[Federal Register: November 2, 2005 (Volume 70, Number 211)]
[Notices]
[Page 66388-66392]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no05-79]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2005-0256; FRL-7743-4]
Ethylenebisdithiocarbamate (EBDC) Fungicides Mancozeb, Maneb, and
Metiram; Notice of Receipt of Requests to Voluntarily Cancel, Amend, or
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 requests by the registrants to voluntarily cancel
and/or amend their registrations to terminate uses of certain products
containing the pesticides mancozeb, maneb, and metiram. The requests
would terminate mancozeb use on athletic fields and pachysandra; maneb
use on apples, grapes, kadota figs, and sweet corn; and maneb seed
treatment use for peanuts and rice. EPA has also received a request to
terminate the use of the fungicide product, Maneb 80 WP Fungicide (EPA
Reg. No. 4581-255), on sod farm turf. In addition, EPA has received a
request for voluntary cancellation of the metiram product registration
for Potato Seed Treater Fungicide (EPA Reg. No. 2935-540). These
requests would not terminate the last mancozeb, maneb, and metiram
products registered for use in the United States. EPA intends to grant
these requests 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 requests, or unless
the registrants withdraw their requests within this period. Upon
acceptance of these requests, 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 December 2, 2005.
ADDRESSES: Comments, identified by docket identification (ID) number
2005-0256, may be submitted electronically, by mail, or through hand
delivery/courier. Follow the detailed instructions as provided in Unit
I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: For mancozeb, Christina Scheltema,
Special Review and Reregistration Division (7508C), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-2201; fax
number: (703) 308-8005; e-mail address: scheltema.christina@epa.gov.
For maneb and metiram, Tawanda Spears, Special Review and
Reregistration Division (7508C), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8050; fax
number: (703) 308-8005; e-mail address: spears.tawanda@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
persons listed under FOR FURTHER INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket ID number OPP-2005-0256. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Although a part of the official docket, the public docket does not
include Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. The official public docket
is the collection of materials that is available for public viewing at
the Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This docket
facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
[[Page 66389]]
excluding legal holidays. The docket 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, to access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search,''
then key in the appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to consider
these late comments. If you wish to submit CBI or information that is
otherwise protected by statute, please follow the instructions in Unit
I.D. Do not use EPA Dockets or e-mail to submit CBI or information
protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. 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.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http;//http://www.epa.gov/edocket/
, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2005-0256. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to opp-docket@epa.gov,
Attention: Docket ID number OPP-2005-0256. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Public Information and Records
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001, Attention: Docket ID number OPP-2005-0256.
3. By hand delivery or courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Office of Pesticide
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID
number OPP-2005- 0256. Such deliveries are only accepted during the
docket's normal hours of operation as identified in Unit I.B.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
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 CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
[[Page 66390]]
In addition to one complete version of the comment that includes
any 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 and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the persons listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
ID number in the subject line on the first page of your response. It
would also be helpful if you provided the name, date, and Federal
Register citation related to your comments.
II. Background on the Receipt of Requests to Terminate Certain Uses for
the EBDC Pesticides Mancozeb, Maneb, and Metiram
This notice announces receipt by EPA of requests from the
registrants Cerexagri, Dow AgroSciences, Griffin LLC, and Wilbur-Ellis
Company to amend or to terminate certain uses of 16 mancozeb product
registrations, 3 maneb product registrations, and 1 metiram product
registration (Tables 1-3 of Unit III). These pesticides are broad
spectrum EBDC fungicides used on a variety of agricultural crops,
ornamentals, and turf. In letters dated August 25, August 29, and
September 16, 2005, Cerexegri, Dow AgroSciences, and Griffin LLC
respectively, have requested that EPA terminate the uses of mancozeb on
athletic fields and pachysandra. The registrants are no longer
supporting these uses and wish to have them removed from product
labels. However, these three registrants are retaining some mancozeb
turf uses, specifically, use on sod farms, grass grown for seed, golf
courses, and commercial and industrial lawns. Further, in a letter
dated September 12, 2005, Cerexagri has requested that EPA terminate
use of maneb on apples, grapes, kadota figs, peanut seed, rice seed,
and sweet corn, and remove these uses from the appropriate product
labels. Cerexagri's September 12, 2005 letter also requests deletion of
the sod farm turf use from the Maneb 80 WP Fungicide label. Last, in a
letter dated June 20, 2005, Wilbur-Ellis Company requested voluntary
cancellation of the metiram product registration for Potato Seed
Treater Fungicide (EPA Reg. No. 2935-540).
III. What Action is the Agency Taking?
This notice announces receipt by EPA of requests from registrants
to amend or cancel certian mancozeb, maneb, and metiram product
registrations to terminate uses. The affected products and the
registrants making the requests are identified in Tables 1-4 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.
Each of the registrants affected by this notice has requested, in
their letters, that EPA waive the 180-day comment period. EPA is thus
providing a 30-day comment period.
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 to delete certain uses.
Table 1.--Mancozeb Product Registrations with Pending Requests for Use
Deletions
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Uses proposed for
Registration No. Product name deletion
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1812-360 MANKOCIDE[reg]/ Athletic fields,
JUNCTION[reg] pachysandra
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1812-414 MANZATE[reg] 75 DF/ Athletic fields,
PENTATHLON[reg] pachysandra
DF
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1812-415 MANZATE[reg] 80 WP Athletic fields,
pachysandra
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1812-416 MANZATE[reg] Athletic fields,
Flowable/ pachysandra
PENTATHLON[reg]
LF
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4581-358 Penncozeb[reg] Athletic fields,
80WP pachysandra
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4581-370 Penncozeb[reg] 75 Athletic fields,
DF pachysandra
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4581-394 Penncozeb[reg] 4FL Athletic fields,
pachysandra
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62719-387 Dithaner M45 Athletic fields,
pachysandra
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62719-388 Forer 80WP Athletic fields,
Rainshield[reg] pachysandra
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62719-396 Dithane F-45 Athletic fields,
Rainshield pachysandra
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[[Page 66391]]
62719-398 Dithane M-45 Athletic fields,
Flowable M pachysandra
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62719-401 Dithane WSP Athletic fields,
Agricultural pachysandra
Fungicide
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62719-423 Dithane WSP Athletic fields,
Agricultural pachysandra
Fungicide
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62719-402 Dithane DF Athletic fields,
Rainshield pachysandra
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62719-418 RH-0611 WP Athletic fields,
pachysandra
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62719-422 Fore WSP T and O Athletic fields,
Fungicide pachysandra
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Table 2.--Maneb Product Registrations with Pending Requests for Use
Deletions
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Uses proposed for
Registration No. Product name deletion
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4581-255 Maneb 80WP Apples, grapes,
Fungicide kadota figs,
sweet corn, and
seed treatment
for peanuts and
rice, and sod
farm turf
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4581-359 Maneb 4FL Apples, grapes,
kadota figs,
sweet corn, and
seed treatment
for peanuts and
rice
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4581-371 Maneb 75DF Dry Apples, grapes,
Flowable kadota figs,
Fungicide sweet corn, seed
treatment for
peanuts and rice
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Table 3.--Metiram Product Registration with Request for Voluntary
Cancellation
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Registration No. Product name Company name
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2935-540 Potato Seed Wilbur-Ellis
Treater Fungicide Company
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Table 4 of this unit includes the names and addresses of record for
the registrants of the products listed in Tables 1-3 of this unit.
Table 4.--Registrants Requesting Voluntary Cancellation and/or
Amendments to Delete Uses
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EPA Company No. Company name and address
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1812 Griffin LLC
P.O. BOX 30
Newark, DE 19714
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2935 Wilbur-Ellis Company
Product Regulatory
Department
2737 S. Golden State Blvd.
Fresno, CA 93715
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4581 Cerexagri Inc.
630 Freedom Business Center
Suite 402
King of Prussia, PA 19406
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62719 Dow AgroSciences
9330 Zionsville Rd.
Indianapolis, IN 46268
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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 Mancozeb, Maneb, and Metiram
Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the persons listed under FOR
FURTHER INFORMATION CONTACT, postmarked before December 2, 2005. 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 use termination is granted as
discussed in this notice, the Agency intends to issue a cancellation
order that will allow the registrant to continue to sell and distribute
existing stocks of products bearing old labeling for 18 months after
the date of the use termination order. Persons other than the
registrant may continue to sell and/or use existing stocks of products
bearing old labeling until such stocks are exhausted, provided that
such use is consistent with the terms of the previously approved
labeling on, or that accompanied, the cancelled product. The order will
specifically prohibit any use of existing stocks that is not consistent
with such previously approved labeling. If, as the Agency currently
intends, the final cancellation order contains the existing stocks
provision just described, the order will be sent only to the affected
registrants of the cancelled products. If the Agency determines that
the final cancellation order should contain existing stocks provisions
different than the ones just described, the Agency will publish the
cancellation order in the Federal Register.
List of Subjects
Environmental protection, Pesticides and pests, EBDCs, Mancozeb,
Maneb, Metiram.
[[Page 66392]]
Dated: October 20, 2005.
J. E. Leahy, Jr.,
Acting Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. 05-21626 Filed 11-1-05; 8:45 am]
BILLING CODE 6560-50-S