Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 11875 

in labor costs, no capital/startup costs, 

and $400,060 in operation and 

maintenance (O&M) costs. 

Changes in the Estimates: There is no 

change in the labor hours in this ICR 

compared to the previous ICR. This is 

due to two considerations: (1) The 

regulations have not changed over the 

past three years, and are not anticipated 

to change over the next three years; and 

(2) the growth rate for the industry is 

very low, negative or non-existent, so 

there is no significant change in the 

overall burden. Also, there is no change 

in the cost burden. Since there are no 

changes in the regulatory requirements 

and there is no significant industry 

growth, the labor hours and cost figures 

in the previous ICR are used in this ICR 

and there is no change in burden to 

industry. 

Dated: March 9, 2010. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2010–5467 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0178; FRL–8815–4] 

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 

Colorado, Idaho, Michigan, New York, 

Oregon, Utah, and Washington, 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 March 29, 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: http:// 

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 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 http:// 

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 http://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 http:// 

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. 


srobinson on DSKHWCL6B1PROD with NOTICES
11876 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

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. Colorado, Idaho, 

Michigan, New York, Oregon, Utah, and 

Washington 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 

applications, the Agency concurred 

with the applicants that spirotetramat 

was necessary to ensure thrips control 

in areas experiencing thrips resistant 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 can 

vector a plant disease known as Iris 

Yellow Spot Virus. At this time, 

managing the disease vector thrips is the 

grower’s 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 in this unit. 

1. Colorado: The Colorado 

Department of Agriculture proposes to 

make no more than 2 applications of 

Movento (which contains 22.4% 

spirotetramat) on a maximum of 10,000 

acres of onion, dry bulb between May 16 

and September 30, 2010 in the Colorado 

counties of Adams, Boulder, Larimer, 

Morgan, Weld, Baca, Bent, Crowley, 

Otero, Prowers, Pueblo, Delta, and 

Montrose. 

2. Idaho: The Idaho State Department 

of Agriculture proposes to make no 

more than 2 applications of Movento on 

a maximum of 9,000 acres of onion, dry 

bulb between May 15 and September 15, 

2010 in the Idaho counties of Ada, 

Canyon, Gem, Owyhee, Payette, and 

Washington. 

3. Michigan: The Michigan 

Department of Agriculture proposes to 

make no more than 2 applications of 

Movento on a maximum of 3,800 acres 

of onion, dry bulb between June and 

September, 2010 in Michigan. 

4. New York: The New York State 

Department of Environmental 

Conservation proposes to make no more 

than 2 applications of Movento on a 

maximum of 13,000 acres of onion, dry 

bulb between June 1, and September 15, 

2010 in Orange, Orleans, Genesee, 

Oswego, Madison, Lewis, Herkimer, 

Steuben, Yates, Ontario, Wayne, and 

other counties of New York State. 

5. Oregon: The Oregon Department of 

Agriculture proposes to make no more 

than 2 applications of Movento on a 

maximum of 21,900 acres of onion, dry 

bulb between April 15 and September 

15, 2010 in the Oregon counties of 

Malheur, Morrow, Umatilla, Clackamas, 

Marion, and Klamath. 

6. Utah: The Utah Department of 

Agriculture and Food proposes to make 

no more than 2 applications of Movento 

on a maximum of 1,753 acres of onion, 

dry bulb between June 1 and September 

1, 2010 in the Utah counties of Box 

Elder, Weber, and Davis. 

7. Washington: The Washington State 

Department of Agriculture proposes to 

make no more than 2 applications of 

Movento on a maximum 20,000 acres of 

onion, dry bulb between May 15 and 

September 15, 2010 in the Washington 

counties of Adams, Benton, Franklin, 

Grant, Kittitas, Klickitat, Walla Walla, 

and Yakima. 

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 

Colorado, Idaho, Michigan, New York, 

Oregon, Utah, and Washington. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: March 3, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–5493 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–S 


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