Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34345 

filled, leading to increased levels of lead 

in ground water; vapors from home 

smelting of used wheel balancing 

weights obtained from gas stations and 

small tire retailers; wheel balancing 

weights left on cars that may be 

collected and burned in electric arc 

furnaces, releasing lead vapor and 

particulate matter to the air; releases 

associated with auto shredder activities 

(e.g., residues released to air or water); 

and releases from roadways to streams 

resulting in potential exposures to 

aquatic and terrestrial species. 

• Quantitative or anecdotal 

information on the current availability 

and suitability of lead-free wheel 

balancing weights as alternatives, in 

both original equipment and aftermarket 

settings, particularly any comparisons 

between lead-free and lead wheel 

balancing weights in terms of price, ease 

of installation, durability, and other 

attributes of performance and 

suitability. 

In assessing the usability of any data 

or information that may be submitted, 

EPA plans to follow the guidelines in 

EPA’s ‘‘A Summary of General 

Assessment Factors for Evaluating the 

Quality of Scientific and Technical 

Information’’ (EPA 100B–03/001), 

referred to as the ‘‘Assessment Factors 

Document.’’ The ‘‘Assessment Factors 

Document’’ was published in the 

Federal Register issue of July 1, 2003 

(68 FR 39086) (FRL–7520–2) and is 

available on-line at http://www.epa.gov/ 

osa/spc/assess.htm. 

List of Subjects 

Environmental protection, lead, wheel 

balancing weights, zinc. 

Dated: July 6, 2009. 

James Jones, 

Acting Assistant Administrator, Office of 

Prevention, Pesticides and Toxic Substances. 

[FR Doc. E9–16815 Filed 7–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0837; FRL–8425–3] 

Malathion; Product Cancellation Order 

and Amendments to Terminate Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

order for the cancellations and 

amendments to terminate uses, 

voluntarily requested by the registrants 

and accepted by the Agency, of products 

containing the pesticide malathion, 

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

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), as amended. This 

cancellation order follows a May 20, 

2009 Federal Register Notice of Receipt 

of Requests from the malathion 

registrants to voluntarily cancel or to 

amend to terminate uses of certain 

malathion product registrations. These 

are not the last malathion products 

registered for use in the United States. 

In the May 20, 2009 Notice, EPA 

indicated that it would issue an order 

implementing the cancellations and 

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 did not 

receive any comments on the notice. 

Further, the registrants did not 

withdraw their requests. Accordingly, 

EPA hereby issues in this notice a 

cancellation order granting the 

requested cancellations and 

amendments to terminate uses. Any 

distribution, sale, or use of the 

malathion 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 

July 15, 2009. 

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? 

This notice announces the 

cancellations and amendments to 

terminate uses, as requested by 

registrants, of certain end-use malathion 

products registered under section 3 of 

FIFRA. These registrations are listed in 

sequence by registration number in 

Tables 1 and 2 of this unit. 

TABLE 1.— MALATHION PRODUCT CANCELLATIONS

Registration Number Product Name Company 

228-68 Riverdale Malathion 5 Nufarm Americas, Inc. 

228-93 Riverdale Bin Spray Nufarm Americas, Inc. 


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34346 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

TABLE 1.— MALATHION PRODUCT CANCELLATIONS—Continued 

Registration Number Product Name Company 

228-244 Riverdale 50% Malathion E.C. Nufarm Americas, Inc. 

228-252 Riverdale 4% Malathion Dust Nufarm Americas, Inc. 

228-274 Riverdale ULV Malathion Nufarm Americas, Inc. 

655-794 Prentox Malathion 57% EC Prentiss, Inc. 

5905-7 Fyfanon 5 LB Emulsion Helena Chemical Company 

5905-443 Helena Malathion 8 Insecticide Helena Chemical Company 

34704-3 Malathion 55 Insecticide Premium Grade Loveland Products Inc. 

34704-18 Malathion ULV Concentrate Insecticide Loveland Products Inc. 

34704-119 Clean Crop Malathion 8EC Insecticide Loveland Products Inc. 

34704-721 Niagara Malathion 5 Dust Loveland Products Inc. 

TABLE 2.—MALATHION PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES

Registration Number Product Name Company Terminate Use 

192-96 Dexol Malathion Insect Control Value Garden Supply Residential lawns (broadcast) 

239-739 Ortho Malathion 50 Insect Spray The Scotts Company LLC Residential lawns (broadcast) 

655-310 Malathion 95% Technical Premium Prentiss, Inc. Greenhouse food crops, Commercial/Institutional/Industrial premises/equipment 

(outdoor), sewer systems 

655-598 Prentox Malathion 50% Emulsifiable Insecticide Prentiss, Inc. Commercial/Institutional/Industrial premises/ 

equipment (outdoor) 

655-777 Prentox 5 LB Malathion Spray Prentiss, Inc. Greenhouse food crops, Commercial/Institutional/Industrial premises/equipment 

(outdoor), lentils, manure piles, residential lawns (broadcast) 

769-736 SMCP Malathion Mole Cricket 

Bait Insecticide 

Value Garden Supply Residential lawns (broadcast), golf course 

turf 

769-620 AllPro Malathion 57% Premium 

Grade 

Value Garden Supply Lentils, greenhouse uses, sewage systems, 

fly control for outdoor building surfaces 

769-621 SMCP Malathion EM-5 Value Garden Supply Residential lawns (broadcast) 

769-644 SMCP MV Fog Solution Value Garden Supply Animal premise uses for dairy and livestock 

barns, stables and pens, food processing 

plants, outdoor use as a crack and crevice treatment around dairies and stables 

769-844 Pratt Malathion Spray Value Garden Supply Residential lawns (broadcast) 

769-961 Pratt Malathion 80 Value Garden Supply Dairy cattle (lactating and nonlactating), 

poultry houses, cowpea forage and hay, 

cranberry, plum 

5905-250 Fyfanon 8 LB Emulsion Helena Chemical Company Lentils, cowpea 

9779-5 Malathion 5 WinField Solutions Lentils 

10088-56 Malathion 57% Athea Laboratories, Inc. Ornamental lawns and turf 

10163-21 Prokil Malathion 8 Gowan Lentils, greenhouse uses 

10163-152 Malathion Technical Gowan Greenhouse food use 

19713-217 Drexel Malathion 5EC Drexel Chemical Company Lentils 


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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34347 

TABLE 2.—MALATHION PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES—Continued 

Registration Number Product Name Company Terminate Use 

19713-402 Drexel Malathion Technical Drexel Chemical Company Greenhouse food crops, uses around commercial and industrial buildings, sewage 

systems 

34704-108 Clean Crop Malathion 57 EC Loveland Products, Inc. Lentils 

34704-474 Cythion 8 Aquamul Loveland Products, Inc. Lentils 

47000-107 Prozap Malathion Chem-Tech Ltd. Lentils, residential lawns (broadcast) 

48273-26 Marman Malathion ULV Nufarm Lentils, greenhouse food uses 

59144-1 Malathion 50% Insect Spray Gro Tec, Inc. Greenhouse uses 

66330-220 Malathion 5 EC Arysta LifeScience Lentils, Greenhouse uses 

66330-228 Malathion Technical Arysta LifeScience Greenhouse uses 

66330-248 Malathion 8 EC Arysta LifeScience Greenhouse uses, lentils, Around the outside of buildings 

Table 3 of this unit includes the 

names and addresses of record for all 

registrants of the products in Tables 1 

and 2 of this unit, in sequence by EPA 

company number. 

TABLE 3.— REGISTRANTS OF CANCELLED OR AMENDED MALATHION

PRODUCTS

EPA Company 

Number 

Company Name and 

Address 

239 The Scotts Company 

LLC 

14111 Scottslawn 

Road 

Marysville, OH 43041 

655 Prentiss Incorporated 

509 Tower Valley 

Drive 

Hillsboro, MO 63050 

769, 192 Value Garden Supply 

9100 W. Bloomington 

Freeway Suite 113 

Bloomington, MN 

55431 

5905 Helena Chemical 

Company 

7664 Moore Road 

Memphis, TN 38120 

9779 WinField Solutions 

PO Box 64589 MS 

5705 

St. Paul, MN 55164- 

0589 

10088 Athea Laboratories, 

Inc. 

PO Box 240014 

Milwaukee, WI 53224 

TABLE 3.— REGISTRANTS OF CANCELLED OR AMENDED MALATHION

PRODUCTS—Continued 

EPA Company 

Number 

Company Name and 

Address 

10163 Gowan 

PO Box 5569 

Yuma, AZ 85366-5569 

19713 Drexel Chemical Company 

1700 Channel Avenue 

PO Box 13327 

Memphis, TN 38113- 

0327 

34704 Loveland Products, 

Inc. 

7251 W 4th Street 

PO Box 1286 

Greeley, CO 80632- 

1286 

47000 Chem-Tech, Ltd. 

4515 Fleur Dr. #303 

Des Moines, IA 50321 

48273, 228 Nufarm Americas, Inc. 

150 Harvester Drive, 

Suite 200 

Burr Ridge, IL 60527 

59144 RegWest on behalf of 

Gro Tec, Inc. 

30856 Rocky Road 

Greeley, CO 80631- 

9375 

66330 Arysta Life Science 

North America 

15401 Weston Parkway, Suite 150 

Cary, NC 27513 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

During the public comment period 

provided, EPA received no comments in 

response to the May 20, 2009 Federal 

Register notice (74 FR 23708; FRL– 

8414–2) announcing the Agency’s 

receipt of the requests for voluntary 

cancellations and amendments to 

terminate uses of malathion. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellations and amendments to 

terminate uses of malathion 

registrations identified in Tables 1 and 

2 of Unit II. Accordingly, the Agency 

orders that the malathion product 

registrations identified in Tables 1 and 

2 of Unit II. are hereby canceled or 

amended to terminate the affected uses. 

Any distribution, sale, or use of existing 

stocks of the products identified in 

Tables 1 and 2 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. 


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34348 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

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. 

Registrants may sell or distribute 

existing stocks for 1 year from the 

effective date of cancellation. This 

policy is in accordance with the 

Agency’s statement of policy as 

prescribed the Federal Register of June 

26, 1991 (56 FR 29362) (FRL–3846–4). 

Existing stocks already in the hands of 

dealers or users can be distributed, sold, 

or used legally until they are exhausted, 

provided that such further sale and use 

comply with the EPA-approved label 

and labeling of the affected product. 

Exception to these general rules will be 

made in specific cases when more 

stringent restrictions on sale, 

distribution, or use of the products or 

their ingredients have already been 

imposed, as in a special review action, 

or where the Agency has identified 

significant potential risk concerns 

associated with a particular chemical. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Malathion. 

Dated: July 2, 2009. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–16641 Filed 7–14–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8931–4] 

EPA Science Advisory Board Staff 

Office; Notification of Two Public 

Teleconferences of the Chartered 

Science Advisory Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office announces two 

public teleconferences of the chartered 

SAB to conduct quality reviews of two 

draft SAB reports. 

DATES: The teleconference dates will be 

Thursday, August 6, 2009 from 2 to 3:30 

p.m. (Eastern Standard Time), and 

Friday, August 28, 2009, from 2 p.m. to 

3:30 p.m. (Eastern Standard Time). 

ADDRESSES: The meetings will be 

conducted by telephone only. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing to obtain 

general information concerning these 

public teleconferences should contact 

Mr. Thomas Miller, Designated Federal 

Officer (DFO), EPA Science Advisory 

Board (1400F), 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

via telephone/voice mail (202) 343– 

9982; fax (202) 233–0643; or e-mail at 

miller.tom@epa.gov. General 

information concerning the EPA Science 

Advisory Board can be found on the 

SAB Web site at http://www.epa.gov/ 

sab. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act, 

5 U.S.C., App. 2 (FACA), notice is 

hereby given that the EPA Science 

Advisory Board (SAB) will hold public 

teleconferences to conduct two quality 

reviews of draft SAB committee reports. 

The SAB was established pursuant to 42 

U.S.C. 4365 to provide independent 

scientific and technical advice to the 

Administrator on the technical basis for 

Agency positions and regulations. The 

SAB is a Federal Advisory Committee 

under FACA. The SAB will comply 

with the provisions of FACA and all 

appropriate SAB Staff Office procedural 

policies. 

Background 

(a) SAB Quality Review of the Draft 

SAB Report on EPA’s Economic 

Analysis Guidelines Update. The 

Chartered SAB will conduct a quality 

review of the SAB Environmental 

Economics Advisory Committee (EEAC) 

draft report on EPA’s Economic 

Analysis Guidelines Update from 2 p.m 

to 3:30 p.m. on Thursday, August 6, 

2009. EPA’s National Center for 

Environmental Economics (NCEE) has 

requested SAB review of EPA’s revised 

Guidelines for Preparing Economic 

Analyses. EPA last issued Guidelines for 

Preparing Economic Analyses in 

September 2000 to represent Agency 

policy on the preparation of economic 

analysis required by legislation and 

administrative orders. EPA received 

advice from the SAB in developing 

those Guidelines. Since 2000, there has 

been considerable new economic 

research and EPA has received new 

guidance from the Office of 

Management and Budget pertaining to 

the Agency’s conduct of regulatory 

analysis. In response, NCEE has revised 

and updated the Guidelines and has 

requested SAB review. More 

information on this topic can be found 

on the SAB Web site at http:// 

yosemite.epa.gov/sab/sabproduct.nsf/

fedrgstr_activites/Guidelines%

20Review?OpenDocument. 

(b) SAB Quality Review of the Draft 

SAB Panel Report on the EPA Expert 

Elicitation White Paper. The Chartered 

SAB will conduct a quality review of 

the draft report from its Expert 

Elicitation Advisory Panel from 2 p.m. 

to 3:30 p.m. on Friday, August 28, 2009. 

EPA’s Office of the Science Advisor 

(OSA) has requested SAB review of an 

‘‘Expert Elicitation (EE) Task Force 

White Paper.’’ The White Paper 

discusses the potential utility of using 

expert elicitation to support EPA 

regulatory and non-regulatory analyses 

and decision-making, provides 

recommendations for expert elicitation 

‘‘good practices,’’ and describes steps 

for a broader application across EPA. 

OSA has asked the SAB to provide 

advice regarding the potential 

usefulness of expert elicitation, how to 

strengthen the scientific basis for its use, 

and the implications for possible 

implementation at EPA. More 

information on this topic can be found 

on the SAB Web site at http:// 

yosemite.epa.gov/sab/sabproduct.nsf/

fedrgstr_activites/Expert%

20Elicitation%20White%20Paper?

OpenDocument. 

Availability of Meeting Materials: The 

agenda and other materials in support of 

these teleconferences will be placed on 

the SAB Web site at http:// 

www.epa.gov/sab in advance of each 

meeting. 

Procedures for Providing Public Input: 

Interested members of the public may 

submit relevant written or oral 

information for the SAB to consider 

during these teleconferences. Oral 

Statements: In general, individuals or 

groups requesting time to make an oral 

presentation at a public SAB 

teleconference will be limited to three 

minutes, with no more than one-half 

hour for all speakers. To be placed on 

the public speakers list for the August 

6, 2009 teleconference interested 

individuals should contact Mr. Thomas 

Miller, DFO, in writing (preferably by 

e-mail), by July 31 at the contact 

information provided above. Those 

interested in being placed on the public 

speakers list for the August 28, 2009 

teleconference should contact Mr. 

Miller in the manner noted above by 

August 22, 2009. Written Statements: 

Written statements relevant to the 

August 6, 2009 teleconference should be 

received in the SAB Staff Office by July 

31, 2009 so that the information may be 

made available to the SAB for their 

consideration prior to the 

teleconferences. Written statements 


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