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[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Pages 66388-66392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21626]

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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: [email protected].
    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: [email protected].

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;//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 [email protected], 
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
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