30084 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 347– 

8028; fax number: (703) 308–7070; email 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, farm 

worker 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? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2004–0348. 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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Background 

A. What Action is the Agency Taking? 

Section 4 of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

directs EPA to reevaluate existing 

pesticides to ensure that they meet 

current scientific and regulatory 

standards. In 2006, EPA issued a RED 

for malathion under section 4(g)(2)(A) of 

FIFRA. In response to a notice of 

availability published in the Federal 

Register of November 29, 2006 (71 FR 

69114) (FRL–8104–2), the Agency 

received substantive public comments 

and new data from the technical 

registrant. The Agency’s response to 

comments is available for viewing in the 

public docket. The revised malathion 

RED reflects changes resulting from 

Agency consideration of these 

comments and the new data received on 

provisions of the RED, as well as efforts 

by the Agency to appropriately mitigate 

overall risk. The revised RED for 

malathion concludes EPA’s 

reregistration eligibility decisionmaking process for this pesticide. 

In response to a Data Call-In issued in 

October 2004, the Agency received a 

special acute and repeat dose 

comparative cholinesterase (ChE) assay 

with malaoxon (the active ChE 

inhibiting metabolite of malathion) and 

malathion in March 2008. The study 

and post-RED comments have enabled 

the Agency to refine several 

toxicological assumptions for 

malathion. If these refined values were 

to be incorporated into the human 

health risk assessments for malathion, 

the estimate of risk from exposure to 

malathion would likely be reduced. 

Although the human health risk 

assessments have not been revised to 

include the new toxicity assumptions, 

the refinements from those used in the 

RED, which were sufficient to 

demonstrate a level of risk below the 

Agency’s level of concern, confirm that 

conclusions in the human health risk 

assessments were adequately 

conservative to protect human health. 

The revised malathion RED includes 

a revised label table that modifies label 

language for consumer products, ultra 

low volume applications, and the use 

patterns for a number of specific crops. 

Additional revisions include: Updates 

on the status of two endangered species 

assessments that include malathion; 

clarification of how the Boll Weevil 

Eradication Program was considered in 

the Agency’s residential risk 

assessments; descriptions of recent 

studies examining isomalathion (an 

impurity present in malathion). A 

comparison of reassessed U.S. 

tolerances (listed in 40 CFR 180.111) 

relative to Canada, Mexico, and Codex 

maximum residue limits has also been 

added. Additionally, the Agency has 

revised the confirmatory data 

requirements for malathion, removing 

the requirement for an aerobic aquatic 

metabolism study with malathion and a 

comparative Che study with malathion 

and malaoxon. 

After considering public comments 

submitted after the 2006 RED was 

issued, for a limited number of crops, 

the Agency has increased the allowed 

number of applications per crop cycle 

from what was proposed for these crops 

in the 2006 RED. In the 3 years since the 

RED was issued, several comments 

raised substantive concerns about 

whether the proposed use patterns 

would allow efficacious control of target 

pests. The Agency investigated these 

claims and found that in some cases, an 

adjustment to the allowed number of 

applications was justified. Although the 

Agency routinely evaluates the needs of 

pesticide users during the development 

of its REDs, new concerns arise during 

public comment periods, particularly 

for pesticides available for as wide a 

variety of applications as malathion. 

Recent endangered species assessments 

conducted both by the Agency and the 

National Marine and Fisheries Service 

which include malathion, are based on 

the highest use rates that appear on 

current, EPA-approved product labels. 

These labels have not yet been revised 

to implement use rate reductions 

specified by the malathion RED. The 

increases to the allowed number of 

applications of malathion to certain 

crops introduced in the revised RED 

remain, without exception, reduced 

from those rates which were utilized in 

recent endangered species assessments. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 4(g)(2) of FIFRA, as amended, 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in 

product-specific data on individual enduse products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’ 

List of Subjects 

Environmental protection, Malathion, 

Pesticides and pests. 

Dated: June 18, 2009. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–14864 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0390; FRL–8422–1] 

Notice of Suspension of Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice, pursuant to 

section 6(f)(2) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30085 

(FIFRA), announces that certain Notices 

of Intent to Suspend issued by EPA 

pursuant to section 3(c)(2)(B) of FIFRA 

have become final and effective 

suspension orders. The Notices of Intent 

to Suspend were issued following the 

Agency’s issuance of a Data Call-In 

notice (DCI), which required the 

registrant, Bonide Products Inc., of the 

affected pesticide products containing 

the pesticide active ingredients carbaryl 

and sodium acifluorfen to take 

appropriate steps to secure certain data, 

and following the registrant’s failure to 

submit these data or to take other 

appropriate steps to secure the required 

data. The subject data were determined 

to be required to maintain in effect the 

existing registrations of the affected 

products. Failure to comply with the 

data requirements of a DCI is a basis for 

suspension of the affected registrations 

under section 3(c)(2)(B) of FIFRA. 

DATES: Each Notice of Intent to Suspend 

included in this Federal Register notice 

became a final and effective suspension 

order automatically by operation of law 

30 days after the date of the registrant’s 

receipt of the mailed Notice of Intent to 

Suspend. 

FOR FURTHER INFORMATION CONTACT: 

Terria Northern, Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–7093; e-mail address: 

northern.terria@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, farm 

worker 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? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0390. 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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Registrant Issued Notices of Intent to 

Suspend, Active Ingredients, Products 

Affected, and Date Issued 

Each Notice of Intent to Suspend was 

sent via the U.S. Postal Service (USPS) 

return receipt requested to the registrant 

for the products listed in Table 1 of this 

unit. 

TABLE 1. —LIST OF PRODUCTS

Registrant Affected Active Ingredient EPA Registration 

Number Product Name 

Date EPA Issued Notice of Intent to Suspend Date Registrant Received Notice of Intent to Suspend 

Bonide Products, Inc. Carbaryl 4–142 Grubtox Lawn and Insect Control February 5, 2009 February 9, 2009 

Bonide Products, Inc. Carbaryl 4–143 Bonide Sevin 5% 

Dust Insecticide 

February 5, 2009 February 9, 2009 

Bonide Products, Inc. Carbaryl 4–333 Bonide Slug, Snail 

and Sowbug Bait 

February 5, 2009 February 9, 2009 

Bonide Products, Inc. Carbaryl 4–413 Bonide Sevin Garden 

Dust 

February 5, 2009 February 9, 2009 

Bonide Products, Inc. Sodium acifluorfen 4–433 KleenUp Grass & 

Weed Killer Ready 

to Use 

April 7, 2009 April 13, 2009 

III. Basis for Issuance of Notice of 

Intent to Suspend; Requirement List 

Bonide Products, Inc. received the 

carbaryl Notice of Intent to Suspend on 

February 9, 2009, and the sodium 

acrifluorfen Notice of Intent to Suspend 

on April 13, 2009, as evidenced by the 

USPS return receipt cards. No requests 

for hearings were received concerning 

either Notice of Intent to Suspend 

within the time frame specified by 

FIFRA and in each of the issued Notice 

of Intent to Suspend. Bonide Products, 

Inc. failed to submit the required data or 

information or to take other appropriate 

steps to secure the required data for 

their pesticide product as listed in Table 

2 of this unit. 

30086 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

TABLE 2.—LIST OF REQUIREMENTS

EPA Registration 

Number 

OPPTS Harmonized Guideline 

# as Listed in 

Applicable DCI 

Requirement 

Name 

Date EPA Issued 

DCI 

Date Registrant 

Received DCI 

Final Data Due 

Date 

Reason for Notice of Intent to 

Suspend 

4-142 830.6317 

830.6320 

Storage Stability 

Corrosion Characteristics 

March 10, 2005 April 1, 2005 April 16, 2008 No data received 

4-143 830.6317 

830.6320 

Storage Stability 

Corrosion Characteristics 

March 10, 2005 April 1, 2005 April 16, 2008 No data received 

4-333 830.6317 

830.6320 

Storage Stability 

Corrosion Characteristics 

March 10, 2005 April 1, 2005 April 16, 2008 No data received 

4-413 830.6317 

830.6320 

Storage Stability 

Corrosion Characteristics 

March 10, 2005 April 1, 2005 April 16, 2008 No data received 

4-433 830.1800 

830.6317 

830.6320 

Enforcement Analytical Method 

Storage Stability 

Corrosion Characteristics 

January 25, 2005 January 30, 2005 September 25, 

2005 

No data received 

IV. Status of Products 

Effective March 7, 2009 (for EPA 

registration numbers 4–142, 4–143, 4– 

333, and 4–413), and May 7, 2009 (for 

EPA registration number 4–433), the 

registrant subject to this notice, 

including all supplemental registrants of 

products listed in Table 1 of Unit II., 

may not legally distribute, sell, use, 

offer for sale, hold for sale, ship, deliver 

for shipment, or receive and (having so 

received) deliver or offer to deliver, to 

any person, the products listed in Table 

1 of Unit II. Persons other than the 

registrant subject to this notice, as 

defined in the preceding sentence, may 

continue to distribute, sell, use, offer for 

sale, hold for sale, ship, deliver for 

shipment, or receive and (having so 

received) deliver or offer to deliver, to 

any person, the products listed in Table 

1 of Unit II. Nothing in this notice 

authorizes any person to distribute, sell, 

use, offer for sale, hold for sale, ship, 

deliver for shipment, or receive and 

(having so received) deliver or offer to 

deliver, to any person, the products 

listed in Table 1 of Unit II. in any 

manner which would have been 

unlawful prior to the suspension. 

If the registrations for the products 

listed in Table 1 of Unit II. are currently 

suspended as a result of failure to 

comply with another FIFRA section 

3(c)(2)(B) Data Call-In notice or section 

4 Data Requirements notice, this notice 

will be in addition to any existing 

suspension, i.e., all requirements which 

are the bases of the suspension must be 

satisfied before the registration will be 

reinstated. 

It is the responsibility of the basic 

registrant to notify all supplementary 

registered distributors of a basic 

registered product that this suspension 

action also applies to their 

supplementary registered products. The 

basic registrant may be held liable for 

violations committed by their 

distributors. 

Any questions about the requirements 

and procedures set forth in this notice 

or in the subject FIFRA section 

3(c)(2)(B) Data Call-In notice, should be 

addressed to the person listed under FOR

FURTHER INFORMATION CONTACT. 

VI. What is the Agency’s Authority for 

Taking this Action? 

The Agency’s authority for taking this 

action is contained in sections 3(c)(2)(B) 

and 6(f)(2) of FIFRA, 7 U.S.C. 136 ≤et 

seq. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: June 17, 2009. 

Richard P. Keigwin, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E9–14854 Filed 6–23–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0143; FRL–8421–4] 

Industrial Economics, Incorporated; 

Transfer of Data 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces that 

pesticide related information submitted 

to EPA’s Office of Pesticide Programs 

(OPP) pursuant to the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) and the Federal Food, Drug, 

and Cosmetic Act (FFDCA), including 

information that may have been claimed 

as Confidential Business Information 

(CBI) by the submitter, will be 

transferred to Industrial Economics, 

Incorporated in accordance with 40 CFR 

2.307(h)(3) and 2.308(i)(2). Industrial 

Economics, Incorporated has been 

awarded multiple contracts to perform 

work for OPP, and access to this 

information will enable Industrial 

Economics, Incorporated to fulfill the 

obligations of the contract. 

DATES: Industrial Economics, 

Incorporated will be given access to this 

information on or before June 29, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Felicia Croom, Information Technology 

and Resources Management Division 

(7502P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: