[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Pages 21964-21967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10436]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-34171B; FRL-6770-9]


Ethyl Parathion; Receipt of Request For Registration 
Cancellations and Amendments

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 request by a number of registrants, including 
Cheminova, Inc. and Cheminova A/S, for the following actions: to 
immediately cancel the registrations for their manufacturing use 
products containing O, O-Diethyl-O-p-nitrophenyl thiophosphate (ethyl 
parathion), to immediately cancel the use on corn grown for seed by 
amending their ethyl parathion end-use product registrations; and to 
cancel all of their ethyl parathion end-use products effective as of 
December 31, 2002. EPA will decide whether to approve the requests 
after consideration of public comment.

DATE: Comments on the requested cancellation of product and use 
registrations must be submitted to the address provided below by June 
1, 2001.

[[Page 21965]]


FOR FURTHER INFORMATION CONTACT: Laura Parsons, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-5776; fax number: 
(703) 308-7042; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to persons who produce or use 
pesticides, 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 information in this notice, consult the person listed 
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules'' and then look up the 
entry for this document under the Federal Register--Environmental 
Documents. You can also go directly to the Federal Register listings at 
http://www.epa.gov/fedrgstr/. To access information about the risk 
assessment for ethyl parathion, go to the Home Page for the Office of 
Pesticide Programs or go directly http://www.epa.gov/pesticides/op/ethylparathion.htm.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-34171B. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

 C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-34171B in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-34171B. Electronic comments may 
also be filed online at many Federal Depository Libraries.

 D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any 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 version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

 E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Registrants Request to Cancel Product and Use Registrations

 A. Background Information

    Ethyl parathion is an organophosphate insecticide/miticide 
currently registered for use on alfalfa, barley, corn, cotton, canola, 
sorghum, soybean, sunflower, and wheat crops. In 1991, EPA and the 
registrants reached an agreement that limited ethyl parathion use to 
these nine current crop sites, and restricted application and post-
application practices to mitigate extreme acute toxicity risks to 
workers. As a result, to protect workers, ethyl parathion may only be 
handled by trained, certified applicators using closed mixing and 
loading systems, may only be applied aerially, and crops treated with 
the pesticide may only be harvested mechanically.
    Even with the post 1991 use restrictions, EPA's revised risk 
assessment completed in September, 1999 showed high levels of worker 
and ecological risk from legal uses of ethyl

[[Page 21966]]

parathion. There were also several unfulfilled data requirements. After 
viewing the revised risk assessment and outstanding data requirements, 
Cheminova, Inc. and Cheminova, A/S and EPA signed a memorandum of 
agreement (MOA) effective October 10, 2000. In accordance with this 
MOA, Cheminova, Inc. and Cheminova, A/S have requested to amend their 
end-use products registrations to immediately terminate the use on corn 
grown for seed which can result in higher exposures to workers and have 
requested voluntary cancellation of all their ethyl parathion 
registrations. Some other companies holding registrations for ethyl 
parathion products have also written letters to the EPA requesting 
voluntary cancellation of all their ethyl parathion products.

B. Requests for Voluntary Cancellation

    Registrants have requested voluntary cancellation of all their 
ethyl parathion registrations either by signing a MOA or by letter to 
the Agency. 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. In addition, section 6(f)(1)(C) of FIFRA 
requires that EPA provide a 180-day comment period on a request for 
voluntary 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 registrant has requested that EPA waive the 180-day comment period. 
EPA is granting the registrants' request to waive the 180-day comment 
period and is providing a 30-day public comment period before taking 
action on the requested cancellations. Given the potential worker and 
ecological risk that ethyl parathion use poses, EPA anticipates 
granting the requested cancellations at the close of the comment period 
for this announcement. The specific cancellation requests are set forth 
below.
    1. Requests for termination of use on corn grown for seed. In 
accordance with the MOA, Cheminova, Inc. has requested that its end-use 
products registrations be amended to immediately terminate the use of 
corn grown for seed. EPA anticipates granting the requested termination 
shortly after the end of the 30 day comment period for this notice. 
This use termination was requested for the end-use products identified 
in the following Table 1.

  Table 1.--End Use Product Registration Deleting Use on Corn Grown for
                                  Seed
------------------------------------------------------------------------
             Company                   Reg. No.             Product
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Cheminova, Inc.                   67760-37            Parathion 4EC
                                  67760-38            Parathion 8EC
                                  67760-39            Ethyl-Methyl
                                                       Parathion 6-3 EC
------------------------------------------------------------------------

    2. Requests for voluntary cancellation of manufacturing use product 
registrations. Pursuant to the Agreement and FIFRA section 6(f)(1)(A), 
Cheminova, A/S, the only registrant with a manufacturing use product 
registration, has submitted a request for voluntary cancellation of 
registrations for all ethyl parathion manufacturing-use products. EPA 
anticipates granting the cancellation request shortly after the end of 
the 30 day comment period for this notice. The registrations for which 
cancellations were requested are identified in the following Table 2.

 Table 2.--Manufacturing Use-Product Registration Cancellation Requests
------------------------------------------------------------------------
             Company                   Reg. No.             Product
------------------------------------------------------------------------
Cheminova, A/S                    4787-17             Parathion
                                                       Technical
------------------------------------------------------------------------

    3. Requests for voluntary cancellation of end-use product 
registrations. Several registrants have submitted requests for 
immediate voluntary cancellation of their registrations for end-use 
pesticide products containing ethyl parathion. The registrants who 
signed the MOA requested for cancellation of their ethyl parathion end-
use product registrations effective as of December 31, 2002. EPA 
expects that end-use product registrations canceled by letter of 
voluntary cancellation are to be canceled shortly after the end of the 
30-day comment period for this notice. The end-use registrations for 
which cancellation was requested by MOA or letter are identified in the 
following Table 3.

      Table 3.--End-Use Product Registration Cancellation Requests
------------------------------------------------------------------------
             Company                   Reg. No.             Product
------------------------------------------------------------------------
Cheminova, Inc.                   67760-37            Parathion 4EC
                                  67760-38            Parathion 8EC
                                  67760-39            Ethyl-Methyl
                                                       Parathion 6-3 EC
Universal Cooperatives, Inc.      1386-646            Red Panther
                                                       Parathion 8
Wilbur Ellis, Co.                 2935-481            Parathion 4 Spray
                                  2935-483            Parathion 8 Aqua
Amvac, Chemical Co.               5481-435            Parathion 8
                                  5481-436            Parathion 4E
Helena Chemical                   5905-513            Parathion 4E
                                                       Emulsifiable
                                                       Insecticide
                                                       Concentrate
                                  5905-514            Parathion 8E
                                                       Emulsifiable
                                                       Insecticide
                                                       Concentrate
                                  5905-515            Parathion --
                                                       Methyl Parathion
                                                       6-3 Insecticide
                                                       Concentrate
                                  5905-516            Helena Parathion 8
                                                       Flowable
                                                       Insecticide
                                                       Concentrate
Agriliance, LLC                   9779-322            Parathion 8
Micro-Flo, Co.                    51036-180           Micro Flo Co./
                                                       Parathion 8E
------------------------------------------------------------------------

III. Potential Actions Relative to Remaining End-Use Products 
Registrations

    EPA is contemplating various enforcement and regulatory actions 
with respect to the remaining end-use product registrations after EPA 
grants the voluntary cancellation requests set forth in Unit II. of 
this Notice. These remaining registrations cite the manufacturing use 
product listed in Table 2 as the source of active ingredient in these 
products. Because EPA intends to limit the sale, distribution and use 
of the existing stocks of this source in the order canceling its 
registration, production of these remaining end-use products may be 
illegal under the cancellation order or the current registrations for 
these end-use products. Accordingly, EPA may initiate appropriate 
enforcement actions to ensure that the remaining end-use products are 
not being produced illegally after the source is canceled. As shown in 
the Agency's revised risk assessment dated September 1999, EPA is 
concerned with the risks associated with the use of pesticide products 
containing ethyl

[[Page 21967]]

parathion. Because of these concerns, EPA is contemplating initiating a 
proceeding to cancel these remaining registrations. The remaining end-
use product registrations that may be subject to enforcement and 
regulatory actions discussed in this Unit are identified in the 
following Table 4.

     Table 4.--End-Use Product Registrations Potentially Subject to
                        Involuntary Cancellation
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             Company                   Reg. No.             Product
------------------------------------------------------------------------
Drexel Chemical Co.               19713-322           Seis-Tres 6-3
                                  19713-323           Drexel Parathion 8
                                  19713-324           Ida Seis-Tres 6-3
                                  19713-325           Drexel Parathion
                                                       4EC
------------------------------------------------------------------------

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 pesticide uses. FIFRA 
section 6(f)(1) further provides that, before acting on the request, 
EPA must publish a notice of receipt of any such request in the Federal 
Register, make reasonable efforts to inform persons who rely on the 
pesticide for minor agricultural uses, and provide a 30-day period in 
which the public may comment. Thereafter, the Administrator may approve 
such a request.

 V. Procedures for Withdrawal of Request

    Registrants may withdraw a request for cancellation only in 
conformance with the memoranda of agreement. Registrants must submit 
such withdrawal in writing to the person listed under FOR FURTHER 
INFORMATION CONTACT. 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 product(s) have been subject to a 
previous cancellation action, the effective date of cancellation and 
all other provisions of any earlier cancellation action are 
controlling. The withdrawal request must also include a commitment to 
pay any reregistration fees due, and to fulfill any applicable 
unsatisfied data requirements.

VI. Proposed Existing Stocks Provision

    Pursuant to section 6(f) of FIFRA, EPA intends to grant the 
requests for voluntary amendment and cancellation identified in Unit 
II. For purposes of the cancellation order that the Agency proposes to 
issue at the close of the comment period for this announcement, the 
term ``existing stocks'' will be defined, pursuant to EPA's existing 
stocks policy published in the Federal Register on June 26, 1991 at 56 
FR 29362, as those stocks of a registered pesticide product which are 
currently in the United States and which have been packaged, labeled, 
and released for shipment prior to the effective date of the amendment 
or cancellation. Any distribution, sale, or use of existing stocks 
after the effective date of the cancellation order that the Agency 
intends to issue that is not consistent with the terms of that order 
will be considered a violation of section 12(a)(2)(K) and/or 
12(a)(1)(A) of FIFRA.

A. Distribution, Sale and Use of End-Use Products Bearing Old Labeling 
Permitting Use on Corn Grown for Seed

    In any cancellation order issued in response to registrants' 
request for registration amendment to terminate the use on corn grown 
for seed, EPA does not intend to prohibit the sale, distribution and 
use of the existing stocks of these products. Based on the 
registrants's assurance, EPA anticipates that most of these products 
will be relabeled to eliminate the canceled use.

 B. Distribution, Sale and Use of Manufacturing-Use Products

    EPA anticipates that any cancellation order issued in response to 
the registrants' request for voluntary cancellation of manufacturing-
use product registrations would:
    (1) Prohibit, as of the effective date of the cancellation order, 
all sale, distribution and use of existing stocks of manufacturing use 
products imported into the United States after July 7, 2000;
    (2) Prohibit, as of the effective date of the cancellation order, 
all sale and distribution of ethyl parathion manufacturing use products 
imported into the United States prior to July 7, 2000 to pesticide 
registrants who have not executed the MOA or an agreement equivalent to 
the MOA, and prohibit use by such registrants, unless the sale, 
distribution or use is for the purpose of manufacturing a product 
intended solely for export consistent with the requirements of FIFRA 
Section 17; and
    (3) Prohibit, as of December 31, 2002, all sale, distribution and 
use of existing stocks of manufacturing-use products imported prior to 
July 7, 2000, unless the sale or distribution is solely for purposes of 
export consistent with the requirements of section 17 of FIFRA, or for 
proper disposal.

C. Distribution, Sale and Use of End-Use Products

    EPA anticipates that any cancellation order issued in response to 
the registrants' request for voluntary cancellation of end-use product 
registrations would:
    (1) Prohibit, as of December 31, 2002, registrants from 
distributing or selling existing stocks of the end-use products;
    (2) Prohibit, as of August 31, 2003, all sale and distribution of 
existing stocks of the end-use products; and
    (3) Prohibit, as of October 31, 2003, all use of existing stocks of 
the end-use products.

VII. Future Tolerance Revocations

    EPA anticipates drafting a future Federal Register notice proposing 
to separate the parathion tolerances for residues found in 40 CFR 
180.121 into 180.121 for ethyl parathion and 180.122 for methyl 
parathion. This future notice will additionally propose revocation of 
tolerances on commodities on which there are no registered uses of 
either ethyl parathion or methyl parathion. With this present notice, 
EPA seeks comment as to whether any individuals or groups want to 
support continuation of these tolerances. For the nine crops on which 
ethyl parathion may be used until October 31, 2003, ethyl parathion 
tolerances will be revoked with an expiration date which will allow 
commodities with residues resulting from lawful applications to clear 
the channels of trade.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: February 22, 2001.
Lois A. Rossi,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. 01-10436 Filed 5-1-00; 8:45 am]
BILLING CODE 6560-50-S