Kasugamycin; Receipt of Application for Emergency Exemption for Use on Apples in Michigan, Solicitation of Public Comment, 11454-11456 [2011-4369]

Download as PDF 11454 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices emcdonald on DSK2BSOYB1PROD with NOTICES 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 pesticides 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 Texas Department of Agriculture (TDA) has requested the Administrator to issue a specific exemption for the use of dinotefuran on rice to control rice stink VerDate Mar<15>2010 16:34 Mar 01, 2011 Jkt 223001 bug (Oebalus pugnax). 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 main impact of rice stink bug in this case is not yield loss, but rather quality loss in the harvested rice. Its feeding activity causes grain to develop a pattern of light yellow to black spot, commonly known as ‘‘peck’’ rice. The presence of peck grains lowers the grade (milling quality) and market value of the grain. According to the TDA request, the populations of rice stink bug have been increasing in rice growing areas. Reasons given for this increase include loss of efficacy in the few registered insecticides (lamdacyhlothrin; methyl parathion; gammacyhalothrin; zeta-cypermethrin; and carbaryl) and the increasing prevalence of harvesting a second (ratoon) rice crop in Texas. A second crop allows greater numbers of stink bugs to survive and reproduce than would be possible when only a single crop is harvested. TDA estimates that use of dinotefuran would significantly reduce pest related control costs and rice quality losses, saving the Texas rice industry $1.54 million annually. The Applicant proposes to make no more than two applications per acre per season applied by air at a rate of 7.5 to 10.5 oz. of product per acre (0.09375 to 0.131 pounds of a.i./acre). A 7-day preharvest interval is required. A maximum of 150,000 acres of rice will be treated between June 7 to October 15, 2011. 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 a use which has been requested in 3 or more previous years, and a petition for tolerance has not yet been submitted to the Agency. 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 specific exemption requested by the Texas Department of Agriculture. List of Subjects Environmental protection, Pesticides and pests. Dated: February 18, 2011. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2011–4533 Filed 3–1–11; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2010–0179; FRL–8864–7] Kasugamycin; Receipt of Application for Emergency Exemption for Use on Apples in Michigan, Solicitation of Public Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: EPA has received a specific exemption request from the Michigan Department of Agriculture to use the pesticide kasugamycin (CAS No. 6980– 18–3) to treat up to 10,000 acres of apples to control fire blight. The applicant proposes the use of a new chemical which has not been registered by the EPA. EPA is soliciting public comments before making the decision whether or not to grant the exemption. DATES: Comments must be received on or before March 17, 2011. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2010–0179, 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 Docket Facility’s telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2010– 0179. 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 Web site is an ‘‘anonymous access’’ system, which SUMMARY: E:\FR\FM\02MRN1.SGM 02MRN1 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 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: 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 emcdonald on DSK2BSOYB1PROD with NOTICES 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). VerDate Mar<15>2010 16:34 Mar 01, 2011 Jkt 223001 • 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 https:// 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. PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 11455 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 that require the exemption. Michigan Department of Agriculture has requested the Administrator to issue a specific exemption for the use of kasugamycin on apples to control fire blight. Information in accordance with 40 CFR part 166 was submitted as part of this request. As part of this request, the applicant asserts that kasugamycin is needed to control streptomycin-resistant strains of Erwinia amylovora, the causal pathogen of fire blight, due to the lack of available alternatives and effective control practices. Without the use of kasugamycin and if weather conditions are present that favor a fire blight disease epidemic, it is likely that Michigan’s apple growers could suffer 50 percent yield losses in 2011. The Applicant proposes to make no more than three applications of Kasumin 2L on not more than 10,000 acres of apples between April 20 and May 31, 2011, in Berrien, Cass, Grand Traverse, Ionia, Kent, Montcalm, Newaygo, Oceana, Ottawa, and Van Buren counties. As currently proposed, the maximum amount of product to be applied would be 15,000 gallons. This notice does not constitute a decision by EPA on the application itself. The regulations governing section 18 of FIFRA require publication of a E:\FR\FM\02MRN1.SGM 02MRN1 11456 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 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 Michigan Department of Agriculture. List of Subjects Environmental protection, Pesticides and pests. Dated: February 16, 2011. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 2011–4369 Filed 3–1–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9274–7] Science Advisory Board Staff Office; Notification of a Public Meeting of the Chartered Science Advisory Board Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public meeting of the Chartered SAB to consider a draft report commenting on the President’s requested FY 2012 budget for EPA research and to discuss SAB plans to provide advice on Office of Research and Development (ORD) strategic research directions. DATES: The public meeting will be held on Tuesday, March 22, 2011 from 1 p.m. to 5:30 p.m. and Wednesday, March 23, 2011 from 8:30 a.m. to 12 p.m. (Eastern Daylight Time). ADDRESSES: The meeting will be held at the Umstead Hotel, Cary, North Carolina. SUMMARY: Any member of the public who wants further information concerning the meeting may contact Dr. Angela Nugent, Designated Federal Officer (DFO), EPA Science Advisory Board (1400R), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via telephone/ voice mail (202) 564–2218, fax (202) 565–2098; or e-mail at nugent.angela@epa.gov. General information concerning the SAB can be emcdonald on DSK2BSOYB1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 16:34 Mar 01, 2011 Jkt 223001 found on the EPA Web site at https:// www.epa.gov/sab. SUPPLEMENTARY INFORMATION: Background: The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDAA), codified at 42 U.S.C. 4365, to provide independent scientific and technical advice to the Administrator on the technical basis for Agency positions and regulations. The SAB is a Federal Advisory Committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. Pursuant to FACA and EPA policy, notice is hereby given that the SAB will hold a public meeting to consider a draft report on the President’s requested FY 2012 budget for research and to discuss SAB plans to provide advice on ORD strategic research directions. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. As announced in the Federal Register (76 FR 7198–7199), an SAB Research Budget Work Group met on March 3–4, 2011 to review the President’s requested Fiscal Year 2012 research budget for EPA. The chartered SAB will discuss the work group’s draft report and reach agreement on comments to provide the EPA Administrator and the Congress on the adequacy of the President’s requested research budget for the next fiscal year in light of EPA’s research needs. Since the last meeting of the chartered SAB on September 22–22, 2010 (75 FR 52940–52941), ORD has restructured its research program into six major program areas: Air, Climate, and Energy; Safe and Sustainable Water Resources; Sustainable and Healthy Communities; Chemical Safety and Sustainability; Human Health Risk Assessment; and Homeland Security. The chartered SAB will receive an update on implementation of these new program areas and initiate discussions with ORD and representatives of ORD’s Board of Scientific Councilors about plans to review ORD’s new strategic research directions. Availability of Meeting Materials: A meeting agenda and other materials for the meeting will be placed on the SAB Web site at https://epa.gov/sab. Procedures for Providing Public Input: Interested members of the public may submit relevant written or oral information for consideration on the topics included in this advisory activity. Oral Statements: To be placed on the public speaker list for the March 22–23, 2011 meeting, interested parties should notify Dr. Angela Nugent, DFO, by e- PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 mail no later than March 15, 2011. Individuals making oral statements will be limited to five minutes per speaker. Written Statements: Written statements for the March 22–23, 2011 meeting should be received in the SAB Staff Office by March 15, 2011, so that the information may be made available to the SAB for its consideration prior to this meeting. Written statements should be supplied to the DFO in the following formats: one hard copy with original signature and one electronic copy via email (acceptable file format: Adobe Acrobat PDF, MS Word, WordPerfect, MS PowerPoint, or Rich Text files in IBM–PC/Windows 98/2000/XP format). Submitters are asked to provide electronic versions of each document submitted with and without signatures, because the SAB Staff Office does not publish documents with signatures on its Web sites. Accessibility: For information on access or services for individuals with disabilities, please contact Dr. Nugent at the phone number or e-mail address noted above, preferably at least ten days prior to the meeting, to give EPA as much time as possible to process your request. Dated: February 23, 2011. Anthony F. Maciorowski, Deputy Director, EPA Science Advisory Board Staff Office. [FR Doc. 2011–4639 Filed 3–1–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0909; FRL–8859–4] Pesticide Reregistration Performance Measures and Goals Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: This notice announces EPA’s progress in meeting its performance measures and goals for pesticide reregistration during fiscal years 2009 and 2010. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA’s annual achievements in this area. This notice discusses the integration of tolerance reassessment with the reregistration process, and describes the status of various regulatory activities associated with reregistration and tolerance reassessment. The notice gives the total numbers of products reregistered and products registered under the ‘‘fasttrack’’ provisions of FIFRA. SUMMARY: E:\FR\FM\02MRN1.SGM 02MRN1

Agencies

[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11454-11456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4369]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0179; FRL-8864-7]


Kasugamycin; Receipt of Application for Emergency Exemption for 
Use on Apples in Michigan, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has received a specific exemption request from the 
Michigan Department of Agriculture to use the pesticide kasugamycin 
(CAS No. 6980-18-3) to treat up to 10,000 acres of apples to control 
fire blight. The applicant proposes the use of a new chemical which has 
not been registered by the EPA. EPA is soliciting public comments 
before making the decision whether or not to grant the exemption.

DATES: Comments must be received on or before March 17, 2011.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0179, 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 Docket Facility's telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0179. 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 Web site is an ``anonymous access'' system, 
which

[[Page 11455]]

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: 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 
https://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 that require the exemption. Michigan Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of kasugamycin on apples to control fire blight. 
Information in accordance with 40 CFR part 166 was submitted as part of 
this request.
    As part of this request, the applicant asserts that kasugamycin is 
needed to control streptomycin-resistant strains of Erwinia amylovora, 
the causal pathogen of fire blight, due to the lack of available 
alternatives and effective control practices. Without the use of 
kasugamycin and if weather conditions are present that favor a fire 
blight disease epidemic, it is likely that Michigan's apple growers 
could suffer 50 percent yield losses in 2011.
    The Applicant proposes to make no more than three applications of 
Kasumin 2L on not more than 10,000 acres of apples between April 20 and 
May 31, 2011, in Berrien, Cass, Grand Traverse, Ionia, Kent, Montcalm, 
Newaygo, Oceana, Ottawa, and Van Buren counties. As currently proposed, 
the maximum amount of product to be applied would be 15,000 gallons.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a

[[Page 11456]]

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 Michigan Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 16, 2011.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2011-4369 Filed 3-1-11; 8:45 am]
BILLING CODE 6560-50-P
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