[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Notices]               
[Page 31426]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy09-49]                         


[[Page 31426]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0565; FRL-8423-7]

 
 Pesticide Product Registration; Conditional Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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