[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:
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 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: [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. 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
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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