4684 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices 

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, 

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 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: Pioneer Hi-Bred 

International, Inc., (29964–EUP–RR). 

Pesticide Chemicals: (1) [TC1507] 

Bacillus thuringiensis Cry1F protein and 

the genetic material (plasmid insert 

PHI8999A) necessary for its production 

in corn event DAS–;15;7–1, (2) [DAS– 

59122–7] Bacillus thuringiensis 

Cry34Ab1 and Cry35Ab1 proteins and 

the genetic material necessary for their 

production (PHP17662 T–DNA) in event 

DAS59122–7 corn (OECD Unique 

Identifier: DAS–59122–7), (3) [MON810] 

Bacillus thuringiensis Cry1Ab deltaendotoxin and the genetic material 

necessary for its production (Vestor PV– 

ZMCT01) in event MON 810 corn 

(OECD Unique Identifier: MON– 

;;81;–6)], and (4) [MIR604] Modified 

Cry3A protein and the genetic material 

necessary for its production (via 

elements of pZM26) in corn (SYN– 

IR604–8). 

Summary of Request: This application 

is for use on 3,336 acres between 

February 2011 and June 2012. Two 

protocols will be conducted, including: 

Insect resistance management and 

efficacy/expression. States and 

Commonwealth involved include: 

Arkansas, California, Colorado, Georgia, 

Hawaii, Illinois, Indiana, Iowa, Kansas, 

Louisiana, Michigan, Minnesota, 

Mississippi, Missouri, Nebraska, New 

York, North Carolina, Ohio, Oklahoma, 

Oregon, Pennsylvania, Puerto Rico, 

South Dakota, Tennessee, Texas, 

Washington, and Wisconsin. 

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: January 12, 2011. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2011–1473 Filed 1–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0830; FRL–8854–2] 

Pesticides; Science Policies; Notice of 

Withdrawal and Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA announces the 

withdrawal of two pesticide science 

policy documents that are no longer in 

use, entitled: ‘‘The Incorporation of 

Water Treatment Effects on Pesticide 

Removal and Transformations in Food 

Quality Protection Act (FQPA) Drinking 

Water Assessments,’’ dated October 25, 

2001, and ‘‘Drinking Water Screening 

Level Assessments,’’ dated September 1, 

2000. EPA also announces the 

availability of two updated pesticide 

science policy documents, entitled: 

‘‘The Development and Use of the Index 

Reservoir in Drinking Water Exposure 

Assessments,’’ dated April 15, 2010, and 

‘‘Guidance on Development and Use of 

Percent Cropped Area Adjustment,’’ 

dated September 9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Environmental Fate 

and Effects Division (7507P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 305– 

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Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices 4685 

8578; fax number: (703) 308–6181; 

e-mail address: 

echeverria.marietta@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, however, may be 

of interest to persons who produce or 

formulate pesticides or who register 

pesticide products. 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–2010–0830. 

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 

The Food Quality Protection Act of 

1996 significantly amended the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136 et seq.) and 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA) (21 U.S.C. 346). Among 

other changes, FQPA established a 

stringent health-based standard (‘‘a 

reasonable certainty of no harm’’) for 

pesticide residues in foods to assure 

protection from unacceptable pesticide 

exposure and strengthened health 

protections for infants and children 

from pesticide risks. 

Working with stakeholders and a 

Federal advisory committee, the Agency 

identified several science policy issues 

that were key to the implementation of 

FQPA and tolerance reassessment. In 

the Federal Register of October 29, 1998 

(63 FR 58038) (FRL–6041–5), EPA 

published a framework to describe the 

issues, and the public participation 

process that EPA would use to review 

the documents developed to address the 

issues identified. Following that 

process, EPA then issued a series of 

draft and revised documents concerning 

the nine science policy issues that were 

identified. The documents are available 

at http://www.epa.gov/oppfead1/trac/ 

science/. Since that time, EPA has 

periodically identified the need to 

update the documents to ensure that the 

policy and guidance provided is 

current. This Federal Register notice 

announces the withdrawal of two 

obsolete documents and the availability 

of two updated documents. 

III. Status Update for Pesticide Science 

Policy Documents 

A. Withdrawn Documents 

EPA is withdrawing the pesticide 

science policy document ‘‘The 

Incorporation of Water Treatment 

Effects on Pesticide Removal and 

Transformations in Food Quality 

Protection Act (FQPA) Drinking Water 

Assessments,’’ dated October 25, 2001, 

because it is obsolete. When drafted in 

2001, this science policy document was 

developed with two objectives: (1) To 

present a preliminary literature review 

on the impact of different treatment 

processes on pesticide removal and 

transformation in treated drinking water 

derived from ground and surface water 

sources; and (2) to describe how OPP 

would consider the impacts of drinking 

water treatment in drinking water 

exposure assessments under FQPA. 

Since the issuance of this policy 

document, OPP has adjusted its 

methods for estimating pesticide 

concentrations in drinking water, using 

a variety of data and different models. 

Up to date information on the methods, 

models and databases used for drinking 

water exposure assessments is available 

at http://www.epa.gov/pesticides/ 

science/models_db.htm. 

EPA is also withdrawing the science 

policy document entitled: ‘‘Drinking 

Water Screening Level Assessments,’’ 

dated September 1, 2000, because the 

information it provided has been 

superseded by the two updated 

documents whose availability is 

announced in the next section. 

B. Updated Documents 

The updated science policy document 

entitled ‘‘Development and Use of the 

Index Reservoir in Drinking Water 

Exposure Assessments,’’ dated April 15, 

2010, updates and supersedes the 

science policy document entitled 

‘‘Guidance for Use of the Index 

Reservoir in Drinking Water Exposure 

Assessments,’’ dated November 16, 

1999. It also reflects changes in 

procedures, error corrections, and 

editorial modifications to improve 

clarity and completeness. This science 

policy document is intended to provide 

guidance on the development and use of 

the index reservoir scenario for use in 

estimating pesticide concentrations in 

drinking water derived from vulnerable 

surface water supplies. Between 1996, 

after passage of the FQPA, and 2000 the 

Agency used the ‘‘standard pond’’ as an 

interim scenario for drinking water 

exposure. In 2000, the Agency began 

using the index reservoir scenario to 

represent a watershed capable of 

supporting a drinking water facility that 

is prone to high pesticide 

concentrations. With the use of the 

index reservoir scenario, the Office of 

Pesticide Programs was able to improve 

the quality and accuracy of its models 

for estimating pesticide concentrations 

in drinking water. This updated 

pesticide science policy document is 

available online at http://www.epa.gov/ 

oppefed1/models/water/ 

index_reservoir_dwa.html. 

The updated science policy document 

entitled ‘‘Development and Use of 

Percent Cropped Area Adjustment 

Factors in Drinking Water Exposure 

Assessments,’’ dated September 9, 2010, 

merges two previous documents, 

entitled ‘‘Percent Crop Area Adjustment 

to Tier 2 Surface Water Model Estimates 

for Pesticide Drinking Water Exposure 

Assessments,’’ dated December 7, 1999, 

and ‘‘Use of Regional Percent Crop Area 

Factors in Refined Drinking Water 

Assessments,’’ dated July 23, 2003, and 

supersedes both of them. The updated 

science policy document is intended to 

provide guidance on the development 

and use of the percent cropped area 

(PCA) adjustment factors in estimating 

the exposure in drinking water derived 

from vulnerable surface water supplies. 

Since the passage of FQPA in 1996 

through 2000, the Agency assumed the 

entire area of the watershed was planted 

with the crop of interest (i.e. crop 

coverage). In 2000, the Agency began 

using the PCA adjustment factor to 

account for the percentage of the 

watersheds planted with a crop, 

recognizing that a watershed large 

enough to support a drinking water 

facility will not usually be planted 

completely with a single crop. Use of 

this factor improves the quality and 

accuracy of OPP’s modeling of drinking 

water exposure for pesticides. This 

updated pesticide science policy 

document is available online at http:// 

www.epa.gov/oppefed1/models/water/ 

pca_adjustment_dwa.html. 

IV. Policies Not Rules 

The policy documents discussed in 

this notice are intended to provide 

guidance to EPA personnel and decision 

makers, and to the public. As a guidance 

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4686 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices 

document and not a rule, the policies in 

this guidance are not binding on either 

EPA or any outside parties. Although 

this guidance provides a starting point 

for EPA risk assessments, EPA will 

depart from its policy where the facts or 

circumstances warrant. In such cases, 

EPA will explain why a different course 

was taken. Similarly, outside parties 

remain free to assert that a policy is not 

appropriate for a specific pesticide or 

that the circumstances surrounding a 

specific risk assessment demonstrate 

that a policy should not be applied. 

List of Subjects 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests. 

Dated: January 19, 2011. 

Stephen A. Owens, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2011–1633 Filed 1–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0014; FRL–8861–4] 

Product Cancellation Order for Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

order for the cancellations, voluntarily 

requested by the registrants and 

accepted by the Agency, of the products 

listed in Table 1 of Unit II., pursuant to 

section 6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. This cancellation 

order follows a June 16, 2010 Federal 

Register Notice of Receipt of Requests 

from the registrants listed in Table 2 of 

Unit II. to voluntarily cancel these 

product registrations. In the June 16, 

2010 notice, EPA indicated that it 

would issue an order implementing the 

cancellations, unless the Agency 

received substantive comments within 

the 180-day comment period that would 

merit its further review of these 

requests, or unless the registrants 

withdrew their requests. The Agency 

did not receive any comments on the 

notice. Further, the Agency received 

notice from Waterbury Companies, Inc. 

to withdraw its cancellation request for 

product 9444–170. Accordingly, EPA 

hereby issues in this notice a 

cancellation order granting the 

requested cancellations. Any 

distribution, sale, or use of the products 

subject to this cancellation order is 

permitted only in accordance with the 

terms of this order, including any 

existing stocks provisions. 

DATES: The cancellations are effective 

January 26, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Maia Tatinclaux, Pesticide Reevaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 347– 

0123; fax number: (703) 308–8090; email address: tatinclaux.maia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may 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–2010–0014. 

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. What action is the agency taking? 

This notice announces the 

cancellation, as requested by registrants, 

of 54 products registered under FIFRA 

section 3 or section 24(c). These 

registrations are listed in sequence by 

registration number in Table 1 of this 

unit. 

TABLE 1—PRODUCT CANCELLATIONS

Registration No. Product name Active ingredients 

000004–00059 .............................................. Bonide Rose & Flower Dust ........................................ Malathion Carbaryl Captan. 

000228–00629 .............................................. SFM E–PRO 75 EG Herbicide .................................... Sulfometuron. 

000228–00683 .............................................. ET–002 ........................................................................ Sulfometuron. 

000279–03392 .............................................. CB–38–3 WB ............................................................... Piperonyl Butoxide Pyrethrins. 

000432–00800 .............................................. Esbiol 90% Concentrate .............................................. S-Bioallethrin. 

000432–00801 .............................................. Esbiothrin 90% Concentrate ........................................ Esbiothrin. 

000432–00802 .............................................. Bioallethrin 90% Concentrate ...................................... Bioallethrin. 

000432–00841 .............................................. DS 215 Professional Insecticide ................................. S-Bioallethrin Deltamethrin. 

000432–00848 .............................................. DS 210 Professional Insecticide ................................. S-Bioallethrin Deltamethrin. 

000432–0870 ................................................ Esbiol 300 Insecticide .................................................. S-Bioallethrin. 

000432–0871 ................................................ Esbiol 2000 Insecticide ................................................ S-Bioallethrin. 

000498–0149 ................................................ Chase-MM Flying and Crawling Insect Killer .............. Bioallethrin MGK 264 Permethrin. 

000498–00170 .............................................. Spraypak Wasp & Hornet Killer, Formula 2 ................ d-Allethrin Phenothrin. 

000769–00594 .............................................. R&M Permethrin Flea & Tick Dip #2 ........................... MGK 264 Permethrin. 

000769-–0965 .............................................. Sureco Permethrin Powder ......................................... Permethrin. 

002517–00022 .............................................. Double Duty Bird Guard .............................................. Paradichlorobenzene. 

002517–00049 .............................................. Sergeant’s Pump Soap for Dogs ................................ Bioallethrin MGK 264 Phenothrin. 

002517–00059 .............................................. Sergeant’s Skip-Flea Soap (with D-Phenothrin) ......... MGK 264 Phenothrin. 

002517–00067 .............................................. Sergeant’s Flea and Tick Dip ...................................... MGK 264 Permethrin. 

002517–00074 .............................................. Sergeant’s Flea & Tick Spray ..................................... MGK 264 Permethrin. 

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