58952 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 

CASAC by means of a review of chapter 

8 and the revised appendix B at a public 

teleconference that will be held on 

October 22, 2008. Information on that 

meeting has been announced separately 

in the Federal Register . In preparing a 

final risk and exposure assessment 

report, EPA will consider comments 

received from the CASAC and the 

public at the meeting held on September 

9–10 and at the teleconference to be 

held on October 22 as well as written 

comments received during the public 

comment periods. 

Dated: September 18, 2008. 

Jenny Edmonds, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. E8–23856 Filed 10–7–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0837; FRL–8384–1] 

Malathion; Notice of Receipt of 

Request to Amend to Terminate Uses 

of Certain Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of a request by the 

technical registrant to voluntarily 

amend their registrations to terminate 

uses of certain products containing the 

pesticide malathion. The request would 

terminate malathion use in or on 

commercial storages/warehouses 

premises (excluding stored grain 

facilities such as silos), commercial 

transportation facilities – feed/food – 

empty, commercial transportation 

facilities – nonfeed/nonfood, 

commercial/institutional/industrial 

premises/equipment (indoor), 

commercial/institutional/industrial 

premises/equipment (outdoor), dairies/ 

cheese processing plant equipment 

(food contact), eating establishments, 

food processing plants (excluding stored 

grain facilities such as silos), golf course 

turf, greenhouse – empty, indoor hard 

surfaces, indoor premises, residential 

dust formulations, residential lawns 

(broadcast), residential pressurized can 

formulations, and sewage systems. The 

request would not terminate the last 

malathion products registered for use in 

the United States. EPA intends to grant 

this request at the close of the comment 

period for this announcement unless the 

Agency receives substantive comments 

within the comment period that would 

merit its further review of the request, 

or unless the registrant withdraws their 

request within this period. Upon 

acceptance of this request, any sale, 

distribution, or use of products listed in 

this notice will be permitted only if 

such sale, distribution, or use is 

consistent with the terms as described 

in the final order. 

DATES: Comments must be received on 

or before November 7, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2007–0837, 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–2007– 

0837. 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 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 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 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. 

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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 58953 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, mark the outside of the 

disk or CD-ROM as CBI and then 

identify electronically within the disk or 

CD-ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background on the Receipt of 

Requests to Cancel and/or Amend 

Registrations to Delete Uses 

This notice announces receipt by EPA 

of a request from the registrant, 

Cheminova Inc., to amend to terminate 

uses of two malathion product 

registrations. Malathion is a nonsystemic, broad spectrum 

organophosphate pesticide with 

numerous commercial agricultural and 

residential uses, as well as several wide 

area applications including use as a 

public health adulticide, as an 

abatement treatment for fruit fly, and in 

the Boll Weevil Eradication Program. In 

a letter dated June 24, 2008, Cheminova 

requested EPA to amend to terminate 

uses of pesticide product registrations 

identified in Table 1 of this notice. 

Cheminova Inc., has requested 

termination of several uses of malathion 

because it does not wish to support 

these uses. In granting this request, the 

Agency will neither terminate the last 

malathion products registered in the 

United States, nor terminate the last 

pesticide products registered in the 

United States for these uses. 

III. What Action is the Agency Taking? 

This notice announces receipt by EPA 

of a request from a registrant to amend 

to terminate uses of malathion product 

registrations. The affected products and 

the registrants making the requests are 

identified in Tables 1 and 2 of this unit. 

Under section 6(f)(1)(A) of FIFRA, 

registrants may request, at any time, that 

their pesticide registrations be canceled 

or amended to terminate one or more 

pesticide uses. Section 6(f)(1)(B) of 

FIFRA requires that before acting on a 

request for voluntary cancellation, EPA 

must provide a 30–day public comment 

period on the request for voluntary 

cancellation or use termination. In 

addition, section 6(f)(1)(C) of FIFRA 

requires that EPA provide a 180–day 

comment period on a request for 

voluntary cancellation or termination of 

any minor agricultural use before 

granting the request, unless: 

1. The registrants request a waiver of 

the comment period, or 

2. The Administrator determines that 

continued use of the pesticide would 

pose an unreasonable adverse effect on 

the environment. 

The malathion registrant has 

requested that EPA waive the 180–day 

comment period. EPA will provide a 

30–day comment period on the 

proposed requests. 

Unless a request is withdrawn by the 

registrant within 30 days of publication 

of this notice, or if the Agency 

determines that there are substantive 

comments that warrant further review of 

this request, an order will be issued 

canceling and/or amending the affected 

registrations. 

TABLE 1.—MALATHION PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT

Registration 

Number 

Product 

Name Company 

4787-5 Fyfanon 

Technical 

Cheminova, 

Inc. 

4787-43 Malathion 

Technical 

Cheminova, 

Inc. 

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products listed in Table 1 of this 

unit. 

TABLE 2.—REGISTRANT REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA Company 

Number 

Company Name and 

Address 

4787 Cheminova, Inc. Washington Office 

1600 Wilson Boulevard 

Suite 700 

Arlington, VA 22209 

IV. 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. 

V. Procedures for Withdrawal of 

Request and Considerations for 

Reregistration of Malathion 

Registrants who choose to withdraw a 

request for cancellation must submit 

such withdrawal in writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT, postmarked 

before November 7, 2008. This written 

withdrawal of the request for 

cancellation will apply only to the 

applicable FIFRA section 6(f)(1) request 

listed in this notice. If the products have 

been subject to a previous cancellation 

action, the effective date of cancellation 

and all other provisions of any earlier 

cancellation action are controlling. 

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. 

If the request for voluntary cancellation 

and/or use termination is granted, the 

Agency intends to publish a 

cancellation order in the Federal 

Register which will include the 

following existing stocks provisions. 

1. The registrant may continue to sell 

and/or distribute existing stocks of 

Fyfanon Technical and Malathion 

Technical, EPA Reg. Nos. 4787–5 and 


jlentini on PROD1PC65 with NOTICES
58954 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 

4787–43, with previously approved 

labeling that includes the terminated 

uses until six months from the date of 

publication of the cancellation order in 

the Federal Register. 

2. Persons other than the registrant 

may continue to sell and/or distribute 

existing stocks of Fyfanon Technical 

and Malathion Technical, EPA Reg. Nos. 

4787–5 and 4787–43, with previously 

approved labeling that includes the 

terminated uses until such stocks are 

exhausted. 

3. Persons other than the registrant 

may continue to sell and/or distribute 

existing stocks of Fyfanon Technical 

and Malathion Technical, EPA Reg. Nos. 

4787–5 and 4787–43, with previously 

approved labeling that includes the 

terminated uses, provided that they are 

not used to formulate products labeled 

for any of the terminated uses. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 23, 2008. 

Steven Bradbury, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E8–23387 Filed 10–7–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0061; FRL–8383–8] 

Tribal Pesticide Program Council; 

Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Tribal Pesticide Program 

Council (TPPC) will hold a 1W day 

meeting, beginning on October 23, 2008, 

and ending October 24, 2008. This 

notice announces the location and times 

for the meeting and sets forth the 

tentative agenda topics. 

DATES: The meeting will be held on 

October 23, 2008, from noon to 6 p.m. 

and October 24, 2008, from 8:30 a.m. to 

5 p.m. 

To request accommodation of a 

disability, please contact either person 

listed under FOR FURTHER INFORMATON

CONTACT, preferably at least 10 days 

prior to the meeting, to give EPA as 

much time as possible to process your 

request. 

ADDRESSES: The meeting will be held at 

the Sheraton Wild Horse Pass Resort 

and Spa in Chandler, AZ. Telephone: 

(602) 225–0100. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Zinn, Field and External Affairs 

Division (7506P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–7076; fax number: 

(703) 308–1850; e-mail address: 

zinn.nicole@epa.gov or Lillian Wilmore, 

TPPC Coordinator, P.O. Box 470329, 

Brookline Village, MA 02447; 

telephone: (617) 232–5742; fax: (617) 

277–1656; e-mail address: 

naecology@aol.com. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are interested in the 

TPPC information exchange relationship 

with EPA regarding important issues 

related to human health, environmental 

exposure to pesticides, and insight into 

EPA’s decision-making process. All 

parties are invited and encouraged to 

attend the meetings and participate as 

appropriate. Potentially affected entities 

may include, but are not limited to: 

Those persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), or the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA). 

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–2008–0061. 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. Tentative Agenda 

1. TPPC State of the Council Report. 

2. Tribal presentations. 

3. Integrated Pest Management 

discussion. 

4. Tribal Caucus (TPPC only). 

5. EPA Region and Regional Sub-Lead 

Reports. 

6. Report and discussion on the 

Consultation Process/Restricted-Use 

Pesticides (RUPs) legal availability in 

Indian Country. 

7. Office of Enforcement and 

Compliance Assurance (OECA) baseline 

and targets. 

List of Subjects 

Environmental protection. 

Dated: September 29, 2008. 

William R. Diamond, 

Director, Field External Affairs Division, 

Office of Pesticide Programs. 

[FR Doc. E8–23863 Filed 10–7–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0179; FRL–8384–3] 

Pesticide Experimental Use Permit; 

Receipt of Amendment Application; 

Comment Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

receipt of an application 264–EUP–140 

from Bayer CropScience requesting to 

amend and extend the existing an 

experimental use permit (EUP) for the 

Bacillus thuringiensis Cry1Ab protein 

and the genetic material necessary for 

its production in event T303–3 and 

T304–40 cotton plants. The Agency has 

determined that the permit may be of 

regional and national significance. 

Therefore, in accordance with 40 CFR 

172.11(a), the Agency is soliciting 

comments on this application. 

DATES: Comments must be received on 

or before November 7, 2008. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2007–0179, 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 


jlentini on PROD1PC65 with NOTICES