Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 551 

List of Subjects 

Environmental protection. 

Dated: December 23, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–33200 Filed 1–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0130; FRL–8855–2] 

Pesticide Product Registrations; 

Conditional Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide products 

Spirotetramat Technical, Movento, BYI 

8330 150 OD Insecticide, Ultor, and 

Spirotetramat 240 SC Greenhouse & 

Nursery Insecticide/Miticide containing 

an active ingredient not included in any 

previously registered products pursuant 

to the provisions of section 3(c)(7) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

Spirotetramat is a tetramic acid 

derivative (ketoenole), and is active 

against sucking insects in vegetables, 

citrus, pome fruit, stone fruit, grapes, 

cotton and other plants. It is systemic 

(xylem and phloem mobile) and can 

control hidden pests and protect new 

shoots. 

FOR FURTHER INFORMATION CONTACT: Rita 

Kumar, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8291; e-mail address: 

kumar.rita@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. How can I get copies of this document 

and other related information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2010–0130. 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 Office of 

Pesticide Programs (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. 

In accordance with section 3(c)(2) of 

FIFRA, a copy of the approved labels, 

the list of data references, the data and 

other scientific information used to 

support registration, except for material 

specifically protected by section 10 of 

FIFRA, are also available for public 

inspection. Requests for data must be 

made in accordance with the provisions 

of the Freedom of Information Act and 

must be addressed to the Freedom of 

Information Office (A–101), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. Such requests should: 

Identify the product name and 

registration number and specify the data 

or information desired. 

A paper copy of the fact sheet, which 

provides more detail on this 

registration, may be obtained from the 

National Technical Information Service 

(NTIS), 5285 Port Royal Rd., 

Springfield, VA 22161. 

II. Did EPA conditionally approve the 

application? 

A conditional registration may be 

granted under section 3(c)(7)(C) of 

FIFRA for a new active ingredient where 

certain data are lacking, on condition 

that such data are received by the end 

of the conditional registration period 

and do not meet or exceed the risk 

criteria set forth in 40 CFR 154.7; that 

use of the pesticide during the 

conditional registration period will not 

cause unreasonable adverse effects; and 

that use of the pesticide is in the public 

interest. The Agency has considered the 

available data on the risks associated 

with the proposed use of spirotetramat, 

and information on social, economic, 

and environmental benefits to be 

derived from such use. Specifically, the 

Agency has considered the nature and 

its pattern of use, application methods 

and rates, and level and extent of 

potential exposure. Based on these 

reviews, the Agency was able to make 

basic health and safety determinations 

which show that use of spirotetramat 

during the period of conditional 

registration will not cause any 

unreasonable adverse effect on the 

environment, and that use of the 

pesticide is in the public interest. 

Consistent with section 3(c)(7)(C) of 

FIFRA, the Agency has determined that 

these conditional registrations are in the 

public interest. Use of the pesticides are 

of significance to the user community, 

and appropriate labeling, use directions, 

and other measures have been taken to 

ensure that use of the pesticides will not 

result in unreasonable adverse effects to 

man and the environment. 

III. Approved Applications 

EPA issued a notice, published in the 

Federal Register of February 26, 2010 

(75 FR 8939) (FRL–8812–8), which 

announced that Bayer CropScience and 

Bayer Environmental Science had 

submitted applications to register the 

pesticide products, Spirotetramat 

Technical, Movento, BYI 8330 150 OD 

Insecticide, Ultor, and Spirotetramat 

240 SC Greenhouse & Nursery 

Insecticide/Miticide, for control of 

insect pests, (EPA File Symbols 264– 

RNUO, 264–RNLN, 264–RNLR, 264– 

RNAL, and 432–RUTR), containing 

97.37%, 22.4%, 15.3%, 14.5%, and 

22.4% active ingredient respectively. 

These products were previously 

registered in 2008, but the registrations 

were vacated by court order on 

December 23, 2009, due to lack of 

publication of a notice of receipt of the 

registration applications in the Federal 

Register under section 3(c)(4) of FIFRA. 

As a result of the vacatur, EPA treated 

Bayer’s earlier-filed applications for 

registration as then-pending before the 

Agency. 

The applications were conditionally 

approved on October 15, 2010, as 

Spirotetramat Technical, Movento, BYI 

8330 150 OD Insecticide, Ultor, and 

Spirotetramat 240 SC Greenhouse & 

Nursery Insecticide/Miticide (EPA 

Registration Numbers 264–1049, 264– 

1050, 264–1051, 264–1065, and 432– 


jlentini on DSKJ8SOYB1PROD with NOTICES
552 Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices 

1471 respectively) for insect control on 

citrus, grapes, pome fruit, stone fruit, 

tree nuts, hops, Christmas tree 

plantations, vegetables except cucurbits, 

potato, greenhouses, nurseries, and 

interiorscapes. The registrations for enduse products were limited to 3 years, 

expiring on October 15, 2013. 

IV. Missing Data 

1. Conditional data required for 

Spirotetramat Technical consists of: 

a. Avian Reproduction Study with the 

Mallard Duck (Anas platyrhynchos) 

(OPPTS Guideline 850.2300). 

b. Immunotoxicity Study (OPPTS 

Guideline 870.6200). 

c. Subchronic Neurotoxicity Study 

(OPPTS Guideline 870.6200). 

d. Full-scale five-batch preliminary 

analysis of the technical material 

(OPPTS Guideline 830.1700). 

2. Conditional data required for the 

end-use products consists of: 

a. Residue Analysis of Nectar and 

Pollen in Flowering Citrus (OPPTS 

Guideline: Special Study). 

b. Residue Analysis of Nectar and 

Pollen in Flowering Tree Crops OPPTS 

Guideline: Special Study). 

V. Response to Comments 

EPA issued a notice, published in the 

Federal Register of February 26, 2010 

(75 FR 8939), which announced that 

Bayer CropScience and Bayer 

Environmental Science had submitted 

applications to register the pesticide 

products, Spirotetramat Technical, 

Movento, BYI 8330 150 OD Insecticide, 

Ultor, and Spirotetramat 240 SC 

Greenhouse & Nursery Insecticide/ 

Miticide. During the public comment 

period of this notice, comments were 

received from growers, nongovernmental organizations, and the 

applicant. EPA’s response to these 

comments is posted to the docket EPA– 

HQ–OPP–2010–0130. 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: December 23, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–33279 Filed 1–4–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–1070; FRL–8859–8] 

Pesticides; Availability of Pesticide 

Registration Notice Regarding the 

Residential Exposure Joint Venture 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Agency is announcing 

the availability of a Pesticide 

Registration Notice (PR Notice) 

regarding the data development efforts 

of the Residential Exposure Joint 

Venture, L.L.C. This PR Notice (PR 

Notice 2011–1) issued by the Agency on 

December 23, 2010. PR Notices are 

issued by the Office of Pesticide 

Programs (OPP) to inform pesticide 

registrants and other interested persons 

about important policies, procedures, 

and registration related decisions, and 

serve to provide guidance to pesticide 

registrants and OPP personnel. This 

particular PR Notice provides 

information concerning the formation of 

an industry task force for the 

development of data supporting 

pesticide registration, in which 

registrants may wish to participate. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Dumas, Pesticide Reevaluation Division, Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8015; fax number: 

(703) 308–8005; e-mail address: 

dumasp.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this notice if you register pesticide 

products intended for residential uses 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). Since other entities may also 

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–2010–1070. 

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 Office of 

Pesticide Programs (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. 

II. Background 

A. What action is the agency taking? 

The Agency is announcing the 

issuance of a Pesticide Registration 

Notice (PR–2011–1) that addresses the 

data development efforts of the 

Residential Exposure Joint Venture 

(REJV). When registering or periodically 

reviewing an existing registration, the 

Agency evaluates the potential risks to 

people from exposure to the pesticide in 

and around the home. The REJV was 

formed to develop information on the 

actual use patterns of residential 

pesticides that can be used by EPA, and 

other regulatory agencies responsible for 

assuring the safety of pesticides. The 

purpose of the PR Notice is to describe 

what data the REJV plans to generate, to 

describe how EPA expects to use the 

data, and to inform registrants of the 

opportunity to join REJV. 

B. What is the agency’sauthority for 

taking this action? 

The PR Notice discussed in this 

notice is intended to provide 

information to EPA personnel and 

decision makers and to pesticide 

registrants. While the requirements in 

the statutes and Agency regulations are 

binding on EPA and the applicants, this 

PR Notice is not binding on either EPA 

or pesticide registrants, and EPA may 

depart from the guidance where 

circumstances warrant and without 

prior notice. Likewise, pesticide 

registrants may assert that the guidance 

is not appropriate generally or not 

applicable to a specific pesticide or 

situation. 

List of Subjects 

Environmental protection, 

Administrative practice and procedure, 

Residential pesticide use, Pesticides and 

pests. 

Dated: December 27, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–33198 Filed 1–4–11; 8:45 am] 

BILLING CODE 6560–50–P 


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