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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2007-0092; FRL-8845-8]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

This notice announces Agency approval of applications submitted by Arkema, Inc., to conditionally register the pesticide products Paladin Technical, Paladin, and Paladin EC 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:

                        John Bazuin, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-7381; e-mail address:                         *bazuin.john@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                           ( print page 62388)                        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-2007-0092. 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 dimethyl disulfide (DMDS), 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 DMDS 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 May 1, 2009 (74 FR 20298) (FRL-8404-9), which announced that Arkema, Inc., 639 Freedom Business Center, Suite 402, King of Prussia, PA 19406, had submitted an application to conditionally register the following pesticide products:                

1. Paladin Technical, a manufacturing-use product for formulation of pre-plant soil fumigant end-use products (EPA File Symbol 55050-G), containing 99.8% dimethyl disulfide, an active ingredient not included in any previously registered product;

2. Paladin, an end-use product for pre-plant soil fumigant use (EPA File Symbol 55050-U), containing 98.8% dimethyl disulfide; and

3. Paladin EC, an end-use product for pre-plant soil fumigant use (EPA File Symbol 55050-L), containing 93.8% dimethyl disulfide.

The following dimethyl disulfide product applications were conditionally approved on July 9, 2010:

i. The manufacturing-use product Paladin Technical (EPA Registration Number 55050-3).

ii. The end-use product Paladin (EPA Registration Number 55050-4) for pre-plant soil fumigant use on soil that will be used to grow fruiting vegetable (tomato, pepper, and eggplant), cucurbit vegetable (cucumber, squash (all types), and melon (all types)), small fruit (blueberry and strawberry), ornamental (field grown), and forest nursery crops.

iii. The end-use product Paladin EC (EPA Registration Number 55050-5) for pre-plant soil fumigant use on soil that will be used to grow fruiting vegetable (tomato, pepper, and eggplant), cucurbit vegetable (cucumber, squash (all types), and melon (all types)), small fruit (blueberry and strawberry), ornamental (field grown), and forest nursery crops.

# List of Subjects

      - Environmental protection
      - Chemicals
      - Pests and pesticides

Dated: September 27, 2010.

Lois Rossi,

Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2010-25433 Filed 10-7-10; 8:45 am]

BILLING CODE 6560-50-P