Ethylenebisdithiocarbamate (EBDC) Fungicides Mancozeb, Maneb, and Metiram; Notice of Receipt of Requests to Voluntarily Cancel, Amend, or Terminate Uses of Certain Pesticide Registrations, 66388-66392 [05-21626]
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66388
Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices
(FQPA) was enacted in August 1996, to
ensure that these existing pesticide
residue limits for food and feed
commodities meet the safety standard
established by the new law. Tolerances
are considered reassessed once the
safety finding has been made or a
revocation occurs. EPA has reviewed
and made the requisite safety finding for
the dimethipin tolerances included in
this notice.
EPA is applying the principles of
public participation to all pesticides
undergoing reregistration and tolerance
reassessment. The Agency’s Pesticide
Tolerance Reassessment and
Reregistration; Public Participation
Process, published in the Federal
Register on May 14, 2004, (69 FR
26819)(FRL–7357–9) explains that in
conducting these programs, EPA is
tailoring its public participation process
to be commensurate with the level of
risk, extent of use, complexity of issues,
and degree of public concern associated
with each pesticide. Due to its limited
uses, low risks, and other factors,
dimethipin was reviewed through the
modified 4–Phase process. Through this
process, EPA worked extensively with
stakeholders and the public to reach the
regulatory decisions for dimethipin. The
Agency decided that a comment period
on the RED was not necessary, as there
were no comments received during the
Phase 3 public comment period and no
miligation measures were required.
B. What is the Agency’s Authority for
Taking this Action?
Section 4(g)(2) of FIFRA as amended
directs that, after submission of all data
concerning a pesticide active ingredient,
‘‘the Administrator shall determine
whether pesticides containing such
active ingredient are eligible for
reregistration,’’ before calling in product
specific data on individual end-use
products and either reregistering
products or taking other ‘‘appropriate
regulatory action.’’
Section 408(q) of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a(q), requires EPA to review
tolerances and exemptions for pesticide
residues in effect as of August 2, 1996,
to determine whether the tolerance or
exemption meets the requirements of
section 408(b)(2) or (c)(2) of FFDCA.
This review is to be completed by
August 3, 2006.
List of Subjects
Environmental protection, Pesticides
and pests.
VerDate Aug<31>2005
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Dated: October 21, 2005.
Debra Edwards,
Director, Special Review and Reregistration
Division, Office of Pesticide Programs.
[FR Doc. 05–21757 Filed 11–1–05; 8:45 am]
BILLING CODE 6560–50–S
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
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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,
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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; email 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,
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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
https://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 https://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.
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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 email 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;//www.epa.gov/edocket/, and
follow the online instructions for
submitting comments. Once in the
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66389
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.
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Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices
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
Registration No.
Product name
Uses proposed for deletion
1812–360
MANKOCIDE/JUNCTION
Athletic fields, pachysandra
1812–414
MANZATE 75 DF/PENTATHLON DF
Athletic fields, pachysandra
1812–415
MANZATE
Athletic fields, pachysandra
1812–416
MANZATE Flowable/PENTATHLON LF
Athletic fields, pachysandra
4581–358
Penncozeb 80WP
Athletic fields, pachysandra
4581–370
Penncozeb 75 DF
Athletic fields, pachysandra
4581–394
Penncozeb 4FL
Athletic fields, pachysandra
62719–387
Dithaner M45
Athletic fields, pachysandra
62719–388
Forer 80WP Rainshield
Athletic fields, pachysandra
62719–396
Dithane F-45 Rainshield
Athletic fields, pachysandra
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66391
TABLE 1.—MANCOZEB PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR USE DELETIONS—Continued
Registration No.
Product name
Uses proposed for deletion
62719–398
Dithane M-45 Flowable M
Athletic fields, pachysandra
62719–401
Dithane WSP Agricultural Fungicide
Athletic fields, pachysandra
62719–423
Dithane WSP Agricultural Fungicide
Athletic fields, pachysandra
62719–402
Dithane DF Rainshield
Athletic fields, pachysandra
62719–418
RH-0611 WP
Athletic fields, pachysandra
62719–422
Fore WSP T and O Fungicide
Athletic fields, pachysandra
TABLE 2.—MANEB PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR USE DELETIONS
Registration
No.
TABLE 4.—REGISTRANTS REQUESTING cancellation will apply only to the
VOLUNTARY CANCELLATION AND/OR applicable FIFRA section 6(f)(1) request
listed in this notice. If the products have
AMENDMENTS TO DELETE USES
EPA Company
No.
Product
name
Uses proposed for
deletion
Maneb
80WP
Fungicide
Apples,
grapes,
kadota
figs, sweet
corn, and
seed treatment for
peanuts
and rice,
and sod
farm turf
1812
4581–255
4581–359
4581–371
Maneb 4FL
Maneb 75DF
Dry
Flowable
Fungicide
Apples,
grapes,
kadota
figs, sweet
corn, and
seed treatment for
peanuts
and rice
Apples,
grapes,
kadota
figs, sweet
corn, seed
treatment
for peanuts and
rice
TABLE 3.—METIRAM PRODUCT REGISTRATION WITH REQUEST FOR VOLUNTARY CANCELLATION
Registration
No.
2935–540
Product
name
Company
name
Potato Seed
Treater
Fungicide
Wilbur-Ellis
Company
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.
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Company name and address
Griffin LLC
P.O. BOX 30
Newark, DE 19714
2935
Wilbur-Ellis Company
Product Regulatory Department
2737 S. Golden State
Blvd.
Fresno, CA 93715
4581
Cerexagri Inc.
630 Freedom Business
Center
Suite 402
King of Prussia, PA
19406
62719
Dow AgroSciences
9330 Zionsville Rd.
Indianapolis, IN 46268
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
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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.
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Dated: October 20, 2005.
J. E. Leahy, Jr.,
Acting Director, Special Review and
Reregistration Division, Office of Pesticide
Programs.
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2002–0311; FRL–7739–7]
Endangered Species Protection
Program Field Implementation
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This document describes how
EPA’s Office of Pesticide Programs
intends to implement its Endangered
Species Protection Program (ESPP or the
Program). The goal of the ESPP is to
carry out responsibilities under the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) in compliance
with the Endangered Species Act (ESA),
while at the same time not placing
unnecessary burden on agriculture and
other pesticide users. This document
describes EPA’s approach to
implementing its responsibilities under
section 7(a)(2) of ESA subsequent to a
determination by EPA that
geographically specific risk mitigation is
necessary to protect federally listed
threatened or endangered species or
their critical habitat. For purposes of the
ESPP, the term ‘‘listed species’’ or
‘‘endangered species’’ will encompass
species listed as threatened or
endangered, plus designated critical
habitat of these species; the term
‘‘county’’ will include counties,
parishes, and similar political
boundaries of U.S. Territories. The
implementation approach relies on
pesticide labels, as appropriate,
referring the pesticide user to
geographically specific Endangered
Species Protection Bulletins that will
contain enforceable use limitations for
the pesticide necessary to ensure the
pesticide’s use will not jeopardize the
continued existence of a listed species.
FOR FURTHER INFORMATION CONTACT: For
technical information: Arthur-Jean B.
Williams, Environmental Fate and
Effects Division (7507C), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460;
telephone number: (703) 305–7695; fax
number: (703) 305–6309; e-mail address:
williams.arty@epa.gov.
For field implementation information:
Mary Powell, Field and External Affairs
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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. Once in
the system, select ‘‘search,’’ then key in
the appropriate docket ID number.
I. General Information
[FR Doc. 05–21626 Filed 11–1–05; 8:45 am]
Division (7506C), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone
number: (703) 305–7384; fax number:
(703) 308–3259; e-mail address:
powell.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
A. What Action is the Agency Taking?
A. Does this Action Apply to Me?
This action is directed to the public
in general, and may be of particular
interest to State and Tribal regulatory
partners, other interested Federal
agencies, environmental or public
interest groups, pesticide registrants and
pesticide users. Since other entities may
also 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
technical person listed under FOR
FURTHER INFORMATION CONTACT.
This Notice describes EPA’s field
implementation plan for putting in
place any geographically specific
pesticide use limitations EPA deems
necessary to ensure EPA’s compliance
with ESA section 7(a)(2). This approach
will be used to put in place pesticide
use limitations identified as necessary
by EPA during the course of its
endangered species risk assessment
process or through consultations with
the U.S. Fish and Wildlife Service
(FWS) and the National Marine
Fisheries Service (NMFS) . These
protections or use limitations will be
enforceable by EPA under section 12 of
FIFRA.
This Notice is organized into four
units. Unit I. provides general
information about applicability of this
document and the availability of
additional information. Unit II. provides
background information, including the
Agency’s legal authority for taking this
action, and a summary of public
comments on EPA’s proposed approach
(67 FR 71549, December 2, 2002) (FRL–
7283–7) and its response to those
comments. Unit III. describes the
Program, including its scope, overall
approach, and Endangered Species
Protection Bulletins. Unit IV. contains
references to other documents used in
the development of and referenced in
this Notice.
EPA will begin using this approach to
implement geographically specific risk
mitigation for the protection of listed
species or their critical habitat upon
publication of this Notice. EPA’s plan as
described in this document, however, is
not a legally binding regulation and EPA
may decide to revise, amend, or act at
variance with the terms of this
document without providing notice and
comment under section 553 of the
Administrative Procedure Act.
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 identification (ID) number
OPP–2002–0311. 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, 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
https://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 https://www.epa.gov/edocket/
to 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.
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II. Background
B. What is the Agency’s Authority for
Taking this Action?
Since 1970, EPA has had
responsibility for regulating the sale,
distribution, and use of pesticides under
the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). EPA has
granted registrations, or licenses, for
thousands of pesticides containing
hundreds of active ingredients. These
E:\FR\FM\02NON1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66388-66392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21626]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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;//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
------------------------------------------------------------------------
Uses proposed for
Registration No. Product name deletion
------------------------------------------------------------------------
1812-360 MANKOCIDE[reg]/ Athletic fields,
JUNCTION[reg] pachysandra
------------------------------------------------------------------------
1812-414 MANZATE[reg] 75 DF/ Athletic fields,
PENTATHLON[reg] pachysandra
DF
------------------------------------------------------------------------
1812-415 MANZATE[reg] 80 WP Athletic fields,
pachysandra
------------------------------------------------------------------------
1812-416 MANZATE[reg] Athletic fields,
Flowable/ pachysandra
PENTATHLON[reg]
LF
------------------------------------------------------------------------
4581-358 Penncozeb[reg] Athletic fields,
80WP pachysandra
------------------------------------------------------------------------
4581-370 Penncozeb[reg] 75 Athletic fields,
DF pachysandra
------------------------------------------------------------------------
4581-394 Penncozeb[reg] 4FL Athletic fields,
pachysandra
------------------------------------------------------------------------
62719-387 Dithaner M45 Athletic fields,
pachysandra
------------------------------------------------------------------------
62719-388 Forer 80WP Athletic fields,
Rainshield[reg] pachysandra
------------------------------------------------------------------------
62719-396 Dithane F-45 Athletic fields,
Rainshield pachysandra
------------------------------------------------------------------------
[[Page 66391]]
62719-398 Dithane M-45 Athletic fields,
Flowable M pachysandra
------------------------------------------------------------------------
62719-401 Dithane WSP Athletic fields,
Agricultural pachysandra
Fungicide
------------------------------------------------------------------------
62719-423 Dithane WSP Athletic fields,
Agricultural pachysandra
Fungicide
------------------------------------------------------------------------
62719-402 Dithane DF Athletic fields,
Rainshield pachysandra
------------------------------------------------------------------------
62719-418 RH-0611 WP Athletic fields,
pachysandra
------------------------------------------------------------------------
62719-422 Fore WSP T and O Athletic fields,
Fungicide pachysandra
------------------------------------------------------------------------
Table 2.--Maneb Product Registrations with Pending Requests for Use
Deletions
------------------------------------------------------------------------
Uses proposed for
Registration No. Product name deletion
------------------------------------------------------------------------
4581-255 Maneb 80WP Apples, grapes,
Fungicide kadota figs,
sweet corn, and
seed treatment
for peanuts and
rice, and sod
farm turf
------------------------------------------------------------------------
4581-359 Maneb 4FL Apples, grapes,
kadota figs,
sweet corn, and
seed treatment
for peanuts and
rice
------------------------------------------------------------------------
4581-371 Maneb 75DF Dry Apples, grapes,
Flowable kadota figs,
Fungicide sweet corn, seed
treatment for
peanuts and rice
------------------------------------------------------------------------
Table 3.--Metiram Product Registration with Request for Voluntary
Cancellation
------------------------------------------------------------------------
Registration No. Product name Company name
------------------------------------------------------------------------
2935-540 Potato Seed Wilbur-Ellis
Treater Fungicide Company
------------------------------------------------------------------------
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
------------------------------------------------------------------------
EPA Company No. Company name and address
------------------------------------------------------------------------
1812 Griffin LLC
P.O. BOX 30
Newark, DE 19714
------------------------------------------------------------------------
2935 Wilbur-Ellis Company
Product Regulatory
Department
2737 S. Golden State Blvd.
Fresno, CA 93715
------------------------------------------------------------------------
4581 Cerexagri Inc.
630 Freedom Business Center
Suite 402
King of Prussia, PA 19406
------------------------------------------------------------------------
62719 Dow AgroSciences
9330 Zionsville Rd.
Indianapolis, IN 46268
------------------------------------------------------------------------
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
