[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Notices]               
[Page 50612-50613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27au08-38]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0837;FRL-8377-3]

 
Malathion; Order Amending Registration to Terminate Certain Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is granting a registrant's voluntary request for 
amendments to terminate certain uses of products containing the 
pesticide malathion, pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows 
a March 18, 1991 Federal Register Notice of Receipt of Requests to 
amend the registration of Fyfanon Technical, EPA Reg. No. 4787-5, to 
terminate certain uses. The requested amendments would not terminate 
all uses of malathion products registered for use in the United States. 
In the March 18, 1991 notice, EPA indicated that it intended to approve 
the requested amendments to terminate uses. Today's order does not 
terminate all of the uses identified in the March 18, 1991 notice, 
because Cheminova A/S and the Interregional Research Project No. 4 (IR-
4) adequately supported certain uses. Accordingly, EPA hereby grants, 
in part, the requested registration amendments and orders the 
termination of the uses identified in Unit II. Any distribution, sale, 
or use of Fyfanon Technical, EPA Reg. No. 4787-5, is permitted only in 
accordance with the terms of this order, including any existing stocks 
provisions.

DATES: The uses of Fyfanon Technical, EPA Reg. No. 4787-5, described in 
Unit II of this cancellation order are cancelled effective August 27, 
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 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?

    EPA is ordering the cancellation of certain uses of Fyfanon 
Technical, EPA Reg. No. 4787-5, pursuant to the registrant's voluntary 
request for cancellation. The registrant of Fyfanon Technical is 
Cheminova A/S., 1600 Wilson Blvd., Suite 700 Arlington, VA 22209.

Uses of Fyfanon Technical Terminated by this Order

    1. Food crops: Almond (preharvest and postharvest), lentils, 
cranberry, filbert, cowpea forage and hay, pea vine and hay, soybean, 
safflower, peanuts (preharvest and postharvest), beet (sugar), 
sunflower (postharvest), rice (postharvest treatment), greenhouse food 
uses, and plum, prune.
    2. Non food uses: Tobacco, forest trees.
    3. Other uses: Field and garden seeds; grapes (post harvest use on 
raisin drying trays); bagged citrus pulp; cattle feed concentrate 
blocks (non-medicated); direct animal and livestock treatments 
including pet and domestic animal uses for beef cattle, cats, chickens, 
dairy cattle (lactating and nonlactating), dogs, ducks, geese, goats, 
hogs, horses (including ponies), pigeons, sheep and turkeys; animal 
premise uses for dairy and livestock barns, stables and pens, feed 
rooms, poultry houses, manure piles, kennels, rabbits on wire, beef 
cattle feed lots and holding pens, cat and dog sleeping quarters; 
poultry houses, human clothing (woolens and other fabrics); mattresses; 
and commercial and industrial uses for bagged flour; cereal processing 
plants, dry milk processing plants, eating establishments, food 
processing plants, packaged cereals, pet foods and feed stuff.

III. Summary of Public Comments Received and Agency Response to 
Comments

    On March 18, 1991, EPA published in the Federal Register a notice 
of receipt of voluntary requests for termination of uses from all 
registrants of technical malathion, specifically American Cyanamid 
Company and Cheminova A/S (56 FR 11420); (FRL-3874-4). American 
Cyanamid Company subsequently cancelled all uses of its malathion 
products, and is therefore not addressed in this order.
    Following the March 18, 1991 notice, Cheminova provided data to 
support a number of the food uses that it had previously asked to 
terminate. These uses are wild rice, barley, oat, rye, kumquat, lemon, 
lime, tangerine, endive, squash, gooseberries, currant, eggplant, 
garlic, shallot, lespedeza hay, vetch hay, and leeks. Additionally, 
stored commodity treatments for barley and corn received subsequent 
support. Cheminova has either submitted, or has committed to submit, 
data sufficient to support the reregistration of these uses. The 
Interregional Research Project No. 4 (IR-4) also submitted data 
sufficient to support reregistration of the use of malathion on 
cauliflower, kale, dandelion, parsley, boysenberry, dewberry, 
loganberry, kohlrabi, spinach, pumpkins, melons, watercress, walnuts, 
pineapple, papaya, passion fruit, peaches, apricots, nectarines,

[[Page 50613]]

macadamia, blackberry, raspberries, broccoli, Brussels sprouts, 
cabbage, collards, carrots, okra, guava, hops, fig, chestnut, chayote, 
turnip, pea, mustard green, beets (garden), horseradish, parsnip, 
rutabaga, radish, salsify, sweet potato, mint, and asparagus. Although, 
IR-4 also endeavored to support the use of malathion on flax, apples, 
quince, celery, and swiss chard, the data submitted did not prove 
wholly adequate to support reregistration of these uses. As these uses 
were supported during the development of the malathion Reregistration 
Eligibility Decision (RED), EPA will accept the submission of data 
specified in the RED as necessary to maintain the registration of these 
uses.
     The malathion uses identified in Unit II above remain unsupported. 
Cheminova did not withdraw its voluntary request for termination of 
these uses, and no other party has committed to produce data sufficient 
to support these uses. Cheminova did not commit to support the 
reregistration of these uses and did not submit supporting data as 
required in phases 2 and 3 of reregistration (FIFRA section 4(d) and 
(e)), and so, these uses were not fully evaluated in the malathion 
Reregistration Eligibility Decision. Accordingly, EPA hereby grants, in 
part, the requested registration amendments and orders the termination 
of the malathion uses identified in Unit II above.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
amendments to terminate those uses of malathion identified in Unit II 
above. Accordingly, the Agency orders that the registration of Fyfanon 
Technical, EPA Reg. No. 4787-5, is hereby amended to terminate the uses 
identified in Unit II above. Any distribution, sale, or use of existing 
stocks of Fyfanon Technical, EPA Reg. No. 4787-5, in a manner 
inconsistent with any of the Provisions for Disposition of Existing 
Stocks set forth in Unit VI below. will be considered a violation of 
FIFRA.

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, with previously 
approved labeling that includes uses terminated by this cancellation 
order, until February 27, 2009.
    2. Persons other than the registrant may continue to sell and/or 
distribute existing stocks of Fyfanon Technical, EPA Reg. No. 4787-5, 
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, 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: August 13, 2008.
 Steven Bradbury,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E8-19762 Filed 8-26-08; 8:45 a.m.]

Billing Code 6560-50-S