[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17712-17713]
From the Federal Register Online via the Government Publishing 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: [email protected].
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
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[[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
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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