[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Notices]
[Pages 31447-31450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10577]



[[Page 31447]]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0072; FRL-7716-3]


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 amend 
their registrations to terminate certain uses of products containing 
the pesticides mancozeb, maneb, and metiram. The requests would 
terminate mancozeb uses in or on residential lawns/turf, foliar 
application to cotton, and pineapple seed propagation treatment; maneb 
use on residential lawns/turf; and metiram use on roses. 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, identified by docket ID number OPP-2005-0072, must be 
received on or before August 1, 2005.

ADDRESSES: Comments 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 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-2005-0072. 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 submit or view public 
comments, 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

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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-2005-0072. 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-2005-0072. 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-2005-0072.
    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-2005-0072. 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.
    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 person 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 BASF, Cerexagri, Dow AgroSciences, and Griffin LLC to amend 
to terminate certain uses of 17 mancozeb product registrations, 3 maneb 
product registrations, and 1 metiram registration (Tables 1-3). These 
pesticides are broad spectrum ethylenbisdithiocarbamate (EBDC) 
fungicides used on a variety of agricultural crops, ornamentals, and 
turf. In letters dated April 18, 2005, Cerexegri, Dow AgroSciences, and 
Griffin LLC have requested that EPA terminate the uses of mancozeb on 
residential lawns/turf, foliar application to cotton, and pineapple 
propagation (seed piece treatment). The registrants named above 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, seed farms, golf courses, 
professionally managed college and professional sports fields, and 
industrial and commercial lawns. Further, in a letter dated April 18, 
2005, Cerexagri has requested that EPA terminate use of maneb on 
residential lawns/turf and remove this use from product labels. This 
registrant intends to retain use of maneb on sod farms. Last, in a 
letter dated March 14, 2005, BASF has requested that EPA terminate use 
of metiram on roses.

[[Page 31449]]

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to amend 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 at minimum 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 mancozeb, maneb, and metiram registrants have requested 
that EPA waive the 180-day comment period, and provide either a 30 or 
60 day comment period, in their letters. For consistency, EPA will 
provide a 60-day comment period on the proposed requests.
    Unless a request is withdrawn by the registrant within 60 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 amending the affected registrations.

   Table 1.--Mancozeb Product Registrations with Pending Requests for
                        Deletion of Certain Uses
------------------------------------------------------------------------
                                                       Uses Proposed for
        Registration No.             Product Name          Deletion
------------------------------------------------------------------------
4581-357                          Penncozeb Turf and  residential lawns/
                                   Ornamentals         turf
                                   Fungicide
------------------------------------------------------------------------
4581-358                          Penncozeb 80WP      cotton (foliar
                                                       application),
                                                       pineapple
                                                       propagation
------------------------------------------------------------------------
4581-370                          Penncozeb 75DF      cotton (foliar
                                                       application),
                                                       pineapple
                                                       propagation
------------------------------------------------------------------------
4581-394                          Penncozeb 4FL       cotton (foliar
                                   Flowable            application),
                                   Fungicide           pineapple
                                                       propagation,
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------
62719-387                         Dithane M45         cotton (foliar
                                                       application),
                                                       pineapple
                                                       propagation
------------------------------------------------------------------------
62719-388                         Fore 80WP           residential lawns/
                                   Rainshield          turf
------------------------------------------------------------------------
62719-396                         Dithane F-45        cotton (foliar
                                   Rainshield          application),
                                                       pineapple
                                                       propagation
------------------------------------------------------------------------
62719-398                         Dithane M-45        cotton (foliar
                                   Flowable M          application),
                                                       pineapple
                                                       propagation,
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------
62719-401                         Dithane DF70        cotton (foliar
                                                       application),
                                                       pineapple
                                                       propagation,
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------
62719-402                         Dithane DF          cotton (foliar
                                   Rainshield          application),
                                                       pineapple
                                                       propagation
------------------------------------------------------------------------
62719-418                         RH-0611 WP          residential lawns/
                                                       turf
------------------------------------------------------------------------
62719-422                         Fore WSP T & O      residential lawns/
                                   Fungicide           turf
------------------------------------------------------------------------
62719-423                         Dithane WSP         cotton (foliar
                                   Agricultural        application),
                                   Fungicide           pineapple
                                                       propagation,
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------
1812-360                          ManKocide/Junction  residential lawns/
                                                       turf
------------------------------------------------------------------------
1812-414                          Manzate 75DF/       cotton (foliar
                                   Pentathlon DF       application),
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------
1812-415                          Manzate 80WP        cotton (foliar
                                                       application),
                                                       pineapple seed
                                                       piece treatment,
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------
1812-416                          Manzate Flowable/   cotton (foliar
                                   Pentathlon LF       application),
                                                       residential lawns/
                                                       turf
------------------------------------------------------------------------


   Table 2.--Maneb Product Registrations with Pending Requests for Use
                                Deletions
------------------------------------------------------------------------
                                                       Uses Proposed for
        Registration No.             Product Name          Deletion
------------------------------------------------------------------------
4581-255                          Maneb 80WP          residential lawns/
                                   Fungicide           turf
------------------------------------------------------------------------
4581-359                          Maneb 4FL           residential lawns/
                                                       turf
------------------------------------------------------------------------

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4581-371                          Maneb 75DF Dry      residential lawns/
                                   Flowable            turf
                                   Fungicide
------------------------------------------------------------------------


   Table 3.--Metiram Product Registration with Pending Request for Use
                                Deletion
------------------------------------------------------------------------
                                                       Uses Proposed for
        Registration No.             Product Name          Deletion
------------------------------------------------------------------------
7969-105                          Polyram 80DF        Roses
                                   Fungicide
------------------------------------------------------------------------

    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 Use Deletions
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
1812                                        Griffin LLC, P.O. BOX 30,
                                             Newark, DE 19714
------------------------------------------------------------------------
4581                                        Cerexagri Inc., 630 Freedom
                                             Business Center, King of
                                             Prussia, PA 19406
-------------------------------------------
7969                                        BASF Corporation
                                             Agricultural Products, P.O.
                                             BOX 13528, Research
                                             Triangle Park, NC 27709-
                                             3528
------------------------------------------------------------------------
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 Certain 
Reregistration of Mancozeb, Maneb, and Metiram

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before  60 days after date of 
publication in the Federal Register. 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(s) 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

    If the request for use termination is granted as discussed above, 
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 to 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.

    Dated: May 18, 2005.
 Susan Lewis,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-10577 Filed 5-31-05; 8:45 am]
BILLING CODE 6560-50-S