Pseudomonas Fluorescens; Receipt of Application for Emergency Exemption, Solicitation of Public Comment, 58287-58289 [E9-26822]
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Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Notices
registrations. These registrations are
listed in Table 1 of this unit by
registration number, product name,
58287
active ingredient, and specific uses
deleted:
TABLE 1.—REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS
EPA Registration No.
Product Name
Active Ingredient
Delete from Label
10163–274
Rubigan AS Turf and Ornamental
Fenarimol
All turf uses except golf course tees,
greens, and fairways and turf in professional athletic stadia
10163–276
Rubigan Technical
Fenarimol
All turf uses except golf course tees,
greens, and fairways and turf in professional athletic stadia
10163–290
Riverdale Patchwork
Fenarimol
All turf uses except golf course tees,
greens, and fairways and turf in professional athletic stadia
10163–302
Fenarimol Technical
Fenarimol
All turf uses except golf course tees,
greens, and fairways and turf in professional athletic stadia
Users of these products who desire
continued use on crops or sites being
deleted should contact the applicable
registrant before December 14, 2009 to
discuss withdrawal of the application
for amendment. This 30–day period will
also permit interested members of the
public to intercede with registrants prior
to the Agency’s approval of the deletion.
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products listed in
Table 1 of this unit, in sequence by EPA
company number.
TABLE 2.—REGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS
EPA Company Number
Company Name and Address
10163
Gowan Company, P.O. Box 5569, Yuma, AZ 85366-5569
III. What is the Agency’s Authority for
Taking this Action?
have been imposed, as in special review
actions.
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 amended to
delete one or more uses. The 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, the
Administrator may approve such a
request.
List of Subjects
Environmental protection, Pesticides
and pests.
IV. Procedures for Withdrawal of
Request
jlentini on DSKJ8SOYB1PROD with NOTICES
Registrants who choose to withdraw a
request for use deletion must submit the
withdrawal in writing to Mary L. Waller
using the methods in ADDRESSES. The
Agency will consider written
withdrawal requests postmarked no
later than December 14, 2009.
Dated: October 29, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. E9–26926 Filed 11–10–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0803; FRL–8796–5]
Pseudomonas Fluorescens; Receipt of
Application for Emergency Exemption,
Solicitation of Public Comment
V. Provisions for Disposition of Existing
Stocks
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
The Agency has authorized the
registrants to sell or distribute product
under the previously approved labeling
for a period of 18 months after approval
of the revision, unless other restrictions
SUMMARY: EPA has received a
quarantine exemption request from the
United States Department of Interior’s
Bureau of Reclamation to use the
pesticide Pseudomonas fluorescens
VerDate Nov<24>2008
16:12 Nov 10, 2009
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CL145A (ATCC #55799) to treat dams,
water distribution (e.g., canals, pipes
and plumbing), water treatment, water
pumping facilities, irrigation and power
generation facilities infested with
invasive quagga and zebra mussels and
associated reservoirs, water holding
marinas and watercraft, recreational
facilities (e.g., beaches, boat launches),
fish hatcheries and fish protection
facilities (e.g., fish ladders and screens).
The applicant proposes the use of a new
chemical which has not been registered
by the EPA. EPA is soliciting public
comment before making the decision
whether or not to grant the exemption.
DATES: Comments must be received on
or before November 27, 2009.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2009–0803, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
E:\FR\FM\12NON1.SGM
12NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
58288
Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Notices
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2009–
0803. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
VerDate Nov<24>2008
16:12 Nov 10, 2009
Jkt 220001
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9367; fax number: (703) 605–
0781; e-mail address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
www.regulations.gov or e-mail. Clearly
mark the part or all of the information
that you claim to be CBI. For CBI
information in a disk or CD-ROM that
you mail to EPA, mark the outside of the
disk or CD-ROM as CBI and then
identify electronically within the disk or
CD-ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
location, cultural practices, or other
factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticide
discussed in this document, compared
to the general population.
II. What Action is the Agency Taking?
Under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) (7 U.S.C. 136p), at the
discretion of the Administrator, a
Federal or State agency may be
exempted from any provision of FIFRA
if the Administrator determines that
emergency conditions exist which
require the exemption. The United
States Department of Interior’s Bureau
of Reclamation has requested the
Administrator to issue a quarantine
exemption for the use of Pseudomonas
fluorescens CL145A to treat dams, water
distribution (e.g., canals, pipes and
E:\FR\FM\12NON1.SGM
12NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / Notices
plumbing), water treatment, water
pumping facilities, irrigation and power
generation facilities infested with
invasive quagga and zebra mussels and
associated reservoirs, water holding
marinas and watercraft, recreational
facilities (e.g., beaches, boat launches),
fish hatcheries and fish protection
facilities (e.g., fish ladders and screens).
Information in accordance with 40 CFR
part 166 was submitted as part of this
request.
As part of this request, the applicant
asserts that mussel infestations are
causing physical obstruction of flow in
water conveyance systems, ranging from
roughening to complete blockage. Intake
structures such as pipes and screens are
becoming clogged, reducing delivery
capacities, pumping capabilities, and
hydropower generation functions. Flow
obstruction from mussel settlement at
Reclamation facilities has caused a
significant increase in the frequency of
high temperature alarms in cooling
systems, requiring shut-downs for
maintenance. It is often necessary to
replace plugged equipment to avoid
lengthy interruptions in operations.
Invasive mussels affect all submerged
components, conduits and other
structures such as trashracks, fish
screens, raw water distribution systems
for turbine cooling, fire suppression
systems, water intakes (service,
domestic, and irrigation), irrigation
canals, gauging stations, weirs, gates,
diffuser gratings, drains, and virtually
all types of instrumentation in contact
with raw water. Chemical degradation
(corrosion) of infrastructure is also
resulting from mussel fouling of
metallic structures and equipment.
These impacts are increasing both in
degree and frequency. The ongoing
proliferation and dispersion of mussel
populations threatens to seriously
impact Reclamation operations,
resulting in the interruption of
hydropower and water delivery at
significant economic costs.
Method of Application: MOI 401 (the
product containing Pseudomonas
fluorescens CL145A) will be applied
using standard aquatic pesticide
application equipment and or similar
equipment commonly used for chemical
injection in drinking water treatment.
This includes equipment such as
sprayers, mixers, injection pumps and/
or weighted hoses. The material will be
contained and transported in totes or
appropriate plastic chemical application
barrels. Application will be flow of
volume based. For enclosed and
confined systems (i.e. canals, irrigation,
and pipes), treated water flow rates and
chemical injection pump flow rates can
be measured by using flow meters and
VerDate Nov<24>2008
16:12 Nov 10, 2009
Jkt 220001
hand flow measurements. Turbidity
measurements before and after
application can be used as a surrogate
to measure actual applied product.
Maximum Rate of Application: Up to
200 ppm for up to 24 hours per
treatment.
Maximum Number of Applications:
Maximum of 12 applications of MOI 401
end use product (84059-L) per site.
Maximum Amount of Pesticide to be
Used: 60,000 kg active ingredient,
which equals approximately 411,000 kg
of end use product.
Maximum Volume to be Treated:
Based on the maximum amount of
pesticide to be used and the treatment
rate of 200 mg a.i./L, the maximum
volume of water that will be treated will
be 1.67 acre-feet.
This notice does not constitute a
decision by EPA on the application
itself. The regulations governing section
18 of FIFRA require publication of a
notice of receipt of an application for a
quarantine exemption proposing use of
a new chemical (i.e., an active
ingredient) which has not been
registered by EPA.
The notice provides an opportunity for
public comment on the application.
The Agency, will review and consider
all comments received during the
comment period in determining
whether to issue the quarantine
exemption requested by the United
States Department of Interior’s Bureau
of Reclamation.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: October 29, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office
of Pesticide Programs.
[FR Doc. E9–26822 Filed 11–10–09; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
Commission’s Web site (https://
www.fmc.gov) or by contacting the
Office of Agreements at (202) 523–5793
or tradeanalysis@fmc.gov.
PO 00000
Frm 00051
Fmt 4703
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58289
Agreement No.: 011426–046.
Title: West Coast of South America
Discussion Agreement.
Parties: A.P. Moller-Maersk A/S; APL
Co. Pte Ltd.; Compania Chilena de
Navigacion Interoceanica, S.A.;
Compania Sud Americana de Vapores,
S.A.; Frontier Liner Services, Inc.;
¨
Hamburg-Sud; King Ocean Services
Limited, Inc.; Mediterranean Shipping
Company, SA; Seaboard Marine Ltd.;
South Pacific Shipping Company, Ltd.;
and Trinity Shipping Line.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment removes
Maruba S.C.A. as a party to the
agreement.
Agreement No.: 012037–002.
Title: Maersk Line/CMA CGM TA3
Space Charter Agreement.
Parties: A.P. Moeller-Maersk A/S and
CMA CGM S.A.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW., Suite 900; Washington, DC 20036.
Synopsis: The amendment would
reduce the amount of space being
chartered, extend the duration of the
agreement, incorporate other
miscellaneous modifications, change the
name of the agreement, and restate the
agreement.
Agreement No.: 201202–002.
Title: Oakland MTO Agreement.
Parties: Eagle Marine Services, Ltd.;
Ports America Outer Harbor Terminal,
LLC; Seaside Transportation Service
LLC; SSA Terminals (Oakland), LLC;
Total Terminals International, LLC;
Transbay Container Terminal, Inc.; and
Trapac, Inc.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment would add
SSA Terminals, LLC as a party to the
agreement.
Agreement No.: 201203–002.
Title: Port of Oakland/Oakland
Marine Terminal Operator Agreement.
Parties: Eagle Marine Services, Ltd.;
Ports of America Outer Harbor
Terminal, LLC; Port of Oakland; Seaside
Transportation Service LLC; SSA
Terminals (Oakland), LLC; Total
Terminals International, LLC; Transbay
Container Terminal, Inc.; and Trapac,
Inc.
Filing Party: Wayne R. Rohde, Esq.;
Sher & Blackwell LLP; 1850 M Street,
NW.; Suite 900; Washington, DC 20036.
Synopsis: The amendment would add
SSA Terminals, LLC as a party to the
agreement.
By Order of the Federal Maritime
Commission.
E:\FR\FM\12NON1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Notices]
[Pages 58287-58289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26822]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0803; FRL-8796-5]
Pseudomonas Fluorescens; Receipt of Application for Emergency
Exemption, Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has received a quarantine exemption request from the
United States Department of Interior's Bureau of Reclamation to use the
pesticide Pseudomonas fluorescens CL145A (ATCC 55799) to treat
dams, water distribution (e.g., canals, pipes and plumbing), water
treatment, water pumping facilities, irrigation and power generation
facilities infested with invasive quagga and zebra mussels and
associated reservoirs, water holding marinas and watercraft,
recreational facilities (e.g., beaches, boat launches), fish hatcheries
and fish protection facilities (e.g., fish ladders and screens). The
applicant proposes the use of a new chemical which has not been
registered by the EPA. EPA is soliciting public comment before making
the decision whether or not to grant the exemption.
DATES: Comments must be received on or before November 27, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0803, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
[[Page 58288]]
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0803. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at https://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Andrew Ertman, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9367; fax number: (703) 605-0781; e-mail address:
ertman.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticide
discussed in this document, compared to the general population.
II. What Action is the Agency Taking?
Under section 18 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the
Administrator, a Federal or State agency may be exempted from any
provision of FIFRA if the Administrator determines that emergency
conditions exist which require the exemption. The United States
Department of Interior's Bureau of Reclamation has requested the
Administrator to issue a quarantine exemption for the use of
Pseudomonas fluorescens CL145A to treat dams, water distribution (e.g.,
canals, pipes and
[[Page 58289]]
plumbing), water treatment, water pumping facilities, irrigation and
power generation facilities infested with invasive quagga and zebra
mussels and associated reservoirs, water holding marinas and
watercraft, recreational facilities (e.g., beaches, boat launches),
fish hatcheries and fish protection facilities (e.g., fish ladders and
screens). Information in accordance with 40 CFR part 166 was submitted
as part of this request.
As part of this request, the applicant asserts that mussel
infestations are causing physical obstruction of flow in water
conveyance systems, ranging from roughening to complete blockage.
Intake structures such as pipes and screens are becoming clogged,
reducing delivery capacities, pumping capabilities, and hydropower
generation functions. Flow obstruction from mussel settlement at
Reclamation facilities has caused a significant increase in the
frequency of high temperature alarms in cooling systems, requiring
shut-downs for maintenance. It is often necessary to replace plugged
equipment to avoid lengthy interruptions in operations. Invasive
mussels affect all submerged components, conduits and other structures
such as trashracks, fish screens, raw water distribution systems for
turbine cooling, fire suppression systems, water intakes (service,
domestic, and irrigation), irrigation canals, gauging stations, weirs,
gates, diffuser gratings, drains, and virtually all types of
instrumentation in contact with raw water. Chemical degradation
(corrosion) of infrastructure is also resulting from mussel fouling of
metallic structures and equipment. These impacts are increasing both in
degree and frequency. The ongoing proliferation and dispersion of
mussel populations threatens to seriously impact Reclamation
operations, resulting in the interruption of hydropower and water
delivery at significant economic costs.
Method of Application: MOI 401 (the product containing Pseudomonas
fluorescens CL145A) will be applied using standard aquatic pesticide
application equipment and or similar equipment commonly used for
chemical injection in drinking water treatment. This includes equipment
such as sprayers, mixers, injection pumps and/or weighted hoses. The
material will be contained and transported in totes or appropriate
plastic chemical application barrels. Application will be flow of
volume based. For enclosed and confined systems (i.e. canals,
irrigation, and pipes), treated water flow rates and chemical injection
pump flow rates can be measured by using flow meters and hand flow
measurements. Turbidity measurements before and after application can
be used as a surrogate to measure actual applied product.
Maximum Rate of Application: Up to 200 ppm for up to 24 hours per
treatment.
Maximum Number of Applications: Maximum of 12 applications of MOI
401 end use product (84059-L) per site.
Maximum Amount of Pesticide to be Used: 60,000 kg active
ingredient, which equals approximately 411,000 kg of end use product.
Maximum Volume to be Treated: Based on the maximum amount of
pesticide to be used and the treatment rate of 200 mg a.i./L, the
maximum volume of water that will be treated will be 1.67 acre-feet.
This notice does not constitute a decision by EPA on the
application itself. The regulations governing section 18 of FIFRA
require publication of a notice of receipt of an application for a
quarantine exemption proposing use of a new chemical (i.e., an active
ingredient) which has not been registered by EPA.
The notice provides an opportunity for public comment on the
application.
The Agency, will review and consider all comments received during
the comment period in determining whether to issue the quarantine
exemption requested by the United States Department of Interior's
Bureau of Reclamation.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: October 29, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E9-26822 Filed 11-10-09; 8:45 am]
BILLING CODE 6560-50-S
