Request for Public Comment on Proposed Settlement Agreement Involving Pesticides and the Endangered Species Act, 40023-40025 [05-13768]

Download as PDF Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices ENVIRONMENTAL PROTECTION AGENCY [FRL–7937–7] Notice of Public Meeting and Conference Calls: Meeting of the National Drinking Water Advisory Council’s Subgroup on Drinking Water Program Performance Indicators and Measures Environmental Protection Agency. ACTION: Notice. AGENCY: SUMMARY: Under Section 10(a)(2) of Public Law 92–423, The Federal Advisory Committee Act, notice is hereby given for a meeting of a subgroup of the National Drinking Water Advisory Council (NDWAC or Council). This Council was authorized by the Safe Drinking Water Act in 1974 (42 U.S.C. 300f et seq.) to support the Environmental Protection Agency in performing its responsibilities related to the national drinking water program. In June 2005, the Council established a subgroup to develop recommendations for EPA to move drinking water program measures from outputs to outcomes in three steps. Step 1 will be to recommend changes to the current performance measures that move them toward outcomes. Step 2 will be to recommend new performance measures that can capture some public health outcomes and be included in EPA’s next strategic plan. Step 3 will be to identify future performance measures that need additional development. The subgroup will report to the NDWAC by midSeptember 2005. DATES: The face-to-face meeting of the subgroup will be held on Thursday, July 21, 2005, from 8:30 to 5 p.m., and Friday, July 22, 2005, 8:30 a.m. to noon, eastern daylight time. ADDRESSES: The meeting will be held at the Doubletree Hotel Washington (formerly the Washington Terrace Hotel), 1515 Rhode Island Avenue, NW., Washington, DC 20005. In addition to this meeting, conference calls have been scheduled for August 11, August 30, and September 14, 2005; however, specific times for these calls have not yet been determined. FOR FURTHER INFORMATION CONTACT: Members of the public who would like to attend the meeting, present an oral statement, or submit a written statement, should contact Clare Donaher by phone at (202) 564–3787, by e-mail at donaher.clare@epa.gov, or by regular mail at the U.S. Environmental Protection Agency, Office of Ground Water and Drinking Water (MC 4601M), VerDate jul<14>2003 16:15 Jul 11, 2005 Jkt 205001 1200 Pennsylvania Avenue, NW., Washington, DC 20460. The public may also participate on the conference calls and times as they are scheduled will be provided to those who contact Clare Donaher. SUPPLEMENTARY INFORMATION: The meeting is open to the public. Any person needing special accommodations at this meeting, including wheelchair access, should contact Clare Donaher (see FOR FURTHER INFORMATION CONTACT section). Notification of at least five (5) business days before the meeting is preferred so that appropriate special accommodations can be made. Dated: July 5, 2005. Cynthia C. Dougherty, Director, Office of Ground Water and Drinking Water. [FR Doc. 05–13694 Filed 7–11–05; 8:45 am] 40023 public may obtain the call-in number and access code for the call from Lorelei Kowalski, whose contact information is listed under the FOR FURTHER INFORMATION CONTACT section of this notice. FOR FURTHER INFORMATION CONTACT: Ms. Lorelei Kowalski, Designated Federal Officer, via telephone/voice mail at (202) 564–3408, via e-mail at kowalski.lorelei@epa.gov, or by mail at Environmental Protection Agency, Office of Research and Development, Mail Code 8104–R, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Dated: July 6, 2005. Kevin Y. Teichman, Director, Office of Science Policy. [FR Doc. 05–13698 Filed 7–11–05; 8:45 am] BILLING CODE 6560–50–P BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY ENVIRONMENTAL PROTECTION AGENCY [EDOCKET ID No.: ORD–2005–0020; FRL– 7937–4] Board of Scientific Counselors, Executive Committee Telecon Meeting—Summer 2005—New Date Environmental Protection Agency (EPA). ACTION: Notice to change meeting date. AGENCY: Pursuant to the Federal Advisory Committee Act, Public Law 92–463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice that the date of a public meeting (via conference call) of the Executive Committee of the Board of Scientific Counselors (BOSC) has changed. The meeting was originally scheduled for July 13, 2005, and notice of this meeting was announced in the Federal Register on Thursday, June 30, 2005, 70 FR 125, pages 37839–37841. This meeting has been rescheduled to July 29, 2005. The purpose of the meeting remains the same: to review a draft report of the BOSC Particulate Matter/Ozone Research Subcommittee. DATES: The meeting (via conference call) will be held on Friday, July 29, 2005 from 1 p.m. to 3 p.m., eastern time, and may adjourn early if all business is finished. Written comments, and requests for the draft agenda or for making oral presentations during the call will be accepted up to 1 business day before the meeting date. ADDRESSES: Participation in the meeting will be by teleconference only—meeting rooms will not be used. Members of the SUMMARY: PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 [OPP–2005–0191; FRL–7723–6] Request for Public Comment on Proposed Settlement Agreement Involving Pesticides and the Endangered Species Act Environmental Protection Agency (EPA). ACTION: Notice of availability; request for public comments AGENCY: SUMMARY: EPA is making available for comment a proposed Settlement Agreement that would establish a series of deadlines for the Agency to make ‘‘effects determinations’’ on pesticides containing any of six active ingredients to determine their potential effects on the Barton Springs Salamander, Eurycea sosorum, or its designated critical habitat. If the Agency determines a pesticide ‘‘may affect and is likely to adversely affect’’ the listed species, the Agency will initiate formal consultation with the U.S. Fish and Wildlife Service (FWS). EPA will evaluate all comments received during the public comment period to determine whether all or part of the proposed Settlement Agreement warrants reconsideration. This proposed Settlement Agreement, if entered by the Court, would resolve a lawsuit brought against EPA by the Center for Biological Diversity and the Save Our Springs Alliance (jointly, plaintiffs). DATES: Comments must be received on or before July 27, 2005. ADDRESSES: Submit your comments, identified by docket identification (ID) number OPP–2005–0191, by one of the following methods: • Agency Website:http:// www.epa.gov/edocket/. EDOCKET, E:\FR\FM\12JYN1.SGM 12JYN1 40024 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. • E-mail: Comments may be sent by e-mail toopp-docket@epa.gov, Attention: Docket ID NumberOPP– 2005–0191. • Mail: Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001, Attention: Docket ID Number OPP–2005–0191. • Hand Delivery: Public Information and Records Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID Number OPP–2005–0191. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number OPP–2005–0191. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.epa.gov/edocket/, 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 EDOCKET or e-mail. EDOCKET 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 EDOCKET, your e-mail address will be automatically captured and included as part of the comment that is placed in the public 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. For additional information about EPA’s public docket visit EDOCKET on-line. VerDate jul<14>2003 16:15 Jul 11, 2005 Jkt 205001 Docket: All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket/. Although listed in the index, some information is not publicly available, i.e., 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 electronically in EDOCKET or in hard copy at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. This Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Arty Williams, Field and External Affairs Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 305–5239; fax number: (703) 308–3259; e-mail address: williams.arty@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of particular interest to the Center for Biological Diversity, Save Our Springs Alliance, other environmental or public interest groups, Texas state regulatory partners, other interested Federal agencies, pesticide registrants, and pesticide users. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. 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? Electronic access. In addition to using EDOCKET(http://www.epa.gov/edocket/ ) you may access thisFederal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings athttp://www.epa.gov/ fedrgstr/. The proposed Settlement Agreement and other relevant documents are available electronically through EPA’s electronic public docket and comment system, EDOCKET. Go to http:// www.epa.gov/edocket/ to submit or PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 view public comments, to access the index listing of the contents of the docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the docket ID number OPP–2005–0191. The proposed Settlement Agreement and other relevant documents may also be accessed on EPA’s website, www.epa.gov/pesticides, both under the heading ‘‘What’s New?’’ and ‘‘Open Comment Periods.’’ C. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit CBI information to EPA. Should EPA determine as a result of any comments received during the 15–day public comment period that all or part of the proposed Settlement Agreement merits reconsideration, EPA will provide the plaintiffs with a written request for further negotiations and a copy of all comments related to EPA’s basis for such negotiations. Therefore, EPA will construe the submission of a comment as a waiver of any confidential business claim as to that comment. 2. Tips for preparing your comments. When submitting comments, remember to: i. Identify the 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 section numbers. 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 On January 26, 2004, plaintiffs filed a lawsuit in federal district court for the District of Columbia alleging that EPA failed to comply with sections 7(a)(1) and 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. 1536(a)(1)–(2). CBD v. EPA, Case No. 1:04-cv-00126-CKK E:\FR\FM\12JYN1.SGM 12JYN1 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Notices (District Court for the District of Columbia). EPA has reached an agreement with the plaintiffs. The agreement is embodied in a proposed Settlement Agreement. The proposed Settlement Agreement sets a series of deadlines for the Agency to make ‘‘effects determinations’’ on the potential for pesticides containing any of six active ingredients--atrazine, diazinon, carbaryl, prometon, metolachlor, and simazine-to affect the Barton Springs Salamander, Eurycea sosorum, or its designated critical habitat. An ‘‘effects determination’’ considers whether use of a pesticide: (1) Has no effect on a listed species; (2) may affect but is not likely to adversely affect a listed species; or (3) may affect and is likely to adversely affect a listed species. If the Agency determines a pesticide ‘‘may affect and is likely to adversely affect’’ the Barton Springs Salamander or designated critical habitat, EPA will initiate formal consultation with the U.S. Fish and Wildlife Service (FWS) as described in the Settlement Agreement. In addition, during the pendency of the schedule for effects determinations outlined in the Settlement Agreement, the plaintiffs agree not to seek any injunction or other use restriction for any of the pesticides subject to the Settlement Agreement. Pursuant to the Settlement Agreement, in the event EPA makes a ‘‘may affect and is likely to adversely affect’’ determination for any of the pesticides, the plaintiffs reserve the right to seek use restrictions for that pesticide by filing a new complaint with the Court. Beginning today, EPA is opening a 15–day comment period on the proposed Settlement Agreement. EPA will use the comments to determine whether all or part of the proposed Settlement Agreement warrants reconsideration. If EPA determines that any part of the proposed Settlement Agreement merits reconsideration, EPA will provide the plaintiffs with a written request for further negotiations and the proposed Settlement Agreement shall not be entered with the Court unless the parties can reach agreement on needed changes. If EPA determines that the proposed Settlement Agreement does not need to be reconsidered, the terms of the proposed Settlement Agreement shall become effective upon entry by the U.S. District Court for the District of Columbia. Once the Settlement Agreement is entered by the U.S. District Court for the District of Columbia, EPA will post on its web site atwww.epa.gov/pesticides a notice VerDate jul<14>2003 16:15 Jul 11, 2005 Jkt 205001 indicating the Settlement Agreement has been so entered. List of Subjects Environmental protection, Endangered species. Dated: July 7, 2005. Susan B. Hazen, Acting Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. 05–13768 Filed 7–11–05; 8:45 am] BILLING CODE 6560–50–S FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Proposed Collection; Comment Request Board of Governors of the Federal Reserve System. SUMMARY: AGENCY: Background On June 15, 1984, the Office of Management and Budget (OMB) delegated to the Board of Governors of the Federal Reserve System (Board) its approval authority under the Paperwork Reduction Act, as per 5 CFR 1320.16, to approve of and assign OMB control numbers to collection of information requests and requirements conducted or sponsored by the Board under conditions set forth in 5 CFR part 1320 Appendix A.1. Board-approved collections of information are incorporated into the official OMB inventory of currently approved collections of information. Copies of the OMB 83-Is and supporting statements and approved collection of information instruments are placed into OMB’s public docket files. The Federal Reserve may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number. Request for Comment on Information Collection Proposals The following information collections, which are being handled under this delegated authority, have received initial Board approval and are hereby published for comment. At the end of the comment period, the proposed information collections, along with an analysis of comments and recommendations received, will be submitted to the Board for final approval under OMB delegated authority. Comments are invited on the following: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 40025 a. Whether the proposed collection of information is necessary for the proper performance of the Federal Reserve’s functions; including whether the information has practical utility; b. the accuracy of the Federal Reserve’s estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; c. ways to enhance the quality, utility, and clarity of the information to be collected; and d. ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology. DATES: Comments must be submitted on or before September 12, 2005. ADDRESSES: You may submit comments, identified by FR K–2, FR Y–1F, FR Y– 9C, by any of the following methods: • Agency Web Site: http:// www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: regs.comments@federalreserve.gov. Include docket number in the subject line of the message. • FAX: (202) 452–3819 or (202) 452– 3102. • Mail: Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. All public comments are available from the Board’s Web site at http:// www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm as submitted, unless modified as necessary for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room MP– 500 of the Board’s Martin Building (20th and C Streets, NW.) between 9 a.m. and 5 p.m. on weekdays. FOR FURTHER INFORMATION CONTACT: A copy of the proposed form and instructions, the Paperwork Reduction Act Submission (OMB 83–I), supporting statement, and other documents that will be placed into OMB’s public docket files once approved may be requested from the agency clearance officer, whose name appears below. Michelle Long, Federal Reserve Board Clearance Officer (202) 452–3829, Division of Research and Statistics, Board of Governors of the Federal E:\FR\FM\12JYN1.SGM 12JYN1

Agencies

[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Pages 40023-40025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13768]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0191; FRL-7723-6]


Request for Public Comment on Proposed Settlement Agreement 
Involving Pesticides and the Endangered Species Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comments

-----------------------------------------------------------------------.


SUMMARY: EPA is making available for comment a proposed Settlement 
Agreement that would establish a series of deadlines for the Agency to 
make ``effects determinations'' on pesticides containing any of six 
active ingredients to determine their potential effects on the Barton 
Springs Salamander, Eurycea sosorum, or its designated critical 
habitat. If the Agency determines a pesticide ``may affect and is 
likely to adversely affect'' the listed species, the Agency will 
initiate formal consultation with the U.S. Fish and Wildlife Service 
(FWS). EPA will evaluate all comments received during the public 
comment period to determine whether all or part of the proposed 
Settlement Agreement warrants reconsideration. This proposed Settlement 
Agreement, if entered by the Court, would resolve a lawsuit brought 
against EPA by the Center for Biological Diversity and the Save Our 
Springs Alliance (jointly, plaintiffs).

DATES: Comments must be received on or before July 27, 2005.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number OPP-2005-0191, by one of the following methods:
     Agency Website:http://www.epa.gov/edocket/. EDOCKET,

[[Page 40024]]

EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: Comments may be sent by e-mail toopp-
docket@epa.gov, Attention: Docket ID NumberOPP-2005-0191.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID Number OPP-2005-0191.
     Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
Arlington, VA, Attention: Docket ID Number OPP-2005-0191. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to docket ID number OPP-2005-
0191. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.epa.gov/edocket/, 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 EDOCKET or e-mail. 
EDOCKET 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 EDOCKET, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public 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. For additional information about EPA's public 
docket visit EDOCKET on-line.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket/. Although listed in the index, some 
information is not publicly available, i.e., 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 electronically in EDOCKET or in hard 
copy at the Public Information and Records Integrity Branch (PIRIB), 
Rm. 119, Crystal Mall 2, 1801 S. Bell St., Arlington, VA. This 
Docket Facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The Docket telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Arty Williams, Field and External 
Affairs Division (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5239; fax number: (703) 308-3259; e-
mail address: williams.arty@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
particular interest to the Center for Biological Diversity, Save Our 
Springs Alliance, other environmental or public interest groups, Texas 
state regulatory partners, other interested Federal agencies, pesticide 
registrants, and pesticide users. Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. 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?

    Electronic access. In addition to using EDOCKET(http://www.epa.gov/
edocket/) you may access thisFederal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings 
athttp://www.epa.gov/fedrgstr/.
    The proposed Settlement Agreement and other relevant documents are 
available electronically through EPA's electronic public docket and 
comment system, EDOCKET. Go to http://www.epa.gov/edocket/ to submit or 
view public comments, to access the index listing of the contents of 
the docket, and to access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the docket ID number OPP-2005-0191. The proposed Settlement 
Agreement and other relevant documents may also be accessed on EPA's 
website, www.epa.gov/pesticides, both under the heading ``What's New?'' 
and ``Open Comment Periods.''

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

    1. Submitting CBI. Do not submit CBI information to EPA. Should EPA 
determine as a result of any comments received during the 15-day public 
comment period that all or part of the proposed Settlement Agreement 
merits reconsideration, EPA will provide the plaintiffs with a written 
request for further negotiations and a copy of all comments related to 
EPA's basis for such negotiations. Therefore, EPA will construe the 
submission of a comment as a waiver of any confidential business claim 
as to that comment.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the 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 section numbers.
    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

    On January 26, 2004, plaintiffs filed a lawsuit in federal district 
court for the District of Columbia alleging that EPA failed to comply 
with sections 7(a)(1) and 7(a)(2) of the Endangered Species Act (ESA), 
16 U.S.C. 1536(a)(1)-(2). CBD v. EPA, Case No. 1:04-cv-00126-CKK

[[Page 40025]]

(District Court for the District of Columbia).
    EPA has reached an agreement with the plaintiffs. The agreement is 
embodied in a proposed Settlement Agreement. The proposed Settlement 
Agreement sets a series of deadlines for the Agency to make ``effects 
determinations'' on the potential for pesticides containing any of six 
active ingredients--atrazine, diazinon, carbaryl, prometon, 
metolachlor, and simazine--to affect the Barton Springs Salamander, 
Eurycea sosorum, or its designated critical habitat. An ``effects 
determination'' considers whether use of a pesticide: (1) Has no effect 
on a listed species; (2) may affect but is not likely to adversely 
affect a listed species; or (3) may affect and is likely to adversely 
affect a listed species. If the Agency determines a pesticide ``may 
affect and is likely to adversely affect'' the Barton Springs 
Salamander or designated critical habitat, EPA will initiate formal 
consultation with the U.S. Fish and Wildlife Service (FWS) as described 
in the Settlement Agreement.
    In addition, during the pendency of the schedule for effects 
determinations outlined in the Settlement Agreement, the plaintiffs 
agree not to seek any injunction or other use restriction for any of 
the pesticides subject to the Settlement Agreement. Pursuant to the 
Settlement Agreement, in the event EPA makes a ``may affect and is 
likely to adversely affect'' determination for any of the pesticides, 
the plaintiffs reserve the right to seek use restrictions for that 
pesticide by filing a new complaint with the Court.
    Beginning today, EPA is opening a 15-day comment period on the 
proposed Settlement Agreement. EPA will use the comments to determine 
whether all or part of the proposed Settlement Agreement warrants 
reconsideration.
    If EPA determines that any part of the proposed Settlement 
Agreement merits reconsideration, EPA will provide the plaintiffs with 
a written request for further negotiations and the proposed Settlement 
Agreement shall not be entered with the Court unless the parties can 
reach agreement on needed changes.
    If EPA determines that the proposed Settlement Agreement does not 
need to be reconsidered, the terms of the proposed Settlement Agreement 
shall become effective upon entry by the U.S. District Court for the 
District of Columbia. Once the Settlement Agreement is entered by the 
U.S. District Court for the District of Columbia, EPA will post on its 
web site atwww.epa.gov/pesticides a notice indicating the Settlement 
Agreement has been so entered.

List of Subjects

    Environmental protection, Endangered species.


    Dated: July 7, 2005.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. 05-13768 Filed 7-11-05; 8:45 am]
BILLING CODE 6560-50-S