[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17712-17713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7505]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0979; FRL-8820-1]


Malathion and Diquat Dibromide; Cancellation Order for Amendments 
to Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendments to 
terminate uses, voluntarily requested by the registrants and accepted 
by the Agency, of uses of the products listed in Table 1, pursuant to 
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), as amended. This cancellation order follows a February 10, 
2010 Federal Register Notice of Receipt of Requests from the 
registrants listed in Table 2 to voluntarily amend to terminate certain 
uses of these product registrations. These are not the last products 
containing these pesticides registered for use in the United States. In 
the February 10, 2010 Notice, EPA indicated that it would issue an 
order implementing the amendments to terminate uses, unless the Agency 
received substantive comments within the 30-day comment period that 
would merit its further review of these requests, or unless the 
registrants withdrew their requests within this period. The Agency 
received one comment on the notice, but this comment did not merit the 
Agency's further review of the requests. Further, the registrants did 
not withdraw their requests. Accordingly, EPA hereby issues in this 
notice a cancellation order granting the requested amendments to 
terminate uses. Any distribution, sale, or use of the products subject 
to this cancellation order is permitted only in accordance with the 
terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective April 7, 2010.

FOR FURTHER INFORMATION CONTACT: Eric Miederhoff, Pesticide Re-
evaluation Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8028; fax number: (703) 308-7070; e-
mail address: miederhoff.eric@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-2009-0979. 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?

    This notice announces the amendments to terminate uses, as 
requested by registrants, for products registered under section 3 of 
FIFRA. These registrations are listed in sequence by registration 
number in Table 1 of this unit.

                                    Table 1.-- Amended Product Registrations
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         EPA Registration No.                Product Name          Active Ingredient        Delete from Label
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100-1061                               Reglone Desiccant        Diquat dibromide         Sorghum (seed crop
                                        Herbicide                                         only) Soybean (seed
                                                                                          crop only)
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4787-46                                Atrapa[reg] 8E           Malathion                Animal premise and
                                                                                          barns used for dairy
                                                                                          and livestock
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67760-40                               Fyfanon[reg] 57% EC      Malathion                Animal premise and
                                                                                          barns used for dairy
                                                                                          and livestock
----------------------------------------------------------------------------------------------------------------


[[Page 17713]]

    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.

                Table 2.--Registrants of Amended Products
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            EPA Company Number                Company Name and Address
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100                                         Syngenta Crop Protection,
                                             Inc.
                                            P.O. Box 18300
                                            Greensboro, NC 27419-8300
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4787                                        Cheminova, A/S
                                            P.O. Box 110566
                                            One Park Drive, Suite 150
                                            Research Triangle Park, NC
                                             27709
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67760                                       Cheminova, Inc.
                                            Washington Office
                                            1600 Wilson Boulevard Suite
                                             700
                                            Arlington, VA 22209
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received one comment 
in response to the February 10, 2010 Federal Register notice announcing 
the Agency's receipt of the requests for voluntary amendments to 
terminate uses of products listed in Table 1 of Unit II.
    The commenter, Stephen A. McFadden, stated that organophosphate 
insecticides (OP) as a class are too neurotoxic to be used safely in 
high human exposure applications, such as indoor uses, urban aerial 
spray programs, and uses that result in high residual levels in foods. 
McFadden suggested that high levels of exposure to cholinesterase 
inhibitors such as OP insecticides - may cause a state of permanent 
hypersensitivity to cholinesterase inhibitors. Nonetheless, the 
commenter supported the Agency's implementation of the voluntary use 
termination requests for malathion, an organophosphate insecticide.
    The amendments to terminate uses that McFadden commented on were 
not risk-based actions resulting from an Agency risk assessment, but 
were voluntarily requested by the registrant. However, McFadden's 
comment suggests that organophosphate insecticides such as malathion 
are too toxic for uses other than those included in this cancellation 
action. Malathion is currently undergoing Registration Review. During 
this process, the Agency intends to review and revise its existing risk 
assessments for malathion. The Agency will consider McFadden's comment 
as the human health risk assessment for malathion is revised.
     For these reasons, the Agency does not believe that the comment 
submitted during the comment period merit further review or a denial of 
the requests for voluntary use termination.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of malathion and diquat dibromide 
registrations identified in Table 1 of Unit II. Accordingly, the Agency 
orders that the product registrations identified in Table 1 of Unit II. 
are hereby amended to terminate the affected uses. 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 VI. will be considered 
a violation of FIFRA.

V. 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.

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. The effective date of the amendments to terminate 
uses is April 7, 2010. The cancellation order that is the subject of 
this notice includes the following existing stock provisions:
    The registrant may sell and distribute existing stocks of products 
listed in Table 1 of Unit II. under the previously approved labeling 
which includes the deleted uses until April 7, 2011. Persons other than 
the registrant may sell and distribute existing stocks of products 
listed in Table 1 of Unit II. whose labels include the deleted uses 
until exhausted. Use of the products whose labels include the deleted 
uses listed in Table 1 of Unit II. may continue until existing stocks 
are exhausted, provided that such use is consistent with the terms of 
the previously approved labeling on, or that accompanied, the products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 26, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide 
Programs.

[FR Doc. 2010-7505 Filed 4-6-10; 8:45 am]
BILLING CODE 6560-50-S