Malathion; Amendments to Terminate Uses, 73653-73655 [E8-28664]
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Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices
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
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 https://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 https://
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:
Melody Banks, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5413; e-mail address:
banks.melody@epa.gov.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with NOTICES
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
VerDate Aug<31>2005
13:59 Dec 02, 2008
Jkt 217001
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. 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
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.
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Frm 00016
Fmt 4703
Sfmt 4703
73653
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. Registration Applications
EPA received applications as follows
to register pesticide products containing
active ingredients not included in any
previously registered products pursuant
to the provision of section 3(c)(4) of
FIFRA. Notice of receipt of these
applications does not imply a decision
by the Agency on the applications.
File Symbol: 71711-GN. Applicant:
Nichino America, Inc., 4550 New
Linden Hill Rd., Linden Park, Suite 501,
Wilmington, DE 19808. Product Name:
Tolfenpyrad Technical 15EC. Active
Ingredient: Tolfenpyrad PC Code:
090111. Tolfenpyrad is a METl site 1
(iRAC Class 21) insecticide. Use:
Tolfenpyrad PC will be used to control
thrips (including Western Flower),
aphids, and scales in the greenhouse on
non-food ornamentals. The product will
be applied as a direct spray, with a
backpack sprayer or similar low-volume
equipment in the greenhouse. The enduse product, 71711-GR, is a 15%
emulsifiable concentrate (EC). (M.
Banks).
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: November 18, 2008.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. E8–28595 Filed 12–2–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–0837; FRL–8391–2]
Malathion; Amendments to Terminate
Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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.
E:\FR\FM\03DEN1.SGM
03DEN1
jlentini on PROD1PC65 with NOTICES
73654
Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices
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; 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
VerDate Aug<31>2005
13:59 Dec 02, 2008
Jkt 217001
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 https://
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
https://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 2.—REGISTRANT OF AMENDED
MALATHION PRODUCTS
EPA Company
Number
4787
Company Name and
Address
Cheminova, Inc. Washington
Office, 1600 Wilson Boulevard, Suite 700, Arlington,
VA 22209
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
TABLE 1.—MALATHION PRODUCT REG- hereby approves the requested
ISTRATION AMENDMENTS TO TERMI- amendments to terminate uses of
malathion registrations identified in
NATE USES
EPA Registration
Number
Product Name
4787–5
Fyfanon Technical
4787–43
Malathion Technical
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.
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
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.
E:\FR\FM\03DEN1.SGM
03DEN1
Federal Register / Vol. 73, No. 233 / Wednesday, December 3, 2008 / Notices
V. What is the Agency’s Authority for
Taking this Action?
EXPORT-IMPORT BANK OF THE
UNITED STATES
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.
Sunshine Act Meeting
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
jlentini on PROD1PC65 with NOTICES
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
VerDate Aug<31>2005
13:59 Dec 02, 2008
Jkt 217001
Notice of a Partially Open
Meeting of the Board of Directors of the
Export-Import Bank of the United
States.
ACTION:
Friday, December 5,
2008 at 9:30 a.m. The meeting will be
held at Ex-Im Bank in Room 1143, 811
Vermont Avenue, NW., Washington, DC
20571.
OPEN AGENDA ITEMS: Item No. 1: Ex-Im
Bank Advisory Committee for 2009.
PUBLIC PARTICIPATION: The meeting will
be open to public participation for Item
No. 1 only.
FOR FURTHER INFORMATION CONTACT: For
further information, contact: Office of
the Secretary, 811 Vermont Avenue,
NW., Washington, DC 20571 (Tele. No.
202–565–3957).
TIME AND PLACE:
Kamil Cook,
Deputy General Counsel.
[FR Doc. E8–28623 Filed 12–2–08; 8:45 am]
BILLING CODE 6690–01–M
FEDERAL MARITIME COMMISSION
[Docket No. 08–06]
Western Holding Group, Inc., Marine
´
Express, Inc. and Corporacion Ferries
¨
del Caribe, Inc. v. Mayaguez Port
Commission and Holland Group Port
¨
Investment (Mayaguez), Inc.; Notice of
Filing of Complaint and Assignment
Notice is given that a complaint has
been filed with the Federal Maritime
Commission (‘‘Commission’’) by
Western Holding Group, Inc. (‘‘Western
Holding’’), Marine Express, Inc.
´
(‘‘Marine Express’’) and Corporacion
Ferries del Caribe, Inc. (‘‘Ferries del
Caribe’’), hereinafter ‘‘Complainants’’.
Complainants assert that they are forprofit corporations organized and
existing pursuant to the laws of the
Commonwealth of Puerto Rico.
Complainants allege that Respondent
¨
Mayaguez Port Commission (‘‘Port
Commission’’) is a public corporation
and that Respondent Holland Group
¨
Port Investment (Mayaguez), Inc.
(‘‘Holland Group’’) is a for-profit
corporation. Complainants further allege
that both Respondent corporations are
organized and existing pursuant to the
laws of the Commonwealth of Puerto
Rico.
Complainants assert that Complainant
Western Holding owns and charters the
vessel M/V CARIBBEAN EXPRESS.
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
73655
Complainants aver that Marine Express
and Ferries del Caribe transport
passengers, goods and vehicles between
the Dominican Republic and Puerto
Rico on said vessel. Complainants
Ferries del Caribe and Marine Express
maintain that they are common carriers
within the meaning of the Shipping Act
of 1984, as amended (‘‘The Shipping
Act’’). See 46 U.S.C. 40102(6).
Complainants assert that Respondent
¨
Mayaguez Port Commission is
responsible for all port business within
¨
the Port of Mayaguez, and that
Respondent Holland Group administers
¨
and operates the Mayaguez port
facilities. Complainants contend that
¨
Respondents Mayaguez Port
Commission and Holland Group are
marine terminal operators within the
meaning of The Shipping Act. See 46
U.S.C. 40102(14).
Complainants allege that ownership
¨
of the Port of Mayaguez was transferred
to Respondent Port Commission in July
2004, with a requirement to honor the
terms of Complainant Marine Express’
existing lease, and that this requirement
was not honored. Complainants contend
that Respondents’ actions, including
aforesaid action, constitute violations of
The Shipping Act including unjust,
unreasonable and unlawful practices in
violation of Section 41102(c), and
unreasonable refusals to negotiate,
unreasonable discrimination and undue
or unreasonable prejudice and
disadvantages in violation of Sections
41106(1)–(3). 46 U.S.C. 41102(c),
41106(1)–(3).
Complainants request that the
Commission order Respondents to: (1)
Cease and desist from the violations of
The Shipping Act described in this
Complaint; (2) establish and put in force
such practices as the Commission
determines lawful and reasonable; (3)
pay to the Complainants reparations of
$25,000,000.00 including attorney’s
fees, interests and costs; and (4) take any
other action or provide any other relief
as the Commission determines to be
warranted under the circumstances.
This proceeding has been assigned to
the Office of Administrative Law Judges.
Hearing in this matter, if any is held,
shall commence within the time
limitations prescribed in 46 CFR 502.61,
and only after consideration has been
given by the parties and the presiding
officer to the use of alternative forms of
dispute resolution. The hearing shall
include oral testimony and crossexamination in the discretion of the
presiding officer only upon proper
showing that there are genuine issues of
material fact that cannot be resolved on
the basis of sworn statements, affidavits,
depositions, or other documents or that
E:\FR\FM\03DEN1.SGM
03DEN1
Agencies
[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Notices]
[Pages 73653-73655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28664]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0837; FRL-8391-2]
Malathion; Amendments to Terminate Uses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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: 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 https://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 https://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
------------------------------------------------------------------------
EPA Registration Number Product Name
------------------------------------------------------------------------
4787-5 Fyfanon Technical
------------------------------------------------------------------------
4787-43 Malathion Technical
------------------------------------------------------------------------
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
------------------------------------------------------------------------
EPA Company Number Company Name and Address
------------------------------------------------------------------------
4787 Cheminova, Inc. Washington
Office, 1600 Wilson
Boulevard, Suite 700,
Arlington, VA 22209
------------------------------------------------------------------------
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