[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