28012 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

acetochlor equivalents, in or on the 

following raw agricultural commodity 

when present therein as a result of the 

application of acetochlor to the growing 

crops in paragraph (a) of 40 CFR 

180.470; peanut at 0.03 ppm. An 

adequate enforcement method for 

residues of acetochlor in crops has been 

approved. Acetochlor and its 

metabolites are hydrolyzed to either 

EMA or HEMA, which are determined 

by HPLC-OCED and expressed as 

acetochlor equivalents. Contact: Susan 

Stanton, (703) 305–5218, e-mail address: 

stanton.susan@epa.gov.be determined 

by measuring residues of pyrasulfotole 

(AE0317309) (5-hydroxy-1,3-dimethyl1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4- 

(trifluoromethyl)phenyl]methanone and 

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

(trifluoromethyl)phenyl] methanone, 

calculated as the stoichiometric 

equivalent of pyrasulfotole in or on 

cattle, goat, hog, sheep, and horse meat 

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

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

sheep, and horse, meat byproducts 

except liver at 2 ppm and cattle, goat, 

hog, sheep, and horse, liver at 8 ppm. 

The analytical method is an LC/MS/MS 

method which quantifies pyrasulfotole 

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

(trifluoromethyl)phenyl]methanone 

with an LOQ of 0.01 mg/kg. Contact: 

Bethany Benbow, (703) 347–8072, email address: benbow.bethany@epa.gov. 

7. PP 0G7682. (EPA–HQ–OPP–2010– 

0217). Valent U.S.A. Corporation, P.O. 

Box 8025, Walnut Creek, CA 94596 (as 

Agent for Sumitomo Chemical Co., Ltd), 

proposes to establish a time-limited 

tolerance in 40 CFR part 180 for 

residues of the insecticide clothianidin, 

(E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)- 

3-methyl-2-nitroguanidine, in or on rice, 

grain at 0.01 ppm. Adequate 

enforcement methodology LC/MS/MS 

analysis is available to enforce the 

tolerance expression. Contact: Marianne 

Lewis, (703) 308–8043, e-mail address: 

lewis.marianne@epa.gov. 

Amended Tolerances 

PP 9E7675. (EPA–HQ–OPP–2010– 

0063). IR-4, IR-4 Project Headquarters, 

Rutgers, The State University of New 

Jersey, 500 College Rd. East, Suite 201 

W, Princeton, NJ 08450, proposes to 

delete the established tolerances in 40 

CFR 180.593 for residues of the 

miticide/ovicide etoxazole, 2-(2,6- 

difluorophenyl)-4-[4-(1,1- 

dimethylethyl)-2-ethoxyphenyl]-4,5- 

dihydrooxazole, in or on strawberry, 

grape, cucumber, and vegetable, 

cucurbit subgroup 9A since they will be 

covered by the proposed new tolerances 

in 2. under ‘‘New Tolerances’’ of this 

Unit. Contact: Andrew Ertman, (703) 

308–9367, e-mail address: 

ertman.andrew@epa.gov. 

New Tolerance Exemptions 

1. PP 0E7686. (EPA–HQ–OPP–2010– 

0233). Dow Agrosciences, LLC, 9330 

Zionsville Rd., Indianapolis, IN 46268, 

proposes to establish an exemption from 

the requirement of a tolerance for 

residues of choline hydroxide (CAS No. 

123–41–1) under 40 CFR 180.920 when 

used as a pesticide inert ingredient in 

pesticide formulations. A limitation for 

use as a neutralizing agent in herbicideonly products is proposed. Based on the 

proposed use, the choline cation is the 

species of interest for end-use products. 

The petitioner believes no analytical 

method is needed because it is not 

required for an exemption from the 

requirement of a tolerance. Contact: 

Deirdre Sunderland, (703) 603–0851, email address: 

sunderland.deirdre@epa.gov. 

2. PP 0E7692. (EPA–HQ–OPP–2010– 

0231). Rhodia, Inc. c/o SciReg, Inc., 

12733 Director’s Loop, Woodbridge, VA 

22192, proposes to establish an 

exemption from the requirement of a 

tolerance for residues of castor oil, 

ethoxylated, oleate (CAS No. 220037– 

02–5) with a minimum number average 

molecular weight (in amu) of 1,200 

under 40 CFR 180.960 when used as an 

emulsifier and surfactant pesticide inert 

ingredient in pesticide formulations. 

Rhodia is requesting that castor oil, 

ethoxylated, oleate, with a minimum 

number average molecular weight (in 

amu) of 1,200 be exempt from the 

requirement of a tolerance based upon 

the definition of a low-risk polymer 

under 40 CFR 723.250. Therefore, 

Rhodia believes that an analytical 

method to determine residues in treated 

crops is not relevant. Contact: Karen 

Samek, (703) 347–8825, e-mail address: 

samek.karen@epa.gov. 

3. PP 9E7648. (EPA–HQ–OPP–2010– 

0232). Exponent Inc., 1150 Connecticut 

Ave., NW., Suite 1100, Washington, DC 

20036, on behalf of Plant Impact plc, 12 

S. Preston Office Village, Cuerdan Way, 

Bamber Bridge, Preston, PR5 6BL, 

United Kingdom, proposes to establish 

a low risk polymer exemption from the 

requirement of a tolerance for residues 

of Castor oil, ethoxylated, dioleate (CAS 

No. 110531–96–9) under 40 CFR 

180.960 when used as a pesticide inert 

ingredient with a surfactant function in 

pesticide formulations. The petitioner 

believes no analytical method is needed 

because it is not required for an 

exemption from the requirement of a 

tolerance. Contact: Deirdre Sunderland, 

(703) 603–0851, e-mail address: 

sunderland.deirdre@epa.gov. 

4. PP 0F7695. (EPA–HQ–OPP–2010– 

0261). BASF Corporation, P.O. Box 

13528, Research Triangle Park, NC, 

27709, proposes to establish an 

exemption from the requirement of a 

tolerance for the metabolites of 

ametoctradin, M650F03, (7-amino-5- 

ethyl[1,2,4]triazolo[1,5-a]pyrimidine-6- 

y-l)acetic acid, and M650F04, 7-amino5-ethyl[1,2,4]triazolo[1,5-a]pyrimidine6-carboxylic acid in or on all food crops. 

The proposed enforcement method for 

ametoctradin was fully validated. 

Ametoctradin is extracted with a 

mixture of methanol/water. An aliquot 

of the extract is centrifuged and 

partitioned against dichloromethane. 

The final determination of ametoctradin 

is performed by high performance liquid 

chromatography-mass spectrometry 

(HPLC-MS/MS). This method has an 

LOQ of 0.01 mg/kg and is suitable for 

enforcement purposes. Contact: Shaunta 

Hill, (703) 347–8961, e-mail address: 

hill.shaunta@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 6, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–11978 Filed 5–18–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0282; FRL–8824–8] 

Pesticides; Draft Guidance for 

Pesticide Registrants on False or 

Misleading Pesticide Product Brand 

Names 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of availability. 

SUMMARY: The Agency is announcing 

the availability of and seeking public 

comment on a draft Pesticide 

Registration Notice (PR Notice) entitled 

‘‘False or Misleading Pesticide Product 

Brand Names.’’ PR Notices are issued by 

the Office of Pesticide Programs (OPP) 

to inform pesticide registrants and other 

interested persons about important 

policies, procedures, and registration 

related decisions, and serve to provide 

guidance to pesticide registrants and 

OPP personnel. This particular draft PR 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 28013 

Notice provides guidance to applicants, 

registrants and distributors concerning 

pesticide product brand names that may 

be false or misleading, either by 

themselves or in association with 

particular company names or 

trademarks. 

DATES: Comments must be received on 

or before June 18, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0282, 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– 

0282. 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: Jeff 

Kempter, Antimicrobials Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5448; fax number: (703) 308– 

6467; e-mail address: 

kempter.carlton@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me 

This action is directed to the public 

in general although this action may be 

of particular interest to those persons 

who are required to register pesticides. 

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 information in this notice, 

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. What Guidance Does this PR Notice 

Provide? 

This draft PR Notice provides 

guidance to applicants, registrants and 

distributors on pesticide product brand 

names that may be false or misleading, 

either by themselves or in association 

with particular company names or 

trademarks. The Agency previously 

announced the availability of this draft 

PR Notice for public comment (67 FR 

14941; FRL–6809–9) on March 28, 2002 

and received comments from 28 parties 

(EPA docket ID number EPA–HQ–OPP– 

2002–0084). The Agency has reviewed 

those comments, made appropriate 

changes to the draft PR Notice, and 

written responses to the comments (see 

the Responses to Comments document 

posted to the docket ID number EPA– 

HQ–OPP–2010–0282). 

The revised draft PR Notice clarifies 

how statutory and regulatory provisions 

that prohibit pesticide labeling from 

being false or misleading apply to 

product brand names. Under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) sections 12(a)(1)(E) and 

2(q)(1)(A), and 40 CFR 156.10(b)(2) and 


jlentini on DSKJ8SOYB1PROD with NOTICES
28014 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

40 CFR 156.10(a)(5), products with 

brand names that, in a false or 

misleading manner, state or imply 

safety, efficacy or comparative claims, 

or are otherwise false or misleading in 

any particular, are considered to be 

misbranded and may not be sold or 

distributed. 

The revised, draft PR Notice explains 

the statutory and regulatory 

requirements that a pesticide product 

brand name, either by itself or 

containing or located in close proximity 

to a company name or trademark, not be 

false or misleading. The draft PR Notice 

provides examples of potentially false or 

misleading product brand names. 

Finally, the draft PR Notice states that 

the Agency will be applying these 

regulations as interpreted in this notice 

when evaluating applications for new 

products or brand names, reviewing 

notifications for alternate or changed 

brand names, reviewing applications for 

registration, or conducting registration 

reviews. The draft PR Notice encourages 

applicants and registrants to review 

their product names in light of its 

guidance, and, if warranted, take 

corrective action within two years of the 

issuance of the final PR Notice. The 

draft PR Notice explains that after the 

final implementation date, EPA may 

consider the guidance in the final PR 

Notice when determining whether a 

product is misbranded under FIFRA. 

III. Do PR Notices Contain Binding 

Requirements? 

The PR Notice discussed in this 

notice is intended to provide guidance 

to EPA personnel and decisionmakers 

and to pesticide registrants. While the 

requirements in the statute and Agency 

regulations are binding on EPA and the 

applicants, this PR Notice is not binding 

on either EPA or pesticide registrants, 

and EPA may depart from the guidance 

where circumstances warrant and 

without prior notice. Likewise, pesticide 

registrants and applicants may assert 

that the guidance is not appropriate 

categorically or not applicable to a 

specific pesticide or situation. 

List of Subjects 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests. 

Dated: May 12, 2010. 

Steven Bradbury, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. 2010–11977 Filed 5–18–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–1005; FRL–8824–4] 

Petitions Concerning Whether 

Ammonia or Urea Sold or Distributed 

and Used for Certain Purposes Should 

Be Regulated as Pesticides 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice makes available 

for review and public comment three 

petitions concerning the regulatory 

status under the Federal Insecticide 

Fungicide and Rodenticide Act (FIFRA) 

of products containing ammonia or urea 

sold or distributed for use in the 

presence of sodium hypochlorite as a 

biocide or as part of a biocidal system 

in the production of pulp and 

paperboard products. The notice also 

makes available for review and public 

comment documents associated with 

the petitions which have also been 

placed in a docket created for this 

matter. That docket may be accessed as 

described in this Notice. The Agency 

registered as ‘‘pesticides’’ two products 

containing ammonia as the active 

ingredient based on applications for 

registration and supporting data 

submitted by Buckman Laboratories, 

Inc. (Buckman). The Agency has also 

registered an ammonium bromide 

product for a similar use in the pulp and 

paperboard industry. Another company, 

Nalco, Inc. (Nalco) is currently selling 

unregistered ammonia and urea 

products to the pulp and paperboard 

industry for use in a manner similar to 

those of the three registered products. 

Nalco informed EPA of its view that 

Buckman’s ammonia products were not 

‘‘pesticides’’ and argued therefore that 

EPA should not have registered them 

under FIFRA. Nalco petitioned the 

Agency to cancel Buckman’s 

registrations for the two ammonia 

products. Subsequently, the Agency 

received two other petitions from 

Buckman and Ashland Hercules Water 

Technologies (Ashland-Hercules), 

which would also be affected by any 

Agency decision relative to the 

contested uses of ammonia and urea, 

supporting the decision to register 

ammonia and further requesting that the 

Agency find Nalco’s sale and 

distribution of its unregistered ammonia 

product to be contrary to law. AshlandHercules also raised issues relative to 

the safe use and risks associated with 

the unregistered use of urea in 

chlorinated water in pulp and paper 

mill use scenarios and asked that the 

Agency find that Nalco’s sale and 

distribution of its urea product was 

unlawful. 

DATES: Comments must be received on 

or before July 19, 2010. 

ADDRESSES: Submit your comments 

identified by the docket identification 

(ID) number EPA–HQ–2009–1005, 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 number EPA–HQ–2009– 

1005. 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES