Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices 35805 

0.05 ppm. Contact: Laura Nollen, (703) 

305–7390, e-mail address: 

nollen.laura@epa.gov. 

2. PP 9F7622. (EPA–HQ–OPP–2010– 

0287). Valent U.S.A. Company, 1600 

Riviera Ave., Suite 200, Walnut Creek, 

CA 94596–8025, proposes to amend the 

tolerance in 40 CFR 180.617 by 

decreasing the established tolerance for 

residues of the fungicide metconazole, 

5-[(4-chlorophenyl)methyl]-2,2- 

dimethyl-1-(1H-1,2,4-triazol-1- 

ylmethyl)cyclopentanol, measured as 

the sum of cis- and trans- isomers, in or 

on nut, tree (crop group 14) from 0.04 

ppm to 0.02 ppm. Independently 

validated analytical methods have been 

submitted for analyzing parent 

metconazole residues with appropriate 

sensitivity for all canola crop and 

processed commodities for which a 

tolerance is being requested. Contact: 

Tracy Keigwin, (703) 305–6605, e-mail 

address: keigwin.tracy@epa.gov. 

3. PP 9F7678. (EPA–HQ–OPP–2010– 

0268). Bayer CropScience LLC, 2 T. W. 

Alexander Drive, Research Triangle 

Park, NC 27709, proposes to amend the 

40 CFR 180.324 by revising tolerances 

for residues of the herbicide, 

bromoxynil including its metabolites 

and degradates. Compliance with the 

tolerance levels specified is to be 

determined by measuring residues of 

bromoxynil (3,5-dibromo-4- 

hydroxybenzonitrile), in or on sorghum, 

grain at 0.2 ppm; grass, hay at 5.0 ppm; 

and grass, forage at 18 ppm. Since 

bromoxynil already has tolerances on 

sorghum and grass commodities 

adequate analytical methods are in 

place to support the desired uses. 

Contact: Bethany Benbow, (703) 347– 

8072, e-mail address: 

benbow.bethany@epa.gov. 

4. PP 9F7680. (EPA–HQ–OPP–2010– 

0266). Bayer CropScience LLC, 2 T. W. 

Alexander Drive, Research Triangle 

Park, NC 27709, proposes to increase 

the tolerances in 40 CFR 180.631 for 

residues of the herbicide, pyrasulfotole 

including its metabolites and 

degradates. Compliance with the 

tolerance levels specified is to be 

determined by measuring residues of 

pyrasulfotole (AE0317309) (5-hydroxy1,3-dimethyl-1H-pyrazol-4-yl)[2- 

(methylsulfonyl)-4- 

(trifluoromethyl)phenyl]-methanone 

and its metabolite (5-Hydroxy-3-methyl1H-pyrazol-4-yl-[2-(methylsulfonyl)-4- 

(trifluoromethyl)phenyl] methanone, 

calculated as the stoichiometric 

equivalent of pyrasulfotole, in or on 

cattle, goat, hog, sheep, horse, meat at 

0.04 ppm; cattle, goat, hog, sheep, horse, 

fat at 0.04 ppm; cattle, goat, hog, sheep, 

horse, meat byproducts, except liver at 

2 ppm; and cattle, goat, hog, sheep, 

horse, liver at 8 ppm. The analytical 

method is an LC/MS/MS method which 

quantifies pyrasulfotole and its 

metabolite (5-Hydroxy-3-methyl-1Hpyrazol-4-yl)[2-(methylsulfonyl)-4- 

(trifluoromethyl) phenyl]methanone 

with an LOQ of 0.01 mg/kg. 

Pyrasulfotole and its metabolite are 

solvent extracted, hydrolyzed to 

released conjugated residues and 

purified by C18 solid phase extraction. 

Residues are quantified by LC/MS/MS 

using isotopically labeled internal 

standards. Validation of the 

methodology for the determination of 

pyrasulfotole and its metabolite 

demonstrated that it could accurately 

determine residues at the LOQ of 0.01 

ppm in all appropriate matrices. 

Pyrasulfotole and its metabolite are 

stable for at least 11 months for the 

above matrices. Contact: Bethany 

Benbow, (703) 347–8072, e-mail 

address: benbow.bethany@epa.gov. 

New Tolerance Exemptions 

1. PP 0E7701. (EPA–HQ–OPP–2008– 

0095). Ag-Chem Consulting, 12208 

Quinque Lane, Clifton, VA 21024, on 

behalf of LG Life Science, 910 Sylvan 

Ave., Englewood Cliffs, NJ 07632, 

proposes to establish an exemption from 

the requirement of a tolerance for 

residues of polyoxyethylene mono 

(tristyrylphenyl)ether (CAS No. 99734– 

09–5) applied to postharvest crops 

under 40 CFR 180.910 when used as a 

pesticide inert ingredient as a surfactant 

with a maximum of 10.0% by weight in 

pesticide formulations applied to food 

areas and food contact surfaces in food 

service and food handling 

establishments. The petitioner believes 

no analytical method is needed because 

requirements for an analytical method 

are not applicable to a request to 

establish an exemption from the 

requirement of a tolerance. Contact: 

Karen Samek, (703) 347–8825, e–mail 

address: samek.karen@epa.gov. 

2. PP 9E7660. (EPA–HQ–OPP–2010– 

0429). BASF Corporation, 100 Campus 

Dr., Florham Park, NJ 07932, proposes 

to establish an exemption from the 

requirement of a tolerance for residues 

of Acetic acid ethenyl, polymer with 

oxirane (CAS No. 25820–49–9) when 

used as a pesticide inert ingredient as a 

surfactant in pesticide formulations 

without limitation. The petitioner 

believes no analytical method is needed 

because requirements for an analytical 

method are not applicable to a request 

to establish an exemption from the 

requirement of a tolerance. Contact: 

Deirdre Sunderland, (703) 603–0851, e– 

mail address: 

sunderland.deirdre@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 15, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–15034 Filed 6–22–10; 8:45 am] 

BILLING CODE S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2007–0208; FRL–8831–5] 

Pesticide Product Registrations; 

Conditional Approvals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s issuance, pursuant to the 

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

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), of conditional 

registrations for the pesticide products, 

MON 89034 and MON 89034 x MON 

88017, containing active ingredients 

that were not in any registered pesticide 

products at the time of their respective 

submissions. 

FOR FURTHER INFORMATION CONTACT: 

Susanne Cerrelli, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8077; e-mail address: 

cerrelli.susanne@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 

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35806 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices 

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? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2007–0208. 

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. 

Pursuant to section 3(c)(2) of FIFRA, 

a copy of the approved labels, the list 

of data references, and data or other 

scientific information used to support 

these registrations, 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. 

Electronic versions of the fact sheets 

and Biopesticides Registration Action 

Documents are available at http:// 

www.epa.gov/oppbppd1/biopesticides/ 

pips/pip_list.htm. 

II. Description of New Active 

Ingredients 

EPA received applications from 

Monsanto Company, 800 North 

Lindbergh Boulevard, St. Louis, MO 

63167, to register pesticide products 

(EPA File Symbols 524–LTL and 524– 

LTA) containing the 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 (Office of Economic 

Cooperation and Development (OECD)) 

Unique Identifier: MON–89034–3). At 

the time of submission of the 

applications for registration, these active 

ingredients were not contained in any 

pesticide products registered with the 

Agency. 

III. Regulatory Conclusions 

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 applications were approved on 

June 10, 2008 for MON 89034 (EPA 

Registration Number 524–575) and 

MON 89034 x MON 88017 (EPA 

Registration Number 524–576), both for 

use on corn. The Agency approved the 

applications after considering data on 

risks associated with the proposed use 

of the 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), and information on 

social, economic, and environmental 

benefits to be derived from such use. 

Specifically, the Agency has considered 

the nature of the plant-incorporated 

protectants and their 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 

the Bacillus thuringiensis Cry1A.105 

and Cry2Ab2 proteins and the genetic 

material necessary for their production 

(vector PV-ZMIR 245) in event MON 

89034 corn (OECD Unique Identifier: 

MON–89034–3) during the period of 

conditional registration will not cause 

any unreasonable adverse effect on the 

environment, and that use of the 

pesticides 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. 

IV. Missing Data and Conditions for 

Submission 

A. MON 89034 

The following data/information must 

be submitted to the Agency to support 

the registration of MON 89034: 

1. Insect Resistance Management: 

Simulation modeling, which addresses 

the cross-resistance of Cry1A.105, 

Cry1Fa, and Cry1Ac in the cottongrowing landscape and how such crossresistance may impact the durability of 

MON 89034, must be submitted by 

April 1, 2009 (protocol due by August 

1, 2008). 

2. Insect Resistance Management: A 

copy of the MON 89034 grower 

agreement and associated stewardship 

documents must be submitted within 90 

days of the date of registration. 

3. Insect Resistance Management: A 

written description of a system, which 

assures that growers will sign grower 

agreements and persons purchasing 

MON 89034 will annually affirm that 

they are contractually bound to comply 

with the requirements of the insect 

resistance management program, must 

be submitted by August 1, 2008. 

4. Insect Resistance Management: A 

description of the compliance assurance 

program for MON 89034 must be 

submitted within 90 days of the date of 

registration. 

5. 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, must be 

submitted by January 31st of each year, 

beginning in 2010. 

6. Insect Resistance Management: An 

annual report, summarizing insect 

resistance monitoring results for MON 

89034, must be submitted by August 

31st of each year, beginning in 2010. 

B. MON 89034 x MON 88017 

The following data/information must 

be submitted to the Agency to support 

the registration of MON 89034 x MON 

88017: 

1. Insect Resistance Management: A 

copy of the MON 89034 x MON 88017 

grower agreement and associated 

stewardship documents must be 

submitted within 90 days of the date of 

registration. 

2. Insect Resistance Management: A 

written description of a system, which 

assures that growers will sign grower 

agreements and persons purchasing 

MON 89034 x MON 88017 will annually 

affirm that they are contractually bound 

to comply with the requirements of the 

insect resistance management program, 

must be submitted by August 1, 2008. 

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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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