Malathion; Notice of Receipt of Request to Amend to Terminate Uses of Certain Pesticide Registrations, 58952-58954 [E8-23387]

Download as PDF 58952 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices CASAC by means of a review of chapter 8 and the revised appendix B at a public teleconference that will be held on October 22, 2008. Information on that meeting has been announced separately in the Federal Register . In preparing a final risk and exposure assessment report, EPA will consider comments received from the CASAC and the public at the meeting held on September 9–10 and at the teleconference to be held on October 22 as well as written comments received during the public comment periods. Dated: September 18, 2008. Jenny Edmonds, Acting Director, Office of Air Quality Planning and Standards. [FR Doc. E8–23856 Filed 10–7–08; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice. jlentini on PROD1PC65 with NOTICES AGENCY: 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 VerDate Aug<31>2005 18:10 Oct 07, 2008 Jkt 217001 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 email. 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 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 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) 3478028; 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. 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 E:\FR\FM\08OCN1.SGM 08OCN1 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices jlentini on PROD1PC65 with NOTICES 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 nonsystemic, 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 VerDate Aug<31>2005 18:10 Oct 07, 2008 Jkt 217001 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. 58953 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 EPA Company Number 4787 Company Name and Address Cheminova, Inc. Washington Office 1600 Wilson Boulevard Suite 700 Arlington, VA 22209 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 TABLE 1.—MALATHION PRODUCT REG- registered pesticide products which are ISTRATIONS WITH PENDING RE- currently in the United States and QUESTS FOR AMENDMENT which were packaged, labeled, and released for shipment prior to the Registration Product effective date of the cancellation action. Company Number Name If the request for voluntary cancellation and/or use termination is granted, the 4787-5 Fyfanon Cheminova, Agency intends to publish a TechInc. cancellation order in the Federal nical Register which will include the 4787-43 Malathion Cheminova, following existing stocks provisions. TechInc. 1. The registrant may continue to sell nical and/or distribute existing stocks of Fyfanon Technical and Malathion Technical, EPA Reg. Nos. 4787–5 and PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\08OCN1.SGM 08OCN1 58954 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 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 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0061; FRL–8383–8] Tribal Pesticide Program Council; Notice of Public Meeting Environmental Protection Agency (EPA). ACTION: Notice. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: The Tribal Pesticide Program Council (TPPC) will hold a 1W day meeting, beginning on October 23, 2008, and ending October 24, 2008. This notice announces the location and times for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on October 23, 2008, from noon to 6 p.m. and October 24, 2008, from 8:30 a.m. to 5 p.m. To request accommodation of a disability, please contact either person listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. ADDRESSES: The meeting will be held at the Sheraton Wild Horse Pass Resort and Spa in Chandler, AZ. Telephone: (602) 225–0100. VerDate Aug<31>2005 18:10 Oct 07, 2008 Jkt 217001 FOR FURTHER INFORMATION CONTACT: Nicole Zinn, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–7076; fax number: (703) 308–1850; e-mail address: zinn.nicole@epa.gov or Lillian Wilmore, TPPC Coordinator, P.O. Box 470329, Brookline Village, MA 02447; telephone: (617) 232–5742; fax: (617) 277–1656; e-mail address: naecology@aol.com. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are interested in the TPPC information exchange relationship with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA’s decision-making process. All parties are invited and encouraged to attend the meetings and participate as appropriate. Potentially affected entities may include, but are not limited to: Those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA), or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 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–2008–0061. 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. Tentative Agenda 1. TPPC State of the Council Report. 2. Tribal presentations. 3. Integrated Pest Management discussion. 4. Tribal Caucus (TPPC only). PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 5. EPA Region and Regional Sub-Lead Reports. 6. Report and discussion on the Consultation Process/Restricted-Use Pesticides (RUPs) legal availability in Indian Country. 7. Office of Enforcement and Compliance Assurance (OECA) baseline and targets. List of Subjects Environmental protection. Dated: September 29, 2008. William R. Diamond, Director, Field External Affairs Division, Office of Pesticide Programs. [FR Doc. E8–23863 Filed 10–7–08; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2007–0179; FRL–8384–3] Pesticide Experimental Use Permit; Receipt of Amendment Application; Comment Request Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces EPA’s receipt of an application 264–EUP–140 from Bayer CropScience requesting to amend and extend the existing an experimental use permit (EUP) for the Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production in event T303–3 and T304–40 cotton plants. The Agency has determined that the permit may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application. DATES: Comments must be received on or before November 7, 2008. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2007–0179, 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 E:\FR\FM\08OCN1.SGM 08OCN1

Agencies

[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Notices]
[Pages 58952-58954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23387]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: 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. 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
------------------------------------------------------------------------
       Registration Number           Product Name           Company
------------------------------------------------------------------------
4787-5                            Fyfanon Technical   Cheminova, Inc.
------------------------------------------------------------------------
4787-43                           Malathion           Cheminova, Inc.
                                   Technical
------------------------------------------------------------------------

    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
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
4787                                        Cheminova, Inc. Washington
                                             Office
                                            1600 Wilson Boulevard Suite
                                             700
                                            Arlington, VA 22209
------------------------------------------------------------------------

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

[[Page 58954]]

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