly identifies the effective date of cancellation 
for the affected product registrations as well as the corrected dates 
associated with the disposition of existing stocks. These are the last 
products containing methyl parathion registered for use in the United 
States. The rescission and revised order only applies to methyl 
parathion registrations. All other product registrations for all other 
chemicals that were included in the above mentioned cancellation orders 
and are not rescinded or otherwise affected by this action.

DATES: The methyl parathion 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?

    EPA is rescinding two previously issued Cancellation Orders, a 
February 25, 2011 Federal Register Notice (76 FR 10587) (FRL-8663-4) 
and a March 23, 2011 Federal Register Notice (76 FR 16419) (FRL-8667-8) 
to the extent they are applicable to methyl parathion products because 
the orders did not correctly reflect the terms and conditions of the 
registrant's 6(f)(1)

[[Page 40728]]

voluntary cancellation request with respect to the effective date as 
well as conditions governing the disposition of existing stocks for the 
affected methyl parathion products. EPA is also hereby issuing a 
corrected order identifying the correct effective date of cancellation 
for the affected product registrations as well as the corrected dates 
associated with the disposition of existing stocks.
    The cancellation orders for methyl parathion products, issued in 
the Federal Register on February 25, 2011 and March 23, 2011 are 
rescinded. The rescission only applies to methyl parathion 
registrations. The above mentioned cancellation orders remain in full 
force and effect with respect to all other product registrations and 
chemicals contained in those cancellation orders. This notice also 
announces the issuance of a cancellation order, as requested by a 
registrant, of methyl parathion products registered under section 24(c) 
Special Local Needs (SLN). The affected 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 No.                                         Product name
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AL000001...............................  PENNCAP-M Microencapsulated Insecticide.
AR000006...............................  PENNCAP-M Microencapsulated Insecticide.
CA000001...............................  PENNCAP-M Microencapsulated Insecticide.
LA040013...............................  PENNCAP-M Microencapsulated Insecticide.
LA090005...............................  PENNCAP-M Microencapsulated Insecticide.
MS000009...............................  PENNCAP-M Microencapsulated Insecticide.
TX990012...............................  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--Registrant of Cancelled Products
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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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III. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the 
cancellations of methyl parathion registrations identified in Table 1 
of Unit II, as originally requested by the registrant. Accordingly, the 
Agency hereby orders that the product registrations identified in Table 
1 of Unit II are canceled. The effective date of the methyl parathion 
cancellations that are subject of this cancellation order 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 V will be a violation of FIFRA.

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 EPA Administrator may approve 
such a request. The notices of receipts for this action were published 
for comment on September 22, 2010 (75 FR 57787) (FRL-8846-2) and 
January 26, 2011 (76 FR 4692) (FRL-8856-9). The comment periods closed 
on October 22, 2010 and February 25, 2011, respectively. No comments 
were received from either notice. However, EPA mistakenly issued a 
cancellation order with respect to the product listed in Table 1 that 
was inconsistent with the terms and conditions of the registrant's 
request. EPA is therefore rescinding its earlier cancellation order 
with respect to these methyl parathion products and issuing a corrected 
cancellation order.

V. 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 as follows.
    Registrants are prohibited from selling and distributing end-use 
products as of December 31, 2012. Persons other than the registrants 
are prohibited from selling or distributing end-use products as of 
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: June 30, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.
[FR Doc. 2011-17354 Filed 7-8-11; 8:45 am]
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