Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices 35807 

3. Insect Resistance Management: A 

description of the compliance assurance 

program for MON 89034 x MON 88017 

must be submitted within 90 days of the 

date of registration. 

4. Insect Resistance Management: A 

revised Cry3Bb1 monitoring plan, 

incorporating MON 89034 x MON 

88017, must be submitted within 90 

days of the date of registration. 

5. Insect Resistance Management: For 

the Cry3Bb1 portion of the product, a 

discriminating or diagnostic dose assay 

must be developed, validated, and 

submitted by January 31, 2010. 

6. Insect Resistance Management: For 

the Cry3Bb1 portion of the product, 

rootworm damage guidelines must be 

finalized and submitted by January 31, 

2010. 

7. Insect Resistance Management: 

Annual reports, which focus specifically 

on annual sales, grower agreements, 

grower education, compliance assurance 

program activities, and compliance 

survey results for MON 89034 x MON 

88017 must be submitted by January 

31st of each year, beginning in 2010. 

8. Insect Resistance Management: An 

annual report, summarizing insect 

resistance monitoring results for MON 

89034 x MON 88017, must be submitted 

by August 31st of each year, beginning 

in 2010. 

C. MON 89034 and MON 89034 x MON 

88017 

The following data/information must 

be submitted to the Agency to support 

the registrations of both MON 89034 

and MON 89034 x MON 88017: 

1. Residue Analytical Method (Plants): 

An independent laboratory validation of 

the analytical method for the detection 

of Cry2Ab2 and/or Cry1A.105 must be 

submitted by April 1, 2009. 

2. Aquatic Invertebrate Acute Toxicity 

Testing (Freshwater Daphnids): A 7 - to 

14–day Daphnia study must be 

performed (as per the 885 Office of 

Chemical Safety and Pollution 

Prevention (OCSPP) Harmonized 

Guidelines)) and submitted by April 1, 

2009. Alternatively, a dietary study of 

the effects on an aquatic invertebrate, 

representing the functional group of a 

leaf shredder in headwater streams, can 

be performed and submitted in lieu of 

the Daphnia study. 

3. Insect Resistance Management: 

Additional information on crossresistance of Cry1A.105, Cry1Fa, and 

Cry1Ac (preferably including binding 

site models and use of resistant 

colonies) for the target pests and how 

such cross-resistance may impact the 

durability of MON 89034 must be 

submitted by April 1, 2009 (protocol 

due by August 1, 2008). 

4. Insect Resistance Management: 

Baseline susceptibility studies and/or a 

discriminating concentration assay for 

the Cry1A.105 protein againstEuropean 

corn borer, southwestern corn borer, 

and corn earworm and for the Cry2Ab2 

protein against southwestern corn borer 

and corn earworm must be submitted by 

April 1, 2009. 

5. Insect Resistance Management: To 

support sweet corn uses, baseline 

susceptibility studies must be 

conducted on fall armyworm 

populations collected from sweet corngrowing areas and submitted by April 1, 

2010. 

V. Response to Comments 

EPA published a notice of receipt in 

the Federal Register of July 25, 2007 (72 

FR 40876) (FRL–8129–7), which 

announced that Monsanto Company had 

submitted applications to register 

pesticide products containing the new 

active ingredients, Bacillus 

thuringiensis Cry1A.105 and Cry2Ab2 

proteins and the genetic material 

necessary for their production (vector 

PV-ZMIR245) in event MON 89034 corn 

(OECD Unique Identifier: MON–89034– 

3), for use on corn. Eight comments 

were received in response to the notice 

of receipt. One comment opposed 

granting Monsanto Company rights to 

produce, sell, or manufacture pesticide 

products containing the aforementioned 

active ingredients, but no scientific 

basis was provided to support this 

position. In general, the other seven 

comments expressed support for the 

applications from Monsanto Company. 

Ultimately, none of the eight comments 

affected the Agency’s review or 

consideration of the applications, or the 

conclusions the Agency arrived at as a 

result of such review and consideration. 

Pursuant to its authority under FIFRA, 

the Agency conducted a rigorous and 

comprehensive assessment of the new 

active ingredients, along with their 

associated pesticide products, and 

concluded that use of the pesticides 

during the conditional registration 

period will not cause unreasonable 

adverse effects to human health or the 

environment and that use of the 

pesticides is in the public interest. 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: June 15, 2010. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2010–15207 Filed 6–22–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0639; FRL–8829–3] 

2-(Hydroxymethyl)-2-nitro-1,3- 

propanediol (Tris Nitro); Notice of 

Receipt of Request to Voluntarily 

Amend Registrations to Terminate 

Certain Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

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

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of a request by the 

registrant to voluntarily amend its 

2(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) product 

registrations to terminate or delete one 

or more uses. The request would delete 

2(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) use in or on 

metalworking fluids; latex paints; resin/ 

latex/polymer emulsions; specialty 

industrial products; livestock and 

poultry premises; paints, emulsions and 

thickener solutions; use as a 

preservative for packaged emulsions, 

solutions, or suspensions such as 

detergents and polishes containing 

water; use in pulp and paper-mill 

process water systems. The request 

would not terminate the last 

2(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) products 

registered for use in the United States. 

EPA intends to grant this request at the 

close of the comment period for this 

announcement unless the Agency 

receives substantive comments within 

the comment period that would merit its 

further review of the request, or unless 

the registrant withdraws its request. If 

this request is granted, any sale, 

distribution, or use of products listed in 

this notice will be permitted after the 

uses are deleted only if such sale, 

distribution, or use is consistent with 

the terms as described in the final order. 

DATES: Comments must be received on 

or before July 23, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0639, 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 

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35808 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices 

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–2009– 

0639. 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: 

Rebecca Von-Dem Hagen, 

Antimicrobials Division (7501P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 305– 

6785; fax number: (703) 308–8481; email address: vondemhagen.rebecca@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. 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. 

II. Background on the Receipt of 

Requests to Cancel and/or Amend 

Registrations to Delete Uses 

This notice announces receipt by EPA 

of a request from registrant The Dow 

Chemical Company to delete certain 

uses of 2(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) product 

registrations. In letters dated November 

19, 2009, The Dow Chemical Company 

requested EPA to amend to delete 

certain uses of pesticide product 

registrations identified in Table 1 of 

Unit III. Specifically, in response to the 

2-(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) (Case 3149) 

Preliminary Work Plan, dated 

September 16, 2009, the registrant 

submitted amendments requesting the 

deletion of the following the 2- 

(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) end-uses from 

their product labels: use in 

metalworking fluids; latex paints; resin/ 

latex/polymer emulsions; specialty 

industrial products; livestock and 

poultry premises; paints, emulsions and 

thickener solutions; as a preservative for 

packaged emulsions, solutions or 

suspensions, such as detergents and 

polishes containing water; and in pulp 

and paper-mill process water systems. 

Action on the registrants request to 

delete these uses will terminate the last 

2-(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) pesticide 

products registered in the United States 

for use in metalworking fluids; latex 

paints; resin/latex/polymer emulsions; 

specialty industrial products; paints, 

emulsions and thickener solutions; 

materials preservative for packaged 

emulsions, solutions or suspensions, 

such as detergents and polishes 

containing water; and in pulp and 

paper-mill process water systems. 

Action on the registrant request will not 

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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices 35809 

terminate the last 2-(hydroxymethyl)-2- 

nitro-1,3-propanediol (tris nitro) 

pesticide product registered in the 

United States for livestock and poultry 

premises. 

III. What Action is the Agency Taking? 

This notice announces receipt by EPA 

of a request from a registrant to delete 

certain uses of 2-(hydroxymethyl)-2- 

nitro-1,3-propanediol (tris nitro) 

product registrations. The affected 

products and the registrants making the 

requests are identified in Tables 1 and 

2 of this unit. 

Unless a request is withdrawn by the 

registrant or if the Agency determines 

that there are substantive comments that 

warrant further review of this request, 

EPA intends to issue an order amending 

the affected registrations. 

TABLE 1. — 2-(HYDROXYMETHYL)-2-NITRO-1,3-PROPANEDIOL (TRIS NITRO) PRODUCT REGISTRATIONS WITH PENDING

REQUESTS FOR AMENDMENT

Registration Number Product Name Company Uses to be Deleted 

464–657 Tris NitroTM Solid Industrial 

Bacteriostat 

The Dow Chemical Company Use in metalworking fluids; Latex 

paints; Resin/latex/polymer 

emulsions; Specialty industrial 

products; Livestock and Poultry 

Premises. 

464–658 Tris NitroTM Brand of 50% (Aqueous) For Formulating Use The Dow Chemical Company Use in metalworking fluids; Latex 

paints; Resin/latex/polymer 

emulsions; Specialty industrial 

products; Livestock and poultry 

premises. 

464–663 Tris NitroTM Brand of 50% Aqueous Tris (hydroxymethyl) 

nitromethane 

The Dow Chemical Company Use in paints, emulsions and 

thickener solutions; Use in metalworking fluids; Use as a preservative for packaged emulsions, solutions, or suspensions, such as detergents and 

polishes containing water. 

464–668 Tris NitroTM Brand of 25% Aqueous Tris (hydroxymethyl) 

nitromethane 

The Dow Chemical Company Use in metalworking fluids; Use 

as a preservative for packaged 

emulsions, solutions, or suspensions, such as detergents 

and polishes containing water. 

464–679 Tris NitroTM Brand The Dow Chemical Company Use in paints, emulsions, and 

thickener solutions; Use in metalworking fluids; Use as a preservative for packaged emulsions, solutions, or suspensions, such as detergents and 

polishes containing water; Use 

in pulp and papermill process 

water systems. 

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products listed in Table 1 of this 

unit, in sequence by EPA company 

number. This number corresponds to 

the first part of the EPA registration 

numbers of the products listed in Table 

1 of this unit. 

TABLE 2.—REGISTRANTS REQUESTING

VOLUNTARY CANCELLATION AND/OR

AMENDMENTS

EPA Company 

Number 

Company Name and 

Address 

464 ..................... The Dow Chemical 

Company 1803 Building Midland, MI 

48674 

IV. What is the Agency’s Authority for 

Taking this Action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled or 

amended to terminate one or more uses. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. 

Section 6(f)(1)(B) of FIFRA requires 

that before acting on a request for 

voluntary cancellation, EPA must 

provide a 30–day public comment 

period on the request for voluntary 

cancellation or use termination. In 

addition, FIFRA section 6(f)(1)(C) 

requires that EPA provide a 180–day 

comment period on a request for 

voluntary cancellation or termination of 

any minor agricultural use before 

granting the request, unless: 

1. The registrants request a waiver of 

the comment period, or 

2. The EPA Administrator determines 

that continued use of the pesticide 

would pose an unreasonable adverse 

effect on the environment. 

The 2-(hydroxymethyl)-2-nitro-1,3- 

propanediol (tris nitro) registrant has 

requested that EPA waive the 180–day 

comment period. Accordingly, EPA will 

provide a 30–day comment period on 

the proposed requests. 

V. Procedures for Withdrawal of 

Request 

Registrants who choose to withdraw a 

request for product cancellation or use 

deletion should submit the withdrawal 

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35810 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices 

in writing to the person listed under FOR

FURTHER INFORMATION CONTACT. If the 

products(s) have been subject to a 

previous cancellation action, the 

effective date of cancellation and all 

other provisions of any earlier 

cancellation action are controlling. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products that are 

currently in the United States and that 

were packaged, labeled, and released for 

shipment prior to the effective date of 

the action. If the request for 

amendments to delete use is granted, 

the Agency intends to publish the 

cancellation order in the Federal 

Register. 

In any order issued in response to this 

request for an amendment to delete 

uses, EPA proposes to include the 

following provisions for the treatment of 

any existing stocks of the products 

listed in Table 1 of Unit III. 

For voluntary product cancellations, 

registrants will be permitted to sell and 

distribute existing stocks of voluntarily 

canceled products for 1 year after the 

effective date of the cancellation, which 

will be the date of publication of the 

cancellation order in the Federal 

Register. Thereafter, registrants will be 

prohibited from selling or distributing 

the products identified in Table 1 of 

Unit III., except for export consistent 

with FIFRA section 17 or for proper 

disposal. 

Once EPA has approved product 

labels reflecting the requested 

amendments to delete uses, registrants 

will be permitted to sell or distribute 

products under the previously approved 

labeling for a period of 18 months after 

the date of Federal Register publication 

of the cancellation order, unless other 

restrictions have been imposed. 

Thereafter, registrants will be prohibited 

from selling or distributing the products 

whose labels include the deleted uses 

identified in Table 1 of Unit III., except 

for export consistent with FIFRA section 

17 or for proper disposal. 

Persons other than the registrant may 

sell, distribute, or use existing stocks of 

products whose labels include the 

deleted uses until supplies are 

exhausted, provided that such sale, 

distribution, or use is consistent with 

the terms of the previously approved 

labeling on, or that accompanied, the 

deleted uses. 

List of Subjects 

Environmental protection, Pesticides 

and pests, Antimicrobials. 

Dated: June 7, 2010. 

Joan Harrigan-Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–15209 Filed 6–22–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0517; FRL–8832–3] 

Registration Review; Pesticide 

Dockets Opened for Review and 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has established 

registration review dockets for the 

pesticides listed in the table in Unit 

III.A. With this document, EPA is 

opening the public comment period for 

these registration reviews. Registration 

review is EPA’s periodic review of 

pesticide registrations to ensure that 

each pesticide continues to satisfy the 

statutory standard for registration, that 

is, the pesticide can perform its 

intended function without unreasonable 

adverse effects on human health or the 

environment. Registration review 

dockets contain information that will 

assist the public in understanding the 

types of information and issues that the 

Agency may consider during the course 

of registration reviews. Through this 

program, EPA is ensuring that each 

pesticide’s registration is based on 

current scientific and other knowledge, 

including its effects on human health 

and the environment. This document 

also announces the Agency’s intent not 

to open a registration review docket for 

2-hydroxyethyl octyl sulfide. This 

pesticide does not currently have any 

actively registered pesticide products 

and is not, therefore, scheduled for 

review under the registration review 

program. 

DATES: Comments must be received on 

or before August 23, 2010. 

ADDRESSES: Submit your comments 

identified by the docket identification 

(ID) number for the specific pesticide of 

interest provided in the table in Unit 

III.A., 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 

the docket ID numbers listed in the table 

in Unit III.A. for the pesticides you are 

commenting on. 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– 

mstockstill on DSKH9S0YB1PROD with NOTICES