2070 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0880; FRL–8394–1] 

Pesticide Experimental Use Permit; 

Receipt of Application; Comment 

Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

receipt of an application, 85004-EUP-R, 

from MacIntosh and Associates, 

Incorporated (on behalf of Pasteuria 

Bioscience, Incorporated) requesting an 

experimental use permit (EUP) for the 

microbial nematicide, Pasteuria usgae. 

The Agency has determined that the 

permit may be of regional and national 

significance. Therefore, in accordance 

with 40 CFR 172.11(a), the Agency is 

soliciting comments on this application. 

DATES: Comments must be received on 

or before February 13, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0880, 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–2008– 

0880. 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: 

Jeannine Kausch, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347-8920; e-mail address: 

kausch.jeannine@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to food and pesticide 

manufacturers, growers, or those 

persons who are or may be required to 

conduct testing of chemical substances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), or 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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

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, 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 2071 

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(s) 

discussed in this document, compared 

to the general population. 

II. What Action is the Agency Taking? 

Under Section 5 of the FIFRA, 7 

U.S.C. 136c, EPA can allow 

manufacturers to field test pesticides 

under development. Manufacturers are 

required to obtain an EUP before testing 

new pesticides or new uses of pesticides 

if they conduct experimental field tests 

on 10 acres or more of land or one acre 

or more of water. 

Pursuant to 40 CFR 172.11(a), the 

Agency has determined that the 

following EUP application may be of 

regional and national significance, and 

therefore is seeking public comment on 

the EUP application: 

Submitter: MacIntosh and Associates, 

Incorporated on behalf of Pasteuria 

Bioscience, Incorporated; (85004-EUPR). 

Pesticide chemical: Pasteuria usgae. 

Summary of request: MacIntosh and 

Associates, Incorporated, 1203 Hartford 

Avenue, Saint Paul, MN 55116-1622, on 

behalf of Pasteuria Bioscience, 

Incorporated, 12085 Research Drive, 

Suite 185, Alachua, FL 32615, is 

requesting an EUP to apply Pasteuria 

usgae on strawberries and turf grasses 

on 385 acres in certain Florida, 

Alabama, Georgia, Mississippi, and 

North Carolina counties. The total 

quantity of product proposed for use 

with this EUP is 59,675 pounds of 

formulated product or 3,273 pounds of 

active ingredient. This microbial 

nematicide, Pasteuria usgae, currently 

has pending FIFRA section 3 

registrations for a manufacturing-use 

product and an end-use product. The 

proposed shipment/use dates for the 

EUP are September 1, 2009 through 

August 31, 2010 and the trial protocols 

include efficacy of Pasteuria usgae to 

control sting nematode (Belonolaimus 

longicaudatus) and agronomic 

observation. The registrant has 

concurrently requested a temporary 

exemption from the requirement of a 

tolerance for the proposed EUP on 

strawberries. 

A copy of the application and any 

information submitted is available for 

public review in the docket established 

for this EUP application as described 

under ADDRESSES. 

Following the review of the 

application and any comments and data 

received in response to this solicitation, 

EPA will decide whether to issue or 

deny the EUP request, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: December 29, 2008. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–205 Filed 1–13–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0525; FRL–8399–2] 

Carbaryl; Notice of Receipt of 

Requests to Voluntarily Cancel or to 

Terminate Uses of Certain Pesticide 

Registrations; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; correction. 

SUMMARY: EPA issued a notice in the 

Federal Register of August 20, 2008, 

concerning requests from registrants to 

voluntarily amend their registrations to 

terminate uses of certain carbaryl 

products, or eliminate certain 

application methods for carbaryl 

products. This document is being issued 

to correct a typographical error. 

FOR FURTHER INFORMATION CONTACT: 

Christina Scheltema, Special Review 

and Reregistration Division (7508P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308-2201; e-mail address: 

scheltema.christina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the notice a 

list of those who may be potentially 

affected by this action. If you have 

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–2008–0525. 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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. What Does this Correction Do? 

FR Doc. E8-19171 published in the 

Federal Register of August 20, 2008 (73 

FR 49184) (FRL–8379–4) is corrected as 

follows: 

On page 49189, under Unit VI. 

‘‘Provisions for Disposition of Existing 

Stocks,’’ in the second paragraph, the 

last sentence is corrected to read as 

follows: ‘‘Provided that these stocks 

bear labels previously approved by EPA, 

registrants may sell and distribute 

existing stocks of the affected products 

for 18 months from the effective date of 

the Agency’s termination order, with the 

exception of Scotts Ortho Business 

Group and Matson LLC, who may sell 

and distribute existing stocks of EPA 

Registration Numbers 239-2514 and 

8119-5, respectively, in Table 1 of Unit 

III for 24 months from the effective date 

of the Agency’s termination order. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Carbaryl, SEVIN®. 

Dated: January 6, 2009. 

Richard P. Keigwin, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–594 Filed 1–13–09; 8:45 am] 

BILLING CODE 6560–50–S 


sroberts on PROD1PC70 with NOTICES