[Federal Register: January 6, 2010 (Volume 75, Number 3)]
[Notices]
[Page 860-862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja10-37]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0777; FRL-8806-3]
Maneb; Notice of Receipt of a Request to Voluntarily Cancel a
Pesticide Registration of a Certain Product
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 a request by the registrant to voluntarily cancel
their registration of a product containing the pesticide maneb. The
request would terminate the last maneb technical product 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 the product listed in this
notice will be permitted only if the sale, distribution, or use is
consistent with the terms as described in the final order.
DATES: Comments must be received on or before February 5, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0777, 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-
2009-0777. 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
[[Page 861]]
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: Barbara Briscoe, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8177; fax
number: (703) 308-8090; e-mail address: briscoe.barbara@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, 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 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 Drexel
Chemical Company to cancel a maneb product registration. In a letter
dated November 15, 2009, and an electronic mail message dated December
15, 2009, Drexel Chemical Company requested that EPA cancel the product
registration of the pesticide product identified in Table 1 of Unit
III.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant
to cancel a maneb product registration. The affected product and the
registrant making the request are identified in Table 1 and Table 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. 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 registrant requests 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 maneb registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed request.
Unless a request is withdrawn by the registrant on or before 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 the affected registrations.
Once this cancellation is effective there will be no other registered
maneb manufacturing use products.
Table 1.--Maneb Product Registration with Pending Requests for
Cancellation
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Registration Number Product Name Company
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019713-00377 Maneb Technical Drexel Chemical
Company
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[[Page 862]]
Table 2.--Registrant Requesting Voluntary Cancellation
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EPA Company Number Company Name and Address
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019713-00377 Drexel Chemical Company
1700 Channel Avenue
P.O. Box 13327
Memphis, TN 38113
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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 the request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve the
request.
V. Procedures for Withdrawal of Voluntary Cancellation
Registrants who choose to withdraw a request for cancellation must
submit the withdrawal, in writing, to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before February 5, 2010. 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
that are currently in the United States and were packaged, labeled, and
released for shipment prior to the effective date of the cancellation
action. EPA anticipates allowing sale, distribution, and use in the
cancellation order as described in Unit III.:
1. The registrant will be allowed to sell or distribute existing
stocks of the maneb technical product identified in Table 1 of Unit
III., until February 10, 2010.
2. The registrant will be allowed to use existing stocks to
formulate end-use products from the maneb technical product identified
in Table 1 of Unit III., until March 10, 2010.
3. Persons other than the registrant may use the maneb end use
products until exhausted. 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: December 23, 2009
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-31282 Filed 1-5-10; 8:45 am]
BILLING CODE 6560-50-S