31426 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0565; FRL–8423–7] 

Pesticide Product Registration; 

Conditional Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application 

submitted by MacIntosh and Associates, 

Incorporated (on behalf of Pasteuria 

Bioscience, Incorporated), to 

conditionally register the pesticide 

product Pasteuria usgae – BL1 

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: 

Jeannine Kausch, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8920; 

e-mail address: 

kausch.jeannine@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? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0565. 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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

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 Pasteuria 

usgae, 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 

Pasteuria usgae 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 

this conditional registration is in the 

public interest. Use of this pesticide is 

of significance to the user community, 

and appropriate labeling, use directions, 

and other measures have been taken to 

ensure that use of this pesticide 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 August 13, 2008 (73 

FR 47166) (FRL–8376–3), which 

announced that MacIntosh and 

Associates, Incorporated, 1203 Hartford 

Avenue, Saint Paul, MN 55116–1622 

(on behalf of Pasteuria Bioscience, 

Incorporated, 12085 Research Drive, 

Suite 185, Alachua, FL 32615), had 

submitted an application to 

conditionally register the pesticide 

product, Pasteuria usga – BL1, 

manufacturing-use product (EPA File 

Symbol 85004–R), containing Pasteuria 

usgae at 0.01%, an active ingredient not 

included in any previously registered 

product. 

Listed below is the application 

conditionally approved on June 2, 2009. 

Pasteuria usgae – BL1. For 

manufacturing into nematicide end-use 

products intended to control sting 

nematode (Belonolaimus longicaudatus) 

in turf. EPA Reg. No. 85004–1. 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: June 23, 2009. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–15321 Filed 6–30–09; 8:45 am] 

BILLING CODE 6560–50–S