[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Pages 17713-17715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7620]



[EPA-HQ-OPP-2010-0178; FRL-8818-3]

Spirotetramat; Receipt of Applications for Emergency Exemptions; 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: EPA has received specific exemption requests from the States 
of Ohio, New Mexico, and Wisconsin to use the pesticide spirotetramat 
(CAS No. 203313-25-1) to treat onion, dry bulb to control thrips. The 
applicants are proposing the use of a chemical whose registration was 
recently vacated. EPA is soliciting public comment before making the 
decision whether or not to grant the exemptions.

DATES:  Comments must be received on or before April 22, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2010-0178 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

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Docket Facility telephone number is (703) 305-5805.
     Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0178. 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:  Keri Grinstead, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8373; fax number: (703) 605-0781; e-mail 


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 

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.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 
    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.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the 
pesticide(s) discussed in this document, compared to the general 

II. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. Ohio, New Mexico and 
Wisconsin have requested that the Administrator issue specific 
exemptions for the use of spirotetramat (CAS No. 203313-25-1) on onion, 
dry bulb, to control thrips. Information in accordance with 40 CFR part 
166 was submitted as part of these requests, and is available for 
review at www.regulations.gov under Docket ID Number 2010-0178.
    In 2009, all of the applicants submitted first-time exemption 
requests for the use of spirotetramat on dry bulb onions to control 
thrips. Based on the information provided in those 2009

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applications, the Agency concurred with the applicants that 
spirotetramat was necessary to ensure thrips control in areas 
experiencing thrips resistance to available alternatives and, in 
particular, where 6 to 8 seasonal applications of alternative 
pesticides are required to achieve adequate control. Thrips are sucking 
insects and growers are concerned about managing them because their 
feeding behavior directly damages the crop and also vectors a plant 
disease known as Iris Yellow Spot Virus. At this time, managing the 
disease vector thrips is the growers' main strategy for controlling 
Iris Yellow Spot Virus. The Agency has confirmed this as an urgent, 
non-routine situation with potential for significant economic losses 
requiring the use of spirotetramat. As part of their 2010 
recertification requests, the applicants assert that the emergency 
conditions described in their 2009 applications continue to exist. EPA 
will review the applications and other available data. The 2009 and 
2010 application packages for each state are available for review at 
www.regulations.gov under Docket ID Number 2010-0178. Summary use 
information for each state is listed below:
    1. Ohio. The Ohio Department of Agriculture proposes to make no 
more than two applications of Movento (which contains 22.4% 
spirotetramat) on a maximum of 400 acres of onion, dry bulb between 
July 1 and September 15, 2010 in Ohio.
    2. New Mexico. The New Mexico Department of Agriculture proposes to 
make no more than two applications of Movento on a maximum of 6,000 
acres of onion, dry bulb between May and October, 2010 in the New 
Mexico counties of Chaves, Curry, Dona Ana, Eddy, Hidalgo, Lea, Luna, 
Farmington, Roosevelt, and Sierra.
    3. Wisconsin. The Wisconsin Department of Agriculture, Trade and 
Consumer Protection proposes to make no more than two applications of 
Movento on a maximum of 2,200 acres of onion, dry bulb between June 1 
and September 15, 2010 in the Wisconsin counties of Columbia, Dodge, 
Green Lake, Jefferson, Kenosha, Marquette, Portage, Racine, Rock, 
Walworth, Waukasha, Waupaca, and Waushara.
     This notice does not constitute a decision by EPA on the 
applications themselves, but provides an opportunity for public comment 
on the applications. EPA has determined that publication of a notice of 
receipt of these applications for specific exemptions is appropriate 
taking into consideration the December 23, 2009 decision of the U.S. 
District Court for the Southern District of New York vacating the 
registration of the spirotetramat product that is the subject of these 
emergency exemption requests. This vacatur is available for review at 
www.regulations.gov under Docket ID Number 2010-0178.
     The Agency will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemptions requested by the states of Ohio, New Mexico, and Wisconsin.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 25, 2010.
 Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-7620 Filed 4-6-10; 8:45 a.m.]