[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]
[Page 43124-43126]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26au09-46]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0208; FRL-8429-6]
Maneb; Product Cancellation Order
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrant and accepted by the Agency, of
products containing the pesticide maneb, pursuant to section 6(f)(1) of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a September 12, 2008 Federal
Register Notice of Receipt of Requests from the United Phosphorous,
Inc. registrant to voluntarily cancel all their maneb product
registrations. These are not the last maneb products registered for use
in the United States. In the September 12, 2008 notice, EPA indicated
that it would issue an order implementing the cancellations, unless the
Agency received substantive
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comments within the 30-day comment period that would merit its further
review of these requests, or unless the registrants withdrew their
requests within this period. The Agency erroneously issued a
Cancellation Order on October 14, 2008. For the reasons set forth
below, on October 31, 2008, EPA revoked the October 14, 2008
cancellation. The Agency received and subsequently reviewed comments on
the notice. The comments are summarized below in Unit III. This order
took into consideration the comments received. Further, the registrants
did not withdraw their requests. Accordingly, EPA hereby issues in this
notice a cancellation order granting the requested cancellations. Any
distribution, sale, or use of the maneb 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 August 26, 2009.
FOR FURTHER INFORMATION CONTACT: Cynthia Giles-Parker, Registration
Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone number: (703) 305-7740; fax number: (703) 308-5320; e-mail
address: giles-parker.cynthia@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-2009-0208. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.
II. What Action is the Agency Taking?
This notice announces the cancellation, as requested by
registrants, of maneb products registered under section 3 of FIFRA.
These registrations are listed in ascending sequence by registration
number in Table 1 of this unit.
Table 1--Maneb Product Cancellations
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EPA Registration Number Product Name
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70506-177 Maneb 80 WP Fungicide
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70506-181 Maneb Technical
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70506-184 Maneb 4FL Flowable Fungicide
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70506-186 Maneb 75DF Dry Flowable
Fungicide
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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 of Canceled Maneb Products
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EPA Company Number Company Name and Address
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70506 United Phosphorous Inc.
630 Freedom Business Center,
Suite 402
King of Prussia,
Pennsylvania 19406
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III. Summary of Public Comments Received and Agency Response to
Comments
The Agency received timely comments in regards to the Federal
Register notice of September 12, 2008 (73 FR 53007)(FRL-8380-7). E.I.
du Pont de Nemours and Company (DuPont) provided a comment expressing
their concerns about the loss of the chemical if the effective date of
the cancellation is prior to May 29, 2009, due to the supply demand to
manufacture their products. On December 12, 2008, DuPont submitted to
the Docket a request to withdraw their earlier comment to the Docket.
The Florida Fruit and Vegetable Association (FFVA) expressed concern
about the cancellation of these products because of loss of use on
their winter crops in Florida which could lead to economic loss and
loss of their resistance management and IPM strategies. The alternative
chemical, mancozeb is not currently approved for many of the uses on
the maneb labels. Until a decision is made on granting tolerances for
many of these uses, this commenter believes that there is still a high
need to have maneb products in place. The final commenter expressed
their approval of the Agency's decision to remove this chemical from
the market. On October 14, 2008, the Agency issued a cancellation order
effective October 14, 2008, and 12 months to use existing stocks. The
order was issued in error and rescinded on October 31, 2008, due to:
(1) Miscommunication between EPA staff and United Phosphorous Inc.
regarding what the effective date of the cancellation time period for
sale and distribution of existing stocks should have been and (2) the
need to review the timely submitted comments.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of maneb registrations identified in Table 1 of Unit II.
Accordingly, the Agency orders that the maneb product registrations
identified in Table 1 of Unit II. are hereby canceled. Any
distribution, sale, or use of existing stocks of the products
identified in Tables 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.
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
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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 or distribute existing
stocks of maneb products identified in Table 1 of Unit II. with
previously approved labeling until December 31, 2009.
2. Persons other than the registrant may continue to sell or
distribute existing stocks of maneb products identified in Table 1 of
Unit II. with previously approved labeling until such stocks are
exhausted.
3. Persons other than the registrant may only use existing stocks
of maneb products identified in Table 1 of Unit II. for the purposes of
formulating end use products until March 2010. Any use of existing
stocks must be in a manner consistent with the previously approved
labeling for that product.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 11, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-20399 Filed 8-25-09; 8:45 a.m.]
BILLING CODE 6560-50-S