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[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
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