70236 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 

Dated: November 4, 2010. 

Suzanne Rudzinski, 

Acting Director, Office of Resource 

Conservation & Recovery. 

[FR Doc. 2010–28965 Filed 11–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0829; FRL–8850–7] 

Hop Beta Acids; Receipt of Application 

for Emergency Exemption, Solicitation 

of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a specific 

exemption regional request from the 

Washington State Department of 

Agriculture, Idaho State Department of 

Agriculture, and the Oregon Department 

of Agriculture to use hop beta acids 

(CAS Reg. No. none specified) to treat 

up to 181,000 honey bee colonies in the 

Pacific North West (PNW) to control 

varroa mites. The applicants propose 

the use of a new chemical which has not 

been registered by the 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 December 2, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0829, 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– 

0829. 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 Web site 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: 

Stacey M. Groce, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–2505; fax number: (703) 605– 

0781; e-mail address: 

groce.stacey@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 http:// 

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. 

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Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70237 

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 Washington 

Department of Agriculture, Idaho State 

Department of Agriculture, and the 

Oregon Department of Agriculture have 

requested the Administrator to issue a 

specific exemption regional request for 

use of hop beta acids in honey bee hives 

to control varroa mites. Information in 

accordance with 40 CFR part 166 was 

submitted as part of this request. 

As part of this request, the applicants 

assert that the varroa mite is a highly 

destructive pest and is having a 

catastrophic effect on honey bee 

populations. The parasitic mite is 

considered the primary pest of 

honeybees and its control is necessary 

for successful beekeeping in the PNW. 

According to the applicants, the 

currently available registered products 

no longer successfully control varroa 

mites, because repeated use has 

contributed to widespread development 

of mite resistance. Further, some of the 

alternative products have been reported 

to cause bee mortality, have labeling 

limitations which make them 

impractical for large beekeeping 

operations, or provide inconsistent mite 

control. Varroa mite outbreaks are also 

associated with colony viruses, which 

result in large colony losses. 

The Applicants propose to make no 

more than three treatments per year of 

two cardboard strips, coated with liquid 

product per brood super, during the 

spring, summer and fall. Approximately 

181,000 honey bee colonies could be 

treated in all counties throughout 

Washington, Idaho, and Oregon, 

requiring 2,172,000 strips for three 

treatments. The total amount of hop beta 

acids applied would be 4,170 kilograms 

(2,172,000 × 1.92 grams of hop beta 

acids per strip), which is equivalent to 

9,194 pounds, if all honey bee colonies 

in the PNW were treated. 

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 

this specific exemption regional request 

which proposes use of a new chemical 

(i.e., an active ingredient) which has not 

been registered by EPA. 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 

Washington, Oregon, and Idaho 

Departments of Agriculture. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: November 4, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–28816 Filed 11–16–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9228–3] 

California State Motor Vehicle 

Pollution Control Standards; California 

Heavy-Duty On-Highway Otto-Cycle 

Engines and Incomplete Vehicle 

Regulations; Notice of Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Decision Granting a 

Waiver of California’s Heavy-Duty OnHighway Otto-Cycle Engines and 

Incomplete Vehicle Regulations. 

SUMMARY: The Environmental Protection 

Agency (EPA), pursuant to section 

209(b) of the Clean Air Act (Act), is 

granting California its request for a 

waiver of Clean Air Act preemption for 

three sets of amendments applicable to 

its heavy-duty Otto-cycle engines and 

incomplete vehicle regulations for the 

2004, 2005 through 2007, and 2008 and 

subsequent model year regulations. 

These amendments align each of 

California’s exhaust emission standards 

and test procedures with its federal 

counterpart in an effort to streamline 

and harmonize the California and 

federal programs. 

ADDRESSES: Materials relevant to this 

decision are contained in Docket ID No. 

EPA–HQ–OAR–2006–0018. Publicly 

available docket materials are available 

either electronically through http:// 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket in the EPA 

Headquarters Library, EPA West 

Building, Room 3334, located at 1301 

Constitution Avenue, NW., Washington, 

DC. The Public Reading Room is open 

to the public on all federal government 

work days from 8:30 a.m. to 4:30 p.m.; 

generally, it is open Monday through 

Friday, excluding holidays. The 

telephone number for the Reading Room 

is (202) 566–1744. The Air and 

Radiation Docket and Information 

Center’s Web site is http://www.epa.gov/ 

oar/docket.html. The electronic mail (email) address for the Air and Radiation 

Docket is: a-and-r-Docket@epa.gov, the 

telephone number is (202) 566–1742, 

and the fax number is (202) 566–9744. 

An electronic version of the public 

docket is available through the federal 

government’s electronic public docket 

and comment system. You may access 

EPA dockets at http:// 

www.regulations.gov. After opening the 

http://www.regulations.gov Web site, 

enter EPA–HQ–OAR–2006–0018 in the 

‘‘Enter Keyword or ID’’ fill-in box to 

view documents in the record of CARB’s 

amendments to its heavy-duty Ottocycle engines and incomplete vehicle 

regulations. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

EPA’s Office of Transportation and 

Air Quality also maintains a Web page 

that contains general information on its 

review of California waiver requests. 

Included on that page are links to 

several of the prior waiver Federal 

Register notices which are cited 

throughout today’s notice; the page can 

be accessed at http://www.epa.gov/otaq/ 

cafr.htm. 

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