[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]               
[Page 76830-76832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de05-118]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0177; FRL-7748-7]

 
Metiram Reregistration Eligibility Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's Reregistration 
Eligibility Decision (RED) for the pesticide metiram. The Agency's risk 
assessments and other related documents also are available in the 
metiram Docket. Metiram is registered for use on apples, potatoes, and 
ornamental plants (leatherleaf ferns) in nurseries and greenhouses. 
Metiram is a member of the ethylene bisdithiocarbamate (EBDC) group of

[[Page 76831]]

fungicides, which also includes the related active ingredients mancozeb 
and maneb. Metiram and the two other fungicides share the common 
metabolite/degradate ethylene thiourea (ETU), which has been considered 
in the metiram RED. EPA has reviewed metiram through the public 
participation process that the Agency uses to involve the public in 
developing pesticide reregistration and tolerance reassessment 
decisions. As a part of this process, the Agency announced the 
availability of the EBDC's preliminary risk assessments and supporting 
documents for a 90-day comment period and requested risk reduction 
options under docket ID number OPP-2004-0078. Through these programs, 
EPA is ensuring that all pesticides meet current health and safety 
standards.

FOR FURTHER INFORMATION CONTACT: Tawanda Spears, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8050; fax 
number: (703) 308-8005; e-mail address: spears.tawanda@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the 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 EPA-HQ- OPP-2005-0177. 
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/.

    EDOCKET, EPA's electronic public docket and comment system was 
replaced on November 25, 2005 by an enhanced federal-wide electronic 
docket management and comment system located at http://www.regulations.gov/.
 Follow the on-line instructions.

    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.

II. Background

A. What Action is the Agency Taking?

    Under section 4 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), EPA is reevaluating existing pesticides to 
ensure that they meet current scientific and regulatory standards. EPA 
has completed a RED for the pesticide, metiram under section 4(g)(2)(A) 
of FIFRA. Metiram is registered for use on apples, potatoes, and 
ornamental plants (leatherleaf ferns) in nurseries and greenhouses. 
Metiram was previously registered for use on tobacco seedlings and 
roses, but these uses have since been voluntarily canceled. There are 
no residential labels, and no agricultural uses that could result in 
exposure to metiram in residential settings. Metiram is a member of the 
EBDC group of fungicides, which also includes the related active 
ingredients mancozeb and maneb.
    EPA has determined that the data base to support reregistration is 
substantially complete and that products containing metiram are 
eligible for reregistration, provided that the risk mitigation measures 
outlined in the RED are adopted, and labels are amended to reflect 
these measures. Upon submission of any required product-specific data 
under section 4(g)(2)(B) and any necessary changes to the registration 
and labeling (either to address concerns identified in the RED or as a 
result of product-specific data), EPA will make a final reregistration 
decision under section 4(g)(2)(C) for products containing metiram.
    EPA must review tolerances and tolerance exemptions that were in 
effect when the Food Quality Protection Act (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 metiram 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 uses, risks, and other factors, metiram 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 metiram.
    The reregistration program is being conducted under Congressionally 
mandated time frames, and EPA recognizes the need both to make timely 
decisions and to involve the public. Opportunities for public comment 
were offered as this decision was being developed. Additionally, all 
issues related to this pesticide were resolved through consultations 
with stakeholders. The Agency therefore is issuing the metiram RED 
without a comment period.

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

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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: December 15, 2005.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-24464 Filed 12-27-05; 8:45 am]

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