[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Notices]
[Pages 58952-58954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23387]


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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.

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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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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 e-
mail. 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; e-mail address: <a href="/cdn-cgi/l/email-protection#b1dcd8d4d5d4c3d9ded7d79fd4c3d8d2f1d4c1d09fd6dec7"><span class="__cf_email__" data-cfemail="34595d515051465c5b52521a51465d57745144551a535b42">[email protected]</span></a>.

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

[[Page 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 non-systemic, 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
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       Registration Number           Product Name           Company
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4787-5                            Fyfanon Technical   Cheminova, Inc.
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4787-43                           Malathion           Cheminova, Inc.
                                   Technical
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    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
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            EPA Company Number                Company Name and Address
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4787                                        Cheminova, Inc. Washington
                                             Office
                                            1600 Wilson Boulevard Suite
                                             700
                                            Arlington, VA 22209
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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

[[Page 58954]]

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


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