

[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
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
5905-533                          4 lb Methyl         Helena Chemical
                                   Parathion           Company
------------------------------------------------------------------------
5905-534                          Malathion-Methyl    Helena Chemical
                                   Parathion           Company
                                   Emulsifiable
                                   Liquid
------------------------------------------------------------------------

[[Page 62852]]


19713-511                         Methyl Parathion 4  Drexel Chemical
                                                       Company
------------------------------------------------------------------------
19713-512                         Drexel Methyl       Drexel Chemical
                                   Parathion 4E        Company
------------------------------------------------------------------------
SLN WA000019                      4787-48 (Declare)   Cheminova A/S
------------------------------------------------------------------------


 Table 2.--Methyl Parathion Product Registrations with Pending Requests
                      for Amendment to Delete Uses
------------------------------------------------------------------------
        Registration No.              Product name          Company
------------------------------------------------------------------------
4787-48                           Declare             Cheminova A/S
------------------------------------------------------------------------
67760-43                          Methyl Parathion    Cheminova, Inc.
                                   4EC
------------------------------------------------------------------------
4581-393                          Penncap-M           Cerexagri, Inc.
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
              EPA Company No.                 Company name and address
------------------------------------------------------------------------
4581                                        Cerexagri, Inc.
                                            630 Freedom Business Center
                                            Suite 402
                                            King of Prussia, PA 19406
------------------------------------------------------------------------
4787                                        Cheminova A/S
                                            Washington Office
                                            1600 Wilson Boulevard
                                            Suite 700
                                            Arlington, VA 22209
------------------------------------------------------------------------
5905                                        Helena Chemical Company
                                            225 Schilling Boulevard
                                             Suite 300
                                            Collierville, TN 38017
------------------------------------------------------------------------
67760                                       Cheminova, Inc.
                                            Washington Office
                                            1600 Wilson Boulevard
                                            Suite 700
                                            Arlington, VA 22209
------------------------------------------------------------------------
19713                                       Drexel Chemical Company
                                            1700 Channel Avenue
                                            P.O. Box 13327
                                            Memphis, TN 38113-0327
------------------------------------------------------------------------

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
