Methyl Soyate; Receipt of Application for Emergency Exemption, Solicitation of Public Comment, 40821-40823 [2010-16923]

Download as PDF Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Notices establishing the list, is an active participant with respect to the phase or issue in the proceeding for which the list is established. Southwestern Power Administration and the Oklahoma SHPO on behalf of the Caddo Nation have identified an interest in issues relating to the management of historic properties at the project. Therefore, they and their representatives will be added to the restricted service list. Accordingly, the restricted service list issued on June 8, 2010, for the Broken Bow Re-Regulation Dam Hydroelectric Project No. 12470 is revised to add the following persons: Robert Cast, Tribal Historic Preservation Officer, Caddo Nation, P.O. Box 487, Binger, OK 73009. Steven A. Porter, U.S. Department of Energy, 1000 Independence Avenue, SW., 6D–033/FORS, Washington, DC 20585. James K. McDonald, Southwestern Power Administration, One West Third Street, Suite 1522, Tulsa, OK 74103– 3539. Laurence J. Yadon, II, Southwestern Power Administration, One West Third Street, Suite 1522, Tulsa, OK 74103– 3539. Kimberly D. Bose, Secretary. [FR Doc. 2010–17157 Filed 7–13–10; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2149–131] Public Utility District No. 1 of Douglas County; Notice of Settlement Agreement and Soliciting Comments emcdonald on DSK2BSOYB1PROD with NOTICES July 7, 2010. Take notice that the following Settlement Agreement (Settlement) has been filed with the Commission and is available for public inspection. a. Type of Application: Aquatic Settlement Agreement for the relicensing of the Wells Hydroelectric Project. b. Project No.: P–2149–131. c. Date Filed: May 27, 2010. d. Applicant: Public Utility District No. 1 of Douglas County, Washington. e. Location: The existing project is located at river mile 515.6 on the Columbia River in Chelan, Douglas, and Okanogan Counties in central Washington. The project occupies 15.15 acres of Federal land administered by the Department of the Interior and the U.S. Corps of Engineers. VerDate Mar<15>2010 16:07 Jul 13, 2010 Jkt 220001 g. Filed Pursuant to Rule 602 of the Commission’s Rules of Practice and Procedure, 18 CFR 385.602 Federal Power Act 16 U.S.C. 791 (a)–825(r). h. Applicant Contact: Shane Bickford, Natural Resources Supervisor, Public Utility District No. 1 of Douglas County, 1151 Valley Mall Parkway, East Wenatchee, WA 98802–4497; (509) 881– 2208. i. FERC Contact: Kim A. Nguyen (202) 502–6105 or e-mail at kim.nguyen@ferc.gov. j. Deadline for filing comments on the Settlement: July 27, 2010. Reply comments due August 6, 2010. All comments should be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (https:// www.ferc.gov/docs-filing/ferconline.asp) under the ‘‘eFiling’’ link. For a simpler method of submitting text only comments, click on ‘‘Quick Comment.’’ For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov; call tollfree at (866) 208–3676; or, for TTY, contact (202) 502–8659. Although the Commission strongly encourages electronic filing, documents may also be paper-filed. To paper-file, mail an original and eight copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC. k. The Public Utility District No. 1 of Douglas County (Douglas PUD) filed an aquatic settlement agreement (Settlement) on behalf of Douglas PUD; U.S. Fish and Wildlife Service; U.S. Bureau of Land Management; Washington Department of Fish and Wildlife; Washington Department of Ecology; Confederated Tribes of the Colville Reservation; and Confederated Bands and Tribes of the Yakama Nation (collectively, the Parties). The Settlement resolves among the Parties all remaining aquatic resource issues and includes proposed license articles and six aquatic resource management plans for white sturgeon, bull trout, Pacific lamprey, resident fish, aquatic nuisance species and water quality. The Parties request that the Commission accept and incorporate, without material modification, all of the proposed license articles in Attachment A of the Settlement in the new project license for the Wells Project. l. A copy of the Settlement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission’s Web site at https://www.ferc.gov, using the ‘‘eLibrary’’ link. Enter the docket number, excluding the last three digits in the docket number field to access the PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 40821 document. For assistance, contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY, (202) 502–8659. A copy is also available for inspection and reproduction at the address in item h above. Register online at https:// www.ferc.gov/esubscribenow.htm to be notified via e-mail of new filings and issuances related to this or other pending projects before the Commission. For assistance, contact FERC Online Support. Kimberly D. Bose, Secretary. [FR Doc. 2010–17105 Filed 7–13–10; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2010–0398; FRL–8832–1] Methyl Soyate; Receipt of Application for Emergency Exemption, Solicitation of Public Comment AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has received a specific exemption request from the Wyoming Department of Agriculture to use the pesticide methyl soyate (BIO-LARV) (CAS Reg. No. 67762–38–3) to treat aquatic vegetation to control mosquito larvae. The applicant proposes the use of a new chemical which has not been registered by 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 July 29, 2010. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2010–0398, 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 E:\FR\FM\14JYN1.SGM 14JYN1 emcdonald on DSK2BSOYB1PROD with NOTICES 40822 Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Notices Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility’s telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2010– 0398. 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’s telephone number is (703) 305–5805. VerDate Mar<15>2010 16:07 Jul 13, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Princess Campbell, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8033; fax number: (703) 605–0781; e-mail address: campbell.princess @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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 Wyoming Department of Agriculture has requested the Administrator to issue a specific exemption for the use of methyl soyate on aquatic vegetation to control mosquito larvae. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the applicant asserts that the use of methyl soyate on aquatic vegetation will control mosquito larvae, including those that transmit the West Nile virus, in ponds within the State of Wyoming. The applicant asserts E:\FR\FM\14JYN1.SGM 14JYN1 40823 Federal Register / Vol. 75, No. 134 / Wednesday, July 14, 2010 / Notices that other products can be harmful to the environment, but methyl soyate (BIO-LARV) has been shown to have little or no side effects on other aquatic species or mammal life in or near ponds. The applicant also cites statistics detailing the number of cases of West Nile virus infections during the period 2003–2008, and reports 14 deaths over the period. Methyl soyate (BIO-LARV) will be applied at the rate of 3–5 gallons per acre depending on the density of the vegetation. Per the label the mixture will consist of 3–5 gallons of BIO-LARV to 100 gallons of water. 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 specific exemption proposing use of a new chemical (i.e., an active ingredient) which has not been registered by EPA. This 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 specific exemption requested by the Wyoming Departmrnt of Agriculture. List of Subjects Environmental protection, Pesticides and pests. Dated: June 30, 2010. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. I. General Information [FR Doc. 2010–16923 Filed 7–13–10; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0494; FRL–8827–9] Rotenone; Cancellation Order for Amendments to Terminate Uses emcdonald on DSK2BSOYB1PROD with NOTICES AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA’s order for amendments to terminate uses, voluntarily requested by the registrants and accepted by the Agency, of products containing rotenone, pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This cancellation order follows a June 7, 2006 Federal Register Notice of Receipt of Requests from the registrants listed in Table 2 of Unit II. to voluntarily amend to terminate uses of these product VerDate Mar<15>2010 16:07 Jul 13, 2010 Jkt 220001 registrations. These are not the last products containing this pesticide registered for use in the United States. In the June 7, 2006 notice, EPA indicated that it would issue an order implementing the amendments to terminate uses, unless the Agency received substantive comments within the 30 day comment period that would merit its further review of these requests, or unless the registrants withdrew their requests. The Agency received one comment on the notice but it did not merit further review of the requests. Further, the registrants did not withdraw their requests. Accordingly, EPA hereby issues in this notice a cancellation order granting the requested amendments to terminate uses. Any distribution, sale, or use of the products subject to this cancellation order is permitted only in accordance with the terms of this order, including any existing stocks provisions. DATES: The amendments are effective July 14, 2010. FOR FURTHER INFORMATION CONTACT: Katie Weyrauch, Pesticide Re-evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–0166; fax number: (703) 308–8090; e-mail address: weyrauch.katie@epa.gov. SUPPLEMENTARY 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? EPA has established a docket for this action under docket identification (ID) number EPA–HQ–OPP–2005–0494. 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 Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S–4400, One PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 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. II. What Action is the Agency Taking? This notice announces the amendments to delete uses, as requested by registrants, of products registered under section 3 of FIFRA. These registrations are listed in sequence by registration number in Table 1 of this unit. TABLE 1. – ROTENONE PRODUCT REGISTRATION AMENDMENTS TO DELETE USES EPA Registration Number Product Name Uses Deleted 655-3 Prentox Cube Powder Livestock, agriculture, residential and home owner, domestic pet uses, and all other uses EXCEPT for piscicide uses 655-69 Prentox Cube Resins Do. 655-422 Prentox Prenfish Toxicant Do. 655-691 Prentox Rotenone Fish Toxicant Powder Do. 655-805 Noxfish Fish Toxicant LiquidEmulsifiable Do. 655-806 Cube Powder Fish Toxicant Do. 655-807 Powdered Cube Root Do. 655-808 Brittle Extract of Cube Root Do. 6458-1 Cube Root Powder Do. E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Notices]
[Pages 40821-40823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16923]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0398; FRL-8832-1]


Methyl Soyate; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA has received a specific exemption request from the Wyoming 
Department of Agriculture to use the pesticide methyl soyate (BIO-LARV) 
(CAS Reg. No. 67762-38-3) to treat aquatic vegetation to control 
mosquito larvae. The applicant proposes the use of a new chemical which 
has not been registered by 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 July 29, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0398, 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

[[Page 40822]]

Friday, excluding legal holidays). Special arrangements should be made 
for deliveries of boxed information. The Docket Facility's telephone 
number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0398. 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's 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Princess Campbell, Registration 
Division (7505P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-8033; fax number: (703) 605-0781; e-
mail address: campbell.princess @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 Wyoming Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of methyl soyate on aquatic vegetation to control 
mosquito larvae. Information in accordance with 40 CFR part 166 was 
submitted as part of this request.
    As part of this request, the applicant asserts that the use of 
methyl soyate on aquatic vegetation will control mosquito larvae, 
including those that transmit the West Nile virus, in ponds within the 
State of Wyoming. The applicant asserts

[[Page 40823]]

that other products can be harmful to the environment, but methyl 
soyate (BIO-LARV) has been shown to have little or no side effects on 
other aquatic species or mammal life in or near ponds. The applicant 
also cites statistics detailing the number of cases of West Nile virus 
infections during the period 2003-2008, and reports 14 deaths over the 
period.
    Methyl soyate (BIO-LARV) will be applied at the rate of 3-5 gallons 
per acre depending on the density of the vegetation. Per the label the 
mixture will consist of 3-5 gallons of BIO-LARV to 100 gallons of 
water.
    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 
specific exemption proposing use of a new chemical (i.e., an active 
ingredient) which has not been registered by EPA. This 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 specific 
exemption requested by the Wyoming Departmrnt of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: June 30, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-16923 Filed 7-13-10; 8:45 am]
BILLING CODE 6560-50-S
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