17712 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 

There is an increase in both 

Respondent and Agency costs resulting 

from labor rate increases from 2003 to 

2009. This ICR uses 2009 labor rates 

because burden and cost calculations in 

Tables 1 and 2 of this ICR were 

expanded to include managerial and 

clerical labor rates, and the previous ICR 

only provided a technical labor rate for 

2003. This ICR is therefore updated to 

present the most recent available labor 

rates for each of the three labor 

categories. 

Dated: April 1, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–7877 Filed 4–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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

EPA Registration No. Product Name Active Ingredient Delete from Label 

100–1061 Reglone Desiccant Herbicide Diquat dibromide Sorghum (seed crop only) Soybean (seed 

crop only) 

4787–46 Atrapa® 8E Malathion Animal premise and barns used for dairy and 

livestock 

67760–40 Fyfanon® 57% EC Malathion Animal premise and barns used for dairy and 

livestock 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 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

EPA Company 

Number 

Company Name and Address 

100 Syngenta Crop Protection, Inc. 

P.O. Box 18300 

Greensboro, NC 27419– 

8300 

4787 Cheminova, A/S 

P.O. Box 110566 

One Park Drive, Suite 

150 

Research Triangle Park, 

NC 27709 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0178; FRL–8818–3] 

Spirotetramat; Receipt of Applications 

for Emergency Exemptions; 

Solicitation of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received specific 

exemption requests from the States of 

Ohio, New Mexico, and Wisconsin to 

use the pesticide spirotetramat (CAS No. 

203313-25-1) to treat onion, dry bulb to 

control thrips. The applicants are 

proposing the use of a chemical whose 

registration was recently vacated. EPA is 

soliciting public comment before 

making the decision whether or not to 

grant the exemptions. 

DATES: Comments must be received on 

or before April 22, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0178 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 

Facility’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 

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