```

[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Notices]               
[Page 57019]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se10-82]                         

[[Page 57019]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0184; FRL-8844-2]

 
 Pesticide Product Registrations; Conditional Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces Agency approval of applications 
submitted by Cheminova A/S, c/o Cheminova, Inc., to conditionally 
register the pesticide products Cheminova Flutriafol Technical and 
TOPGUARD Fungicide containing a new active ingredient not included in 
any previously registered products pursuant to the provisions of 
section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: Tamue L. Gibson, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-9096; e-mail address: Gibson.Tamue@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. 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-2009-0184. 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.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved 
label, the list of data references, the data and other scientific 
information used to support registration, 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.
    A paper copy of the fact sheet, which provides more detail on this 
registration, may be obtained from the National Technical Information 
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.

II. Did EPA Conditionally Approve the Application?

    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 Agency has 
considered the available data on the risks associated with the proposed 
use of flutriafol, and information on social, economic, and 
environmental benefits to be derived from such use. Specifically, the 
Agency has considered the nature and its 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 flutriafol during the period of 
conditional registration will not cause any unreasonable adverse effect 
on the environment, and that use of the pesticide 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.

III. Conditional Approval Form

    EPA issued a notice, published in the Federal Register of November 
18, 2009 (74 FR 59536) (FRL-8795-5), which announced that Cheminova A/
S, c/o Cheminova, Inc., 1600 Wilson Blvd., Arlington, VA 22209, had 
submitted applications to conditionally register the pesticide 
products, Cheminova Flutriafol Technical, a manufacturing use 
formulation (EPA file symbol 4787-LL), containing flutriafol at 80% an 
active ingredient not included in any previously registered product and 
TOPGUARD Fungicide, an end-use product (EPA file symbol 67760-TL), 
containing flutriafol at 11.8% an active ingredient not included in any 
previously registered product.
    Listed below are the applications conditionally approved on April 
29, 2010, for a technical and an end-use product.
    1. Cheminova Flutriafol Technical (EPA registration number 4787-55) 
was approved on April 29, 2010, as a manufacturing use product for 
formulation into end-use products for use on apples and soybeans.
    2. TOPGUARD Fungicide (EPA registration number 4787-55) was 
approved on April 29, 2010, for foliar use on soybeans to control brown 
spot, cercospora blight, frogeye leaf spot, leaf spot, powdery mildew, 
and soybean rust, and on apples to control cedar apple rust, powdery 
mildew, quince rust, and scab.

List of Subjects

    Environmental protection, Chemicals, Pests and pesticides.

    Dated: September 9, 2010.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-23288 Filed 9-16-10; 8:45 am]
BILLING CODE 6560-50-S
```