Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 17713 

Table 2 of this unit includes the 

names and addresses of record for all 

registrants of the products in Table 1 of 

this unit, in sequence by EPA company 

number. 

TABLE 2.—REGISTRANTS OF AMENDED

PRODUCTS

EPA Company 

Number 

Company Name and Address 

100 Syngenta Crop Protection, Inc. 

P.O. Box 18300 

Greensboro, NC 27419– 

8300 

4787 Cheminova, A/S 

P.O. Box 110566 

One Park Drive, Suite 

150 

Research Triangle Park, 

NC 27709 

67760 Cheminova, Inc. 

Washington Office 

1600 Wilson Boulevard 

Suite 700 

Arlington, VA 22209 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

During the public comment period 

provided, EPA received one comment in 

response to the February 10, 2010 

Federal Register notice announcing the 

Agency’s receipt of the requests for 

voluntary amendments to terminate 

uses of products listed in Table 1 of 

Unit II. 

The commenter, Stephen A. 

McFadden, stated that organophosphate 

insecticides (OP) as a class are too 

neurotoxic to be used safely in high 

human exposure applications, such as 

indoor uses, urban aerial spray 

programs, and uses that result in high 

residual levels in foods. McFadden 

suggested that high levels of exposure to 

cholinesterase inhibitors such as OP 

insecticides – may cause a state of 

permanent hypersensitivity to 

cholinesterase inhibitors. Nonetheless, 

the commenter supported the Agency’s 

implementation of the voluntary use 

termination requests for malathion, an 

organophosphate insecticide. 

The amendments to terminate uses 

that McFadden commented on were not 

risk-based actions resulting from an 

Agency risk assessment, but were 

voluntarily requested by the registrant. 

However, McFadden’s comment 

suggests that organophosphate 

insecticides such as malathion are too 

toxic for uses other than those included 

in this cancellation action. Malathion is 

currently undergoing Registration 

Review. During this process, the Agency 

intends to review and revise its existing 

risk assessments for malathion. The 

Agency will consider McFadden’s 

comment as the human health risk 

assessment for malathion is revised. 

For these reasons, the Agency does 

not believe that the comment submitted 

during the comment period merit 

further review or a denial of the requests 

for voluntary use termination. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendments to terminate uses of 

malathion and diquat dibromide 

registrations identified in Table 1 of 

Unit II. Accordingly, the Agency orders 

that the product registrations identified 

in Table 1 of Unit II. are hereby 

amended to terminate the affected uses. 

Any distribution, sale, or use of existing 

stocks of the products identified in 

Table 1 of Unit II. in a manner 

inconsistent with any of the Provisions 

for Disposition of Existing Stocks set 

forth in Unit VI. will be considered a 

violation of FIFRA. 

V. 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. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

The effective date of the amendments to 

terminate uses is April 7, 2010. The 

cancellation order that is the subject of 

this notice includes the following 

existing stock provisions: 

The registrant may sell and distribute 

existing stocks of products listed in 

Table 1 of Unit II. under the previously 

approved labeling which includes the 

deleted uses until April 7, 2011. Persons 

other than the registrant may sell and 

distribute existing stocks of products 

listed in Table 1 of Unit II. whose labels 

include the deleted uses until 

exhausted. Use of the products whose 

labels include the deleted uses listed in 

Table 1 of Unit II. may continue until 

existing stocks are exhausted, provided 

that such use is consistent with the 

terms of the previously approved 

labeling on, or that accompanied, the 

products. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: March 26, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–7505 Filed 4–6–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0178; FRL–8818–3] 

Spirotetramat; Receipt of Applications 

for Emergency Exemptions; 

Solicitation of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received specific 

exemption requests from the States of 

Ohio, New Mexico, and Wisconsin to 

use the pesticide spirotetramat (CAS No. 

203313-25-1) to treat onion, dry bulb to 

control thrips. The applicants are 

proposing the use of a chemical whose 

registration was recently vacated. EPA is 

soliciting public comment before 

making the decision whether or not to 

grant the exemptions. 

DATES: Comments must be received on 

or before April 22, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0178 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 

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17714 Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0178. 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: Keri 

Grinstead, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8373; fax number: (703) 605– 

0781; e-mail 

address:grinstead.keri@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 

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. 

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 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. Ohio, New 

Mexico and Wisconsin have requested 

that the Administrator issue specific 

exemptions for the use of spirotetramat 

(CAS No. 203313-25-1) on onion, dry 

bulb, to control thrips. Information in 

accordance with 40 CFR part 166 was 

submitted as part of these requests, and 

is available for review at 

www.regulations.gov under Docket ID 

Number 2010-0178. 

In 2009, all of the applicants 

submitted first-time exemption requests 

for the use of spirotetramat on dry bulb 

onions to control thrips. Based on the 

information provided in those 2009 

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Federal Register / Vol. 75, No. 66 / Wednesday, April 7, 2010 / Notices 17715 

applications, the Agency concurred 

with the applicants that spirotetramat 

was necessary to ensure thrips control 

in areas experiencing thrips resistance 

to available alternatives and, in 

particular, where 6 to 8 seasonal 

applications of alternative pesticides are 

required to achieve adequate control. 

Thrips are sucking insects and growers 

are concerned about managing them 

because their feeding behavior directly 

damages the crop and also vectors a 

plant disease known as Iris Yellow Spot 

Virus. At this time, managing the 

disease vector thrips is the growers’ 

main strategy for controlling Iris Yellow 

Spot Virus. The Agency has confirmed 

this as an urgent, non-routine situation 

with potential for significant economic 

losses requiring the use of spirotetramat. 

As part of their 2010 recertification 

requests, the applicants assert that the 

emergency conditions described in their 

2009 applications continue to exist. EPA 

will review the applications and other 

available data. The 2009 and 2010 

application packages for each state are 

available for review at 

www.regulations.gov under Docket ID 

Number 2010–0178. Summary use 

information for each state is listed 

below: 

1. Ohio. The Ohio Department of 

Agriculture proposes to make no more 

than two applications of Movento 

(which contains 22.4% spirotetramat) 

on a maximum of 400 acres of onion, 

dry bulb between July 1 and September 

15, 2010 in Ohio. 

2. New Mexico. The New Mexico 

Department of Agriculture proposes to 

make no more than two applications of 

Movento on a maximum of 6,000 acres 

of onion, dry bulb between May and 

October, 2010 in the New Mexico 

counties of Chaves, Curry, Dona Ana, 

Eddy, Hidalgo, Lea, Luna, Farmington, 

Roosevelt, and Sierra. 

3. Wisconsin. The Wisconsin 

Department of Agriculture, Trade and 

Consumer Protection proposes to make 

no more than two applications of 

Movento on a maximum of 2,200 acres 

of onion, dry bulb between June 1 and 

September 15, 2010 in the Wisconsin 

counties of Columbia, Dodge, Green 

Lake, Jefferson, Kenosha, Marquette, 

Portage, Racine, Rock, Walworth, 

Waukasha, Waupaca, and Waushara. 

This notice does not constitute a 

decision by EPA on the applications 

themselves, but provides an opportunity 

for public comment on the applications. 

EPA has determined that publication of 

a notice of receipt of these applications 

for specific exemptions is appropriate 

taking into consideration the December 

23, 2009 decision of the U.S. District 

Court for the Southern District of New 

York vacating the registration of the 

spirotetramat product that is the subject 

of these emergency exemption requests. 

This vacatur is available for review at 

www.regulations.gov under Docket ID 

Number 2010–0178. 

The Agency will review and consider 

all comments received during the 

comment period in determining 

whether to issue the specific 

exemptions requested by the states of 

Ohio, New Mexico, and Wisconsin. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: March 25, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–7620 Filed 4–6–10; 8:45 a.m.] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0048; FRL–8810–7] 

Notice of Receipt of a Pesticide 

Petition Filed for Temporary Tolerance 

Exemption for Residues of 

Prohydrojasmon on Red Apple 

Varieties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of an initial filing of a 

petition requesting a temporary 

exemption from the requirement of a 

tolerance for residues of pesticide 

chemicals in or on various commodities. 

This temporary tolerance exemption is 

for the use of prohydrojasmon (PDJ) on 

red apples varieties in the state of 

California, Maryland, Michigan, New 

York, North Carolina, Oregon, 

Pennsylvania, Virginia, Washington, 

and West Virginia. PDJ is intended for 

use as a plant growth regulator. 

DATES: Comments must be received on 

or before May 7, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0048 and 

the pesticide petition number (PP) 

9G7656, 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– 

0048 and the pesticide petition number 

(PP) 9G7656. 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– 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES