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. 

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 

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; 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, 

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 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 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 

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. 

66390 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 80 WP 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 

Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 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. 

Product 

name 

Uses proposed for 

deletion 

4581–255 Maneb 

80WP 

Fungicide 

Apples, 

grapes, 

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 

Flowable 

Fungicide 

Apples, 

grapes, 

kadota 

figs, 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 

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. 

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. 

66392 Federal Register / Vol. 70, No. 211 / Wednesday, November 2, 2005 / Notices 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2002–0311; FRL–7739–7] 

Endangered Species Protection 

Program Field Implementation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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 

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: 

I. General Information 

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. 

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 

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 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. 

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. 

II. Background 

A. What Action is the Agency Taking? 

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. 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