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 Environmental Protection Agency [EPA-HQ-OPP-2007-0837; FRL-8425-3]
 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; e-mail 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
Company228-68
Riverdale Malathion 5
Nufarm Americas, Inc.228-93
Riverdale Bin Spray
Nufarm Americas, Inc.( print page 34346)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 Company5905-443
Helena Malathion 8 Insecticide
Helena Chemical Company34704-3
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 Use192-96
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 systems655-598
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 turf769-620
AllPro Malathion 57% Premium Grade
Value Garden Supply
Lentils, greenhouse uses, sewage systems, fly control for outdoor building surfaces769-621
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 stables769-844
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, plum5905-250
Fyfanon 8 LB Emulsion
Helena Chemical Company
Lentils, cowpea9779-5
Malathion 5
WinField Solutions
Lentils10088-56
Malathion 57%
Athea Laboratories, Inc.
Ornamental lawns and turf10163-21
Prokil Malathion 8
Gowan
Lentils, greenhouse uses10163-152
Malathion Technical
Gowan
Greenhouse food use19713-217
Drexel Malathion 5EC
Drexel Chemical Company
Lentils( print page 34347)19713-402
Drexel Malathion Technical
Drexel Chemical Company
Greenhouse food crops, uses around commercial and industrial buildings, sewage systems34704-108
Clean Crop Malathion 57 EC
Loveland Products, Inc.
Lentils34704-474
Cythion 8 Aquamul
Loveland Products, Inc.
Lentils47000-107
Prozap Malathion
Chem-Tech Ltd.
Lentils, residential lawns (broadcast)48273-26
Marman Malathion ULV
Nufarm
Lentils, greenhouse food uses59144-1
Malathion 50% Insect Spray
Gro Tec, Inc.
Greenhouse uses66330-220
Malathion 5 EC
Arysta LifeScience
Lentils, Greenhouse uses66330-228
Malathion Technical
Arysta LifeScience
Greenhouse uses66330-248
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 Address239
The Scotts Company LLC
                             14111 Scottslawn Road 
                             Marysville, OH 43041655
Prentiss Incorporated
                             509 Tower Valley Drive 
                             Hillsboro, MO 63050769, 192
Value Garden Supply
                             9100 W. Bloomington Freeway Suite 113 
                             Bloomington, MN 554315905
Helena Chemical Company
                             7664 Moore Road 
                             Memphis, TN 381209779
WinField Solutions
                             PO Box 64589 MS 5705 
                             St. Paul, MN 55164-058910088
Athea Laboratories, Inc.
                             PO Box 240014 
                             Milwaukee, WI 5322410163
Gowan
                             PO Box 5569 
                             Yuma, AZ 85366-556919713
Drexel Chemical Company
                             1700 Channel Avenue 
                             PO Box 13327 
                             Memphis, TN 38113-032734704
Loveland Products, Inc.
                             7251 W 4th Street 
                             PO Box 1286 
                             Greeley, CO 80632-128647000
Chem-Tech, Ltd.
                             4515 Fleur Dr. #303 
                             Des Moines, IA 5032148273, 228
Nufarm Americas, Inc.
                             150 Harvester Drive, Suite 200 
                             Burr Ridge, IL 6052759144
RegWest on behalf of Gro Tec, Inc.
                             30856 Rocky Road 
                             Greeley, CO 80631-937566330
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. 
 
 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