50612 Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 

8, 2008, so that appropriate 

arrangements can be made to facilitate 

their participation. For information 

about services for the disabled or to 

request special assistance at the 

meeting, contact Ms. Pardi as soon as 

possible. All requests should be sent to 

the address, e-mail, or fax number listed 

in the FOR FURTHER INFORMATION

CONTACT section above. 

Dated: August 21, 2008. 

Charles Lee, 

Designated Federal Officer, National 

Environmental Justice Advisory Council. 

[FR Doc. E8–19862 Filed 8–26–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0837;FRL–8377–3] 

Malathion; Order Amending 

Registration to Terminate Certain Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is granting a registrant’s 

voluntary request for amendments to 

terminate certain uses of products 

containing the pesticide malathion, 

pursuant to section 6(f)(1) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). This order follows a March 

18, 1991 Federal Register Notice of 

Receipt of Requests to amend the 

registration of Fyfanon Technical, EPA 

Reg. No. 4787–5, to terminate certain 

uses. The requested amendments would 

not terminate all uses of malathion 

products registered for use in the United 

States. In the March 18, 1991 notice, 

EPA indicated that it intended to 

approve the requested amendments to 

terminate uses. Today’s order does not 

terminate all of the uses identified in 

the March 18, 1991 notice, because 

Cheminova A/S and the Interregional 

Research Project No. 4 (IR–4) adequately 

supported certain uses. Accordingly, 

EPA hereby grants, in part, the 

requested registration amendments and 

orders the termination of the uses 

identified in Unit II. Any distribution, 

sale, or use of Fyfanon Technical, EPA 

Reg. No. 4787–5, is permitted only in 

accordance with the terms of this order, 

including any existing stocks 

provisions. 

DATES: The uses of Fyfanon Technical, 

EPA Reg. No. 4787–5, described in Unit 

II of this cancellation order are 

cancelled effective August 27, 2008. 

FOR FURTHER INFORMATION CONTACT: Eric 

Miederhoff, Special Review and 

Reregistration Division (7508P), 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; 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, 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–2007–0837. 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. What Action is the Agency Taking? 

EPA is ordering the cancellation of 

certain uses of Fyfanon Technical, EPA 

Reg. No. 4787–5, pursuant to the 

registrant’s voluntary request for 

cancellation. The registrant of Fyfanon 

Technical is Cheminova A/S., 1600 

Wilson Blvd., Suite 700 Arlington, VA 

22209. 

Uses of Fyfanon Technical Terminated 

by this Order 

1. Food crops: Almond (preharvest 

and postharvest), lentils, cranberry, 

filbert, cowpea forage and hay, pea vine 

and hay, soybean, safflower, peanuts 

(preharvest and postharvest), beet 

(sugar), sunflower (postharvest), rice 

(postharvest treatment), greenhouse 

food uses, and plum, prune. 

2. Non food uses: Tobacco, forest 

trees. 

3. Other uses: Field and garden seeds; 

grapes (post harvest use on raisin drying 

trays); bagged citrus pulp; cattle feed 

concentrate blocks (non-medicated); 

direct animal and livestock treatments 

including pet and domestic animal uses 

for beef cattle, cats, chickens, dairy 

cattle (lactating and nonlactating), dogs, 

ducks, geese, goats, hogs, horses 

(including ponies), pigeons, sheep and 

turkeys; animal premise uses for dairy 

and livestock barns, stables and pens, 

feed rooms, poultry houses, manure 

piles, kennels, rabbits on wire, beef 

cattle feed lots and holding pens, cat 

and dog sleeping quarters; poultry 

houses, human clothing (woolens and 

other fabrics); mattresses; and 

commercial and industrial uses for 

bagged flour; cereal processing plants, 

dry milk processing plants, eating 

establishments, food processing plants, 

packaged cereals, pet foods and feed 

stuff. 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

On March 18, 1991, EPA published in 

the Federal Register a notice of receipt 

of voluntary requests for termination of 

uses from all registrants of technical 

malathion, specifically American 

Cyanamid Company and Cheminova A/ 

S (56 FR 11420); (FRL–3874–4). 

American Cyanamid Company 

subsequently cancelled all uses of its 

malathion products, and is therefore not 

addressed in this order. 

Following the March 18, 1991 notice, 

Cheminova provided data to support a 

number of the food uses that it had 

previously asked to terminate. These 

uses are wild rice, barley, oat, rye, 

kumquat, lemon, lime, tangerine, 

endive, squash, gooseberries, currant, 

eggplant, garlic, shallot, lespedeza hay, 

vetch hay, and leeks. Additionally, 

stored commodity treatments for barley 

and corn received subsequent support. 

Cheminova has either submitted, or has 

committed to submit, data sufficient to 

support the reregistration of these uses. 

The Interregional Research Project No. 4 

(IR-4) also submitted data sufficient to 

support reregistration of the use of 

malathion on cauliflower, kale, 

dandelion, parsley, boysenberry, 

dewberry, loganberry, kohlrabi, spinach, 

pumpkins, melons, watercress, walnuts, 

pineapple, papaya, passion fruit, 

peaches, apricots, nectarines, 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 167 / Wednesday, August 27, 2008 / Notices 50613 

macadamia, blackberry, raspberries, 

broccoli, Brussels sprouts, cabbage, 

collards, carrots, okra, guava, hops, fig, 

chestnut, chayote, turnip, pea, mustard 

green, beets (garden), horseradish, 

parsnip, rutabaga, radish, salsify, sweet 

potato, mint, and asparagus. Although, 

IR–4 also endeavored to support the use 

of malathion on flax, apples, quince, 

celery, and swiss chard, the data 

submitted did not prove wholly 

adequate to support reregistration of 

these uses. As these uses were 

supported during the development of 

the malathion Reregistration Eligibility 

Decision (RED), EPA will accept the 

submission of data specified in the RED 

as necessary to maintain the registration 

of these uses. 

The malathion uses identified in Unit 

II above remain unsupported. 

Cheminova did not withdraw its 

voluntary request for termination of 

these uses, and no other party has 

committed to produce data sufficient to 

support these uses. Cheminova did not 

commit to support the reregistration of 

these uses and did not submit 

supporting data as required in phases 2 

and 3 of reregistration (FIFRA section 

4(d) and (e)), and so, these uses were not 

fully evaluated in the malathion 

Reregistration Eligibility Decision. 

Accordingly, EPA hereby grants, in part, 

the requested registration amendments 

and orders the termination of the 

malathion uses identified in Unit II 

above. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendments to terminate those uses of 

malathion identified in Unit II above. 

Accordingly, the Agency orders that the 

registration of Fyfanon Technical, EPA 

Reg. No. 4787–5, is hereby amended to 

terminate the uses identified in Unit II 

above. Any distribution, sale, or use of 

existing stocks of Fyfanon Technical, 

EPA Reg. No. 4787–5, in a manner 

inconsistent with any of the Provisions 

for Disposition of Existing Stocks set 

forth in Unit VI below. 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 cancellation order issued in this 

notice includes the following existing 

stocks provisions. 

1. The registrant may continue to sell 

and distribute existing stocks of Fyfanon 

Technical, EPA Reg. No. 4787–5, with 

previously approved labeling that 

includes uses terminated by this 

cancellation order, until February 27, 

2009. 

2. Persons other than the registrant 

may continue to sell and/or distribute 

existing stocks of Fyfanon Technical, 

EPA Reg. No. 4787–5, with previously 

approved labeling that includes the 

terminated uses until such stocks are 

exhausted. 

3. Persons other than the registrant 

may continue to use existing stocks of 

Fyfanon Technical, EPA Reg. No. 4787–

5, with previously approved labeling 

that includes the terminated uses, 

provided that they are not used to 

formulate products labeled for any use 

described in Unit II. of this cancellation 

order, until such stocks are exhausted. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 13, 2008. 

Steven Bradbury, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E8–19762 Filed 8–26–08; 8:45 a.m.] 

Billing Code 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0607; FRL–8378–8] 

Pesticide Products; Registration 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces receipt 

of an application to register a pesticide 

product containing a new active 

ingredient not included in any currently 

registered products pursuant to the 

provisions of section 3(c)(4) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

DATES: Comments must be received on 

or before September 26, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0607, 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 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2008–

0607. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 


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