[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Pages 39321-39323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18955]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0603; FRL-8431-6]


Pesticide Product Registration Approval; Opportunity for Public 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces Agency approval of an application to 
register the pesticide product spirotetramat containing an active 
ingredient not included in any previously registered products pursuant 
to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended, and the opening of a comment period on such approval.

DATES: Comments must be received on or before September 8, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0603, 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

[[Page 39322]]

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-
2009-0603. 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 e-
mail. 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: Rita Kumar, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8291; e-mail address: kumar.rita @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, pesticide manufacturer, or 
interested member of the public. 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 
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. Background

A. FIFRA Registrations

    On October 10, 2006, EPA received applications from Bayer 
CropScience, LLC, 2 T.W. Alexander Dr., Research Triangle Park, NC 
27709, to register three new pesticide products containing 
spirotetramat as an active ingredient under section 3 of FIFRA, 7 
U.S.C. 136a, seeking use of spirotetramat on a wide variety of 
agricultural use sites and on Christmas tree plantations. Spirotetramat 
is a tetramic acid derivative insecticide. On February 5, 2007, EPA 
received another application from Bayer Environmental Science for an 
end-use product for use of spirotetramat for insect control in 
greenhouses, nurseries, and interior plantscapes and on April 27, 2007, 
EPA received an application from Bayer CropScience for another end-use 
product containing spirotetramat for agricultural use.
    The applications for the technical and one end-use product were 
approved on June 30, 2008, as Spirotetramat Technical and Movento (EPA 
Registration Number 264-1049 and 264-1050, respectively) for control of 
insects on several agricultural crops and Christmas tree plantations. 
The application for Spirotetramat 240 SC Greenhouse and Nursery (EPA 
Registration Number 432-1471) was approved on August 8, 2008, for 
insect control in greenhouses, nurseries, and interior plantscapes. The 
application for BYI 8330 150 OD Insecticide (EPA

[[Page 39323]]

Registration Number 264-1051) was approved on September 24, 2008, for 
control of insects on several agricultural crops and Christmas tree 
plantations. The application for Ultor (EPA Registration Number 264-
1065) was approved on December 16, 2008, for control of insects on 
several agricultural crops and Christmas tree plantations.
    The Agency approved the applications after considering all required 
data on risks associated with the proposed use of spirotetramat, and 
information on social, economic, and environmental benefits to be 
derived from use. Specifically, the Agency considered the nature of the 
chemical 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 spirotetramat when used in accordance with widespread 
and commonly recognized practice, will not generally cause unreasonable 
adverse effects to the environment.

B. FFDCA Tolerances

    Along with the applications for registration of Spirotetramat 
Technical, Movento 240 SC Insecticide, and Movento 150 OD Insecticide 
filed on October 10, 2006, Bayer CropScience also filed a petition 
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 
21 U.S.C. 346a, to establish tolerances for residues of spirotetramat 
in or on the raw agricultural commodities: Citrus (Crop Group 10); 
cucurbit vegetables (Crop Group 9); fruiting vegetables (Crop Group 8); 
grape (Crop Subgroup 13F); hops; leafy Brassica vegetables (Crop Group 
5); leafy non-Brassica vegetables (Crop Group 4); pome fruit (Crop 
Group 11); potato and other tuberous and corm vegetables (Crop Subgroup 
1C); stone fruit (Crop Group 12); tree nuts (Crop Group 14); import 
tolerances on onions and strawberries; milk; meat, fat; and meat 
byproducts of cattle, goat, hog, sheep, and horse.
    EPA issued a notice pursuant to section 408(d)(3) of FFDCA, 21 
U.S.C. 346a(d)(3), in the Federal Register issue of July 25, 2007 (72 
FR 40877) (FRL-8137-1) announcing the filing of this petition. EPA also 
issued a final rule establishing tolerances for spirotetramat in the 
Federal Register issue of July 9, 2008 (73 FR 39251) (FRL-8367-1).

III. What Action is the Agency Taking?

    Although the Agency solicited comments on the application for a 
tolerance under FFDCA, it did not do so regarding the applications for 
registration under FIFRA. Therefore, EPA is now seeking comment on the 
registrations for the spirotetramat technical and end-use products, 
issued under section 3 of FIFRA. After consideration of all comments 
received, the Agency will take appropriate action based on that 
consideration and issue another Federal Register notice responding to 
comments received.

List of Subjects

    Environmental protection, Chemicals, Pests and pesticides.


    Dated: July 30, 2009.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E9-18955 Filed 8-5-09; 8:45 am]
BILLING CODE 6560-50-S