[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Notices]
[Pages 73653-73655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28664]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0837; FRL-8391-2]


Malathion; Amendments to Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the amendments to 
terminate uses, voluntarily requested by the registrant 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.

[[Page 73654]]

This cancellation order follows an October 8, 2008 Federal Register 
Notice of Receipt of Request (73 FR 58952) (FRL-8384-1) from the 
malathion registrant to voluntarily terminate uses of their malathion 
product registrations. For the affected product registrations, this 
cancellation order terminates malathion use in or on commercial 
storage/warehouse 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. These are 
not the last malathion products registered for use in the United 
States. In the October 8, 2008 Notice, EPA indicated that it would 
issue an order implementing the amendment 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 
registrant withdrew their request within this period. The Agency 
received comments on the notice but none merited its further review of 
the requests. Further, the registrant did not withdraw their request. 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested 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 December 3, 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; e-mail address: [email protected].

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 amendments to terminate uses, as 
requested by a registrant, of certain manufacturing-use malathion 
products registered under section 3 of FIFRA. These registrations are 
listed in sequence by registration number in Table 1 of this unit.

  Table 1.--Malathion Product Registration Amendments to Terminate Uses
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          EPA Registration Number                   Product Name
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4787-5                                      Fyfanon Technical
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4787-43                                     Malathion Technical
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    Table 2 of this unit includes the name and address of record for 
the registrant of the products in Table 1 of this unit by EPA company 
number.

           Table 2.--Registrant of Amended Malathion Products
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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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III. Summary of Public Comments Received and Agency Response to 
Comments

    The Agency received four comments during the 30-day comment period. 
Two comments recommended cancellation of all malathion uses. However, 
neither comment provided a substantive rationale for the course of 
action suggested. A third comment suggested that termination of the use 
of malathion in greenhouses will limit control options for commercial 
growers treating ornamental grasses for cereal leaf beetle. Prior to 
publication of the malathion reregistration eligibility decision in 
2006, the technical registrant for malathion requested that greenhouse 
uses be deleted from the malathion registrations. Consequently, 
potential risks associated with the use of malathion in greenhouses 
were not evaluated during the reregistration process. Also, the Agency 
has determined that there are several alternative chemicals which are 
suitable for control of cereal leaf beetle on ornamental grasses. The 
fourth comment indicated support for the continued use of malathion on 
mushrooms. This order does not address malathion use on mushrooms. For 
these reasons, the Agency does not believe that the comments submitted 
during the comment period merit further review or a denial of the 
requests for voluntary cancellation.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate uses of malathion registrations identified in 
Table 1 of Unit II. Accordingly, the Agency orders that the malathion 
product registrations identified in Table 1 of Unit II. are hereby 
amended to terminate the affected uses. Any distribution, sale, or use 
of existing stocks of the products identified in Table 1 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.

[[Page 73655]]

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, and Malathion 
Technical, EPA Reg. No. 4787-43, with previously approved labeling that 
includes uses terminated by this cancellation order, until June 3, 
2009.
    2. Persons other than the registrant may continue to sell and/or 
distribute existing stocks of Fyfanon Technical, EPA Reg. No. 4787-5, 
and Malathion Technical, EPA Reg. No. 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 use existing 
stocks of Fyfanon Technical, EPA Reg. No. 4787-5, and Malathion 
Technical, EPA Reg. No. 4787-43, 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: November 25, 2008.
Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-28664 Filed 12-2-08; 8:45 am]
BILLING CODE 6560-50-S