Spirotetramat; Receipt of Applications for Emergency Exemptions; Solicitation of Public Comment, 17713-17715 [2010-7620]
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products in Table 1 of
this unit, in sequence by EPA company
number.
TABLE 2.—REGISTRANTS OF AMENDED
PRODUCTS
EPA Company
Number
100
4787
67760
Company Name and Address
Syngenta Crop Protection, Inc.
P.O. Box 18300
Greensboro, NC 27419–
8300
Cheminova, A/S
P.O. Box 110566
One Park Drive, Suite
150
Research Triangle Park,
NC 27709
Cheminova, Inc.
Washington Office
1600 Wilson Boulevard
Suite 700
Arlington, VA 22209
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
III. Summary of Public Comments
Received and Agency Response to
Comments
During the public comment period
provided, EPA received one comment in
response to the February 10, 2010
Federal Register notice announcing the
Agency’s receipt of the requests for
voluntary amendments to terminate
uses of products listed in Table 1 of
Unit II.
The commenter, Stephen A.
McFadden, stated that organophosphate
insecticides (OP) as a class are too
neurotoxic to be used safely in high
human exposure applications, such as
indoor uses, urban aerial spray
programs, and uses that result in high
residual levels in foods. McFadden
suggested that high levels of exposure to
cholinesterase inhibitors such as OP
insecticides – may cause a state of
permanent hypersensitivity to
cholinesterase inhibitors. Nonetheless,
the commenter supported the Agency’s
implementation of the voluntary use
termination requests for malathion, an
organophosphate insecticide.
The amendments to terminate uses
that McFadden commented on were not
risk-based actions resulting from an
Agency risk assessment, but were
voluntarily requested by the registrant.
However, McFadden’s comment
suggests that organophosphate
insecticides such as malathion are too
toxic for uses other than those included
in this cancellation action. Malathion is
currently undergoing Registration
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
Review. During this process, the Agency
intends to review and revise its existing
risk assessments for malathion. The
Agency will consider McFadden’s
comment as the human health risk
assessment for malathion is revised.
For these reasons, the Agency does
not believe that the comment submitted
during the comment period merit
further review or a denial of the requests
for voluntary use termination.
IV. Cancellation Order
Pursuant to FIFRA section 6(f), EPA
hereby approves the requested
amendments to terminate uses of
malathion and diquat dibromide
registrations identified in Table 1 of
Unit II. Accordingly, the Agency orders
that the product registrations identified
in Table 1 of Unit II. are hereby
amended to terminate the affected uses.
Any distribution, sale, or use of existing
stocks of the products identified in
Table 1 of Unit II. in a manner
inconsistent with any of the Provisions
for Disposition of Existing Stocks set
forth in Unit VI. will be considered a
violation of FIFRA.
V. 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.
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.
The effective date of the amendments to
terminate uses is April 7, 2010. The
cancellation order that is the subject of
this notice includes the following
existing stock provisions:
The registrant may sell and distribute
existing stocks of products listed in
Table 1 of Unit II. under the previously
approved labeling which includes the
deleted uses until April 7, 2011. Persons
other than the registrant may sell and
distribute existing stocks of products
listed in Table 1 of Unit II. whose labels
include the deleted uses until
exhausted. Use of the products whose
labels include the deleted uses listed in
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17713
Table 1 of Unit II. may continue until
existing stocks are exhausted, provided
that such use is consistent with the
terms of the previously approved
labeling on, or that accompanied, the
products.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: March 26, 2010.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. 2010–7505 Filed 4–6–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0178; FRL–8818–3]
Spirotetramat; Receipt of Applications
for Emergency Exemptions;
Solicitation of Public Comment
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA has received specific
exemption requests from the States of
Ohio, New Mexico, and Wisconsin to
use the pesticide spirotetramat (CAS No.
203313-25-1) to treat onion, dry bulb to
control thrips. The applicants are
proposing the use of a chemical whose
registration was recently vacated. EPA is
soliciting public comment before
making the decision whether or not to
grant the exemptions.
DATES: Comments must be received on
or before April 22, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0178 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.
• 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
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07APN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
17714
Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2010–
0178. 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.),
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: Keri
Grinstead, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8373; fax number: (703) 605–
0781; e-mail
address:grinstead.keri@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).
PO 00000
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Fmt 4703
Sfmt 4703
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(s)
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. Ohio, New
Mexico and Wisconsin have requested
that the Administrator issue specific
exemptions for the use of spirotetramat
(CAS No. 203313-25-1) on onion, dry
bulb, to control thrips. Information in
accordance with 40 CFR part 166 was
submitted as part of these requests, and
is available for review at
www.regulations.gov under Docket ID
Number 2010-0178.
In 2009, all of the applicants
submitted first-time exemption requests
for the use of spirotetramat on dry bulb
onions to control thrips. Based on the
information provided in those 2009
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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices
applications, the Agency concurred
with the applicants that spirotetramat
was necessary to ensure thrips control
in areas experiencing thrips resistance
to available alternatives and, in
particular, where 6 to 8 seasonal
applications of alternative pesticides are
required to achieve adequate control.
Thrips are sucking insects and growers
are concerned about managing them
because their feeding behavior directly
damages the crop and also vectors a
plant disease known as Iris Yellow Spot
Virus. At this time, managing the
disease vector thrips is the growers’
main strategy for controlling Iris Yellow
Spot Virus. The Agency has confirmed
this as an urgent, non-routine situation
with potential for significant economic
losses requiring the use of spirotetramat.
As part of their 2010 recertification
requests, the applicants assert that the
emergency conditions described in their
2009 applications continue to exist. EPA
will review the applications and other
available data. The 2009 and 2010
application packages for each state are
available for review at
www.regulations.gov under Docket ID
Number 2010–0178. Summary use
information for each state is listed
below:
1. Ohio. The Ohio Department of
Agriculture proposes to make no more
than two applications of Movento
(which contains 22.4% spirotetramat)
on a maximum of 400 acres of onion,
dry bulb between July 1 and September
15, 2010 in Ohio.
2. New Mexico. The New Mexico
Department of Agriculture proposes to
make no more than two applications of
Movento on a maximum of 6,000 acres
of onion, dry bulb between May and
October, 2010 in the New Mexico
counties of Chaves, Curry, Dona Ana,
Eddy, Hidalgo, Lea, Luna, Farmington,
Roosevelt, and Sierra.
3. Wisconsin. The Wisconsin
Department of Agriculture, Trade and
Consumer Protection proposes to make
no more than two applications of
Movento on a maximum of 2,200 acres
of onion, dry bulb between June 1 and
September 15, 2010 in the Wisconsin
counties of Columbia, Dodge, Green
Lake, Jefferson, Kenosha, Marquette,
Portage, Racine, Rock, Walworth,
Waukasha, Waupaca, and Waushara.
This notice does not constitute a
decision by EPA on the applications
themselves, but provides an opportunity
for public comment on the applications.
EPA has determined that publication of
a notice of receipt of these applications
for specific exemptions is appropriate
taking into consideration the December
23, 2009 decision of the U.S. District
Court for the Southern District of New
VerDate Nov<24>2008
15:18 Apr 06, 2010
Jkt 220001
York vacating the registration of the
spirotetramat product that is the subject
of these emergency exemption requests.
This vacatur is available for review at
www.regulations.gov under Docket ID
Number 2010–0178.
The Agency will review and consider
all comments received during the
comment period in determining
whether to issue the specific
exemptions requested by the states of
Ohio, New Mexico, and Wisconsin.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: March 25, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2010–7620 Filed 4–6–10; 8:45 a.m.]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0048; FRL–8810–7]
Notice of Receipt of a Pesticide
Petition Filed for Temporary Tolerance
Exemption for Residues of
Prohydrojasmon on Red Apple
Varieties
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: This notice announces the
Agency’s receipt of an initial filing of a
petition requesting a temporary
exemption from the requirement of a
tolerance for residues of pesticide
chemicals in or on various commodities.
This temporary tolerance exemption is
for the use of prohydrojasmon (PDJ) on
red apples varieties in the state of
California, Maryland, Michigan, New
York, North Carolina, Oregon,
Pennsylvania, Virginia, Washington,
and West Virginia. PDJ is intended for
use as a plant growth regulator.
DATES: Comments must be received on
or before May 7, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0048 and
the pesticide petition number (PP)
9G7656, 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.
PO 00000
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17715
• 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–2010–
0048 and the pesticide petition number
(PP) 9G7656. 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–
E:\FR\FM\07APN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Notices]
[Pages 17713-17715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7620]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0178; FRL-8818-3]
Spirotetramat; Receipt of Applications for Emergency Exemptions;
Solicitation of Public Comment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has received specific exemption requests from the States
of Ohio, New Mexico, and Wisconsin to use the pesticide spirotetramat
(CAS No. 203313-25-1) to treat onion, dry bulb to control thrips. The
applicants are proposing the use of a chemical whose registration was
recently vacated. EPA is soliciting public comment before making the
decision whether or not to grant the exemptions.
DATES: Comments must be received on or before April 22, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0178 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.
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
[[Page 17714]]
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0178. 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: Keri Grinstead, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8373; fax number: (703) 605-0781; e-mail
address:grinstead.keri@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(s) 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. Ohio, New Mexico and
Wisconsin have requested that the Administrator issue specific
exemptions for the use of spirotetramat (CAS No. 203313-25-1) on onion,
dry bulb, to control thrips. Information in accordance with 40 CFR part
166 was submitted as part of these requests, and is available for
review at www.regulations.gov under Docket ID Number 2010-0178.
In 2009, all of the applicants submitted first-time exemption
requests for the use of spirotetramat on dry bulb onions to control
thrips. Based on the information provided in those 2009
[[Page 17715]]
applications, the Agency concurred with the applicants that
spirotetramat was necessary to ensure thrips control in areas
experiencing thrips resistance to available alternatives and, in
particular, where 6 to 8 seasonal applications of alternative
pesticides are required to achieve adequate control. Thrips are sucking
insects and growers are concerned about managing them because their
feeding behavior directly damages the crop and also vectors a plant
disease known as Iris Yellow Spot Virus. At this time, managing the
disease vector thrips is the growers' main strategy for controlling
Iris Yellow Spot Virus. The Agency has confirmed this as an urgent,
non-routine situation with potential for significant economic losses
requiring the use of spirotetramat. As part of their 2010
recertification requests, the applicants assert that the emergency
conditions described in their 2009 applications continue to exist. EPA
will review the applications and other available data. The 2009 and
2010 application packages for each state are available for review at
www.regulations.gov under Docket ID Number 2010-0178. Summary use
information for each state is listed below:
1. Ohio. The Ohio Department of Agriculture proposes to make no
more than two applications of Movento (which contains 22.4%
spirotetramat) on a maximum of 400 acres of onion, dry bulb between
July 1 and September 15, 2010 in Ohio.
2. New Mexico. The New Mexico Department of Agriculture proposes to
make no more than two applications of Movento on a maximum of 6,000
acres of onion, dry bulb between May and October, 2010 in the New
Mexico counties of Chaves, Curry, Dona Ana, Eddy, Hidalgo, Lea, Luna,
Farmington, Roosevelt, and Sierra.
3. Wisconsin. The Wisconsin Department of Agriculture, Trade and
Consumer Protection proposes to make no more than two applications of
Movento on a maximum of 2,200 acres of onion, dry bulb between June 1
and September 15, 2010 in the Wisconsin counties of Columbia, Dodge,
Green Lake, Jefferson, Kenosha, Marquette, Portage, Racine, Rock,
Walworth, Waukasha, Waupaca, and Waushara.
This notice does not constitute a decision by EPA on the
applications themselves, but provides an opportunity for public comment
on the applications. EPA has determined that publication of a notice of
receipt of these applications for specific exemptions is appropriate
taking into consideration the December 23, 2009 decision of the U.S.
District Court for the Southern District of New York vacating the
registration of the spirotetramat product that is the subject of these
emergency exemption requests. This vacatur is available for review at
www.regulations.gov under Docket ID Number 2010-0178.
The Agency will review and consider all comments received during
the comment period in determining whether to issue the specific
exemptions requested by the states of Ohio, New Mexico, and Wisconsin.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: March 25, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-7620 Filed 4-6-10; 8:45 a.m.]
BILLING CODE 6560-50-S
