[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and are not rescinded or otherwise affected by this action.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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