Request for Public Comment on Proposed Stipulated Injunction Involving Pesticides and the California Red-legged Frog, 52073-52075 [E6-14616]
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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices
Users of these products who desire
continued use on crops or sites being
deleted should contact the applicable
registrant before February 28, 2007 to
discuss withdrawal of the application
for amendment. This 180–day period
will also permit interested members of
the public to intercede with registrants
prior to the Agency’s approval of the
deletion.
Table 2 of this unit includes the
names and addresses of record for all
registrants of the products listed in
Table 1 of this unit, in sequence by EPA
company number.
using the methods in ADDRESSES. The
Agency will consider written
withdrawal requests postmarked no
later than February 28, 2007.
V. Provisions for Disposition of Existing
Stocks
The Agency has authorized the
registrants to sell or distribute product
under the previously approved labeling
for a period of 18 months after approval
of the revision, unless other restrictions
have been imposed, as in special review
actions.
List of Subjects
Environmental protection, Pesticides
TABLE 2.—REGISTRANTS REQUESTING
and pests.
AMENDMENTS TO DELETE USES IN
CERTAIN PESTICIDE PRODUCTS
EPA Company no.
000100
Company Name and Address
Syngenta Crop Protection,
Inc.,
P.O. Box 18300,
Greensboro, NC 27419
Dated: August 24, 2006.
Robert Forrest,
Acting Director, Information Technology and
Resources Management Division, Office of
Pesticide Programs.
[FR Doc. 06–7312 Filed 8–31–06; 8:45 am]
BILLING CODE 6560–50–S
000264
Bayer Cropscience, LP,
2T W. Alexander Drive,
Research Triangle Park,
NC 27709
ENVIRONMENTAL PROTECTION
AGENCY
034704
Loveland Products, Inc.,
P.O. Box 1286,
Greeley, CO 80632
047870
Aberco, Inc.,
9430 Lanham Severn Rd.,
Seabrook, MD 20706.
Request for Public Comment on
Proposed Stipulated Injunction
Involving Pesticides and the California
Red-legged Frog
058266
073049
[EPA–HQ–OPP–2006–0702; FRL–8090–9]
Environmental Protection
Agency (EPA).
ACTION: Notice of availability; request
for public comment.
AGENCY:
Shadow Mountain Products
Corporation,
P.O. Box 1327,
Hollister, CA 95024
Valent Biosciences Corporation,
870 Technology Way, Suite
100,
Libertyville, IL 60048
III. What is the Agency’s Authority for
Taking this Action?
sroberts on PROD1PC70 with NOTICES
Section 6(f)(1) of FIFRA provides that
a registrant of a pesticide product may
at any time request that any of its
pesticide registrations be amended to
delete one or more uses. The Act further
provides that, before acting on the
request, EPA must publish a notice of
receipt of any such request in the
Federal Register. Thereafter, the
Administrator may approve such a
request.
IV. Procedures for Withdrawal of
Request
Registrants who choose to withdraw a
request for use deletion must submit the
withdrawal in writing to John Jamula
VerDate Aug<31>2005
16:21 Aug 31, 2006
Jkt 208001
SUMMARY: EPA is making available for
comment a proposed Stipulated
Injunction that would affect aspects of
the registrations of certain pesticides
and establish a series of deadlines for
the Agency to make ‘‘effects
determinations’’ and initiate
consultation, as appropriate, with the
U.S. Fish and Wildlife Service for these
pesticides in regard to the California
red-legged frog, a species listed as
threatened under the Endangered
Species Act. EPA will evaluate all
comments received during the public
comment period to determine whether
all or part of the proposed Stipulated
Injunction warrants reconsideration.
This proposed Stipulated Injunction, if
entered by the Court, would resolve a
lawsuit brought against EPA by the
Center for Biological Diversity, on terms
also acceptable to intervenors CropLife
America, American Forest & Paper
Association, Western Plant Health
Association, Oregonians for Food and
Shelter, and Syngenta Crop Protection,
Inc.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
52073
Comments must be received on
or before September 18, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2006–0702, by
one of the following methods:
• Federal eRulemaking Portal:https://
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 Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’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 telephone number is(703) 305–
5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2006–
0702. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
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 email. The Federal regulations.gov Web
site 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 orCD 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. Although
DATES:
E:\FR\FM\01SEN1.SGM
01SEN1
52074
Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices
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 https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400,
One Potomac Yard (South Building),
2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket
are 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, Environmental Fate and
Effects Division (7507P), Office of
Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460–
0001; telephone number: (703) 305–
7695; fax number: (703) 305–6309; email address: williams.arty@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
sroberts on PROD1PC70 with NOTICES
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, CropLife America, American
Forest & Paper Association, Western
Plant Health Association, Oregonians
for Food and Shelter, and Syngenta
Crop Protection, Inc., other public
interest groups, state regulatory
partners, other interested Federal
agencies, other 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. 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
VerDate Aug<31>2005
16:21 Aug 31, 2006
Jkt 208001
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. What Action is the Agency Taking?
EPA is making available in the docket
(www.regulations.gov) and on EPA’s
Web site (www.epa.gov/espp/) a
proposed Stipulated Injunction for
comment. The proposed Stipulated
Injunction would affect aspects of the
registrations of certain pesticides and
establish a series of deadlines for the
Agency to make ‘‘effects
determinations’’ and initiate
consultation, as appropriate, with the
U.S. Fish and Wildlife Service (FWS) for
66 pesticides relative to potential effects
to the California red-legged frog, a
species listed as threatened under the
Endangered Species Act (ESA). EPA
will evaluate all comments received
during the public comment period to
determine whether all or part of the
proposed Stipulated Injunction warrants
reconsideration. This proposed
Stipulated Injunction, if entered by the
United States District Court for the
Northern District of California, would
resolve a lawsuit brought against EPA
by the Center for Biological Diversity
(CBD or plaintiff) on terms also
acceptable to CropLife America,
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
American Forest & Paper Association,
Western Plant Health Association,
Oregonians for Food and Shelter, and
Syngenta Crop Protection, Inc.
(intervenors).
III. Background
On April 2, 2002, plaintiff filed a
lawsuit in the Federal District Court for
the Northern District of California
alleging that EPA failed to comply with
16 U.S.C. 1531–1544 regarding the
California red-legged frog (Center for
Biological Diversity v. Stephen L.
Johnson, et al., Civil No. CO2–1580–
JSW (N.D. Cal.)). On September 19,
2005, the court ruled that EPA was
required, pursuant to section 7(a)(2) of
the ESA, to make ‘‘effects
determinations’’ for 66 pesticide active
ingredients and initiate consultation
with the FWS as appropriate. EPA has
reached an agreement with the plaintiff
and intervenors that would establish a
schedule for EPA to make such
determinations and initiate consultation
as appropriate, and would include
interim injunctive measures intended to
reduce the potential exposure of the
California red-legged frog to these
pesticides, while EPA satisfies its
section 7(a)(2) consultation obligations.
The agreement is embodied in a
proposed Stipulated Injunction.
The 66 pesticide active ingredients
named in the lawsuit are: Acephate;
alachlor; aldicarb; atrazine; azinphosmethyl; bensulide; bromacil; captan;
carbaryl; chloropicrin; chlorothalonil;
chlorpyrifos; chlorthal-dimethyl
(DCPA); 2,4-D; diazinon; 1,3dichlorpropene; dicofol; diflubenzuron;
dimethoate; disulfoton; diuron;
endosulfan; EPTC; esfenvalerate;
fenamiphos; glyphosate; hexazinone;
imazapyr; iprodione; linuron;
malathion; mancozeb; maneb; metam
sodium; methamidophos; methidathion;
methomyl; methoprene; methyl
parathion; metolachlor; molinate;
myclobutanil; naled; norflurazon;
oryzalin; oxamyl; oxydemeton-methyl;
oxyfluoren; paraquat dichloride;
pendimethalin; permethrin; phorate;
phosmet; prometryn; propanil;
propargite; propyzamide (pronamide);
rotenone; simazine; SSS-tributyl
phosphororithiolate (DEF or Tribufos);
strychnine; thiobencarb; triclopyr;
trifluralin; vinclozolin; and ziram.
In addition, the Stipulated Injunction
would (with some exceptions) enjoin,
vacate, and set aside EPA’s
authorization of certain pesticides’ uses
in all areas described by the FWS as
aquatic breeding, non-breeding aquatic,
and upland critical habitat for the
California red-legged frog, in certain
other aquatic features and upland
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Federal Register / Vol. 71, No. 170 / Friday, September 1, 2006 / Notices
habitats occupied by the California redlegged frog, and in adjoining buffer
zones. The injunctive relief, vacatur,
and setting aside of EPA’s
authorizations would terminate for a
particular use of a pesticide upon the
completion of EPA’s ESA section 7(a)(2)
consultation obligations (including a
‘‘no effect’’ determination) for the
particular use of the pesticide. The
Stipulated Injunction would also
require EPA to develop and distribute a
brochure regarding the California redlegged frog, frogs generally and
environmental contaminants, and
certain aspects of the Stipulated
Injunction.
Beginning today, EPA is opening a
15–day comment period on the
proposed Stipulated Injunction. EPA
will use the comments to determine
whether all or part of the proposed
Stipulated Injunction warrants
reconsideration. If EPA determines that
any part of the proposed Stipulated
Injunction merits reconsideration, EPA
will provide the plaintiff with a written
request for further negotiations and the
proposed Stipulated Injunction shall not
be entered with the Court unless the
parties can reach agreement on needed
changes. If EPA determines that the
proposed Stipulated Injunction does not
need to be reconsidered, the terms of the
proposed Stipulated Injunction shall
become effective upon entry by the
United States District Court for the
Northern District of California. Once the
Stipulated Injunction is entered by the
U.S. District Court, EPA will post on its
Web site atwww.epa.gov/pesticides a
notice indicating the Stipulated
Injunction has been so entered.
List of Subjects
Environmental protection,
Endangered species.
Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention,
Pesticides and Toxic Substances.
[FR Doc. E6–14616 Filed 8–31–06; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL DEPOSIT INSURANCE
CORPORATION
sroberts on PROD1PC70 with NOTICES
Notice of Agency Meeting; Sunshine
Act
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
at 10:30 a.m. on Tuesday, September 5,
2006, the Federal Deposit Insurance
Corporation’s Board of Directors will
meet in closed session, pursuant to
VerDate Aug<31>2005
16:21 Aug 31, 2006
Jkt 208001
section 552b(c)(2), (c)(4), (c)(6), (c)(8),
(c)(9)(A)(ii), (c)(9)(B), and (c)(10) Title 5,
United States Code, to consider matters
relating to the Corporation’s
enforcement and corporate activities.
The meeting will be held in the Board
Room on the sixth floor of the FDIC
Building located at 550 17th Street,
NW., Washington, DC.
Requests for further information
concerning the meeting may be directed
to Mr. Robert E. Feldman, Assistant
Executive Secretary of the Corporation,
at (202) 898–7122.
Dated: August 29, 2006.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 06–7419 Filed 8–30–06; 1:05 pm]
52075
The FDIC will provide attendees with
auxiliary aids (e.g., sign language
interpretation) required for this meeting.
Those attendees needing such assistance
should call (703) 562–6067 (Voice or
TTY), to make necessary arrangements.
Requests for further information
concerning the meeting may be directed
to Mr. Robert E. Feldman, Executive
Secretary of the Corporation, at (202)
898–7122.
Dated: August 29, 2006.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 06–7420 Filed 8–30–06; 1:05pm]
BILLING CODE 6717–01–M
BILLING CODE 6714–01–M
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Agency Meeting; Sunshine
Act
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
the Federal Deposit Insurance
Corporation’s Board of Directors will
meet in open session at 10 a.m. on
Tuesday, September 5, 2006, to consider
the following matters:
Summary Agenda: No substantive
discussion of the following items is
anticipated. These matters will be
resolved with a single vote unless a
member of the Board of Directors
requests that an item be moved to the
discussion agenda.
Disposition of minutes of previous
Board of Directors’ meetings.
Summary reports, status reports, and
reports of actions taken pursuant to
authority delegated by the Board of
Directors.
Memorandum and resolution re: Final
Rule To Implement Reform Act
Deposit Insurance Coverage Changes.
Discussion Agenda:
Memorandum and resolution re: Notice
of Proposed Rulemaking Regarding
Risk-Based Capital Standards—
Advanced Capital Adequacy
Framework.
Memorandum and resolution re: Notice
of Proposed Rulemaking Regarding
Risk-Based Capital Standards—
Market Risk.
Memorandum re: Basel II and Market
Risk Data Collection Proposals.
The meeting will be held in the Board
Room on the sixth floor of the FDIC
Building located at 550–17th Street,
NW., Washington, DC.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than
September 15, 2006.
A. Federal Reserve Bank of Dallas
(W. Arthur Tribble, Vice President) 2200
North Pearl Street, Dallas, Texas 752012272:
1. Ms. Mary Lucy McCorkle, Sulphur
Springs, Texas; to acquire additional
voting shares of Alliance Bancshares,
Inc., Sulphur Springs, Texas, and
thereby indirectly acquire additional
shares of SSSB Delaware
Bancorporation, Inc., Dover, Delaware,
and Alliance Bank, Sulphur Springs,
Texas.
2. Mr. John R. Rountree, Linden,
Texas; to acquire voting shares of
Linden Bancshares, Inc., Linden, Texas,
and thereby indirectly acquire shares of
The First National Bank of Linden,
Linden, Texas.
E:\FR\FM\01SEN1.SGM
01SEN1
Agencies
[Federal Register Volume 71, Number 170 (Friday, September 1, 2006)]
[Notices]
[Pages 52073-52075]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14616]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0702; FRL-8090-9]
Request for Public Comment on Proposed Stipulated Injunction
Involving Pesticides and the California Red-legged Frog
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability; request for public comment.
-----------------------------------------------------------------------
SUMMARY: EPA is making available for comment a proposed Stipulated
Injunction that would affect aspects of the registrations of certain
pesticides and establish a series of deadlines for the Agency to make
``effects determinations'' and initiate consultation, as appropriate,
with the U.S. Fish and Wildlife Service for these pesticides in regard
to the California red-legged frog, a species listed as threatened under
the Endangered Species Act. EPA will evaluate all comments received
during the public comment period to determine whether all or part of
the proposed Stipulated Injunction warrants reconsideration. This
proposed Stipulated Injunction, if entered by the Court, would resolve
a lawsuit brought against EPA by the Center for Biological Diversity,
on terms also acceptable to intervenors CropLife America, American
Forest & Paper Association, Western Plant Health Association,
Oregonians for Food and Shelter, and Syngenta Crop Protection, Inc.
DATES: Comments must be received on or before September 18, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0702, by one of the following methods:
Federal eRulemaking Portal:https://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
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket'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 telephone number is(703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0702. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://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 Federal regulations.gov Web site 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 orCD 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.
Although
[[Page 52074]]
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 https://www.regulations.gov, or, if only available
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket are 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, Environmental Fate and
Effects Division (7507P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-7695; fax number: (703) 305-6309; 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, CropLife
America, American Forest & Paper Association, Western Plant Health
Association, Oregonians for Food and Shelter, and Syngenta Crop
Protection, Inc., other public interest groups, state regulatory
partners, other interested Federal agencies, other 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. 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. What Action is the Agency Taking?
EPA is making available in the docket (www.regulations.gov) and on
EPA's Web site (www.epa.gov/espp/) a proposed Stipulated Injunction for
comment. The proposed Stipulated Injunction would affect aspects of the
registrations of certain pesticides and establish a series of deadlines
for the Agency to make ``effects determinations'' and initiate
consultation, as appropriate, with the U.S. Fish and Wildlife Service
(FWS) for 66 pesticides relative to potential effects to the California
red-legged frog, a species listed as threatened under the Endangered
Species Act (ESA). EPA will evaluate all comments received during the
public comment period to determine whether all or part of the proposed
Stipulated Injunction warrants reconsideration. This proposed
Stipulated Injunction, if entered by the United States District Court
for the Northern District of California, would resolve a lawsuit
brought against EPA by the Center for Biological Diversity (CBD or
plaintiff) on terms also acceptable to CropLife America, American
Forest & Paper Association, Western Plant Health Association,
Oregonians for Food and Shelter, and Syngenta Crop Protection, Inc.
(intervenors).
III. Background
On April 2, 2002, plaintiff filed a lawsuit in the Federal District
Court for the Northern District of California alleging that EPA failed
to comply with 16 U.S.C. 1531-1544 regarding the California red-legged
frog (Center for Biological Diversity v. Stephen L. Johnson, et al.,
Civil No. CO2-1580-JSW (N.D. Cal.)). On September 19, 2005, the court
ruled that EPA was required, pursuant to section 7(a)(2) of the ESA, to
make ``effects determinations'' for 66 pesticide active ingredients and
initiate consultation with the FWS as appropriate. EPA has reached an
agreement with the plaintiff and intervenors that would establish a
schedule for EPA to make such determinations and initiate consultation
as appropriate, and would include interim injunctive measures intended
to reduce the potential exposure of the California red-legged frog to
these pesticides, while EPA satisfies its section 7(a)(2) consultation
obligations. The agreement is embodied in a proposed Stipulated
Injunction.
The 66 pesticide active ingredients named in the lawsuit are:
Acephate; alachlor; aldicarb; atrazine; azinphos-methyl; bensulide;
bromacil; captan; carbaryl; chloropicrin; chlorothalonil; chlorpyrifos;
chlorthal-dimethyl (DCPA); 2,4-D; diazinon; 1,3-dichlorpropene;
dicofol; diflubenzuron; dimethoate; disulfoton; diuron; endosulfan;
EPTC; esfenvalerate; fenamiphos; glyphosate; hexazinone; imazapyr;
iprodione; linuron; malathion; mancozeb; maneb; metam sodium;
methamidophos; methidathion; methomyl; methoprene; methyl parathion;
metolachlor; molinate; myclobutanil; naled; norflurazon; oryzalin;
oxamyl; oxydemeton-methyl; oxyfluoren; paraquat dichloride;
pendimethalin; permethrin; phorate; phosmet; prometryn; propanil;
propargite; propyzamide (pronamide); rotenone; simazine; SSS-tributyl
phosphororithiolate (DEF or Tribufos); strychnine; thiobencarb;
triclopyr; trifluralin; vinclozolin; and ziram.
In addition, the Stipulated Injunction would (with some exceptions)
enjoin, vacate, and set aside EPA's authorization of certain
pesticides' uses in all areas described by the FWS as aquatic breeding,
non-breeding aquatic, and upland critical habitat for the California
red-legged frog, in certain other aquatic features and upland
[[Page 52075]]
habitats occupied by the California red-legged frog, and in adjoining
buffer zones. The injunctive relief, vacatur, and setting aside of
EPA's authorizations would terminate for a particular use of a
pesticide upon the completion of EPA's ESA section 7(a)(2) consultation
obligations (including a ``no effect'' determination) for the
particular use of the pesticide. The Stipulated Injunction would also
require EPA to develop and distribute a brochure regarding the
California red-legged frog, frogs generally and environmental
contaminants, and certain aspects of the Stipulated Injunction.
Beginning today, EPA is opening a 15-day comment period on the
proposed Stipulated Injunction. EPA will use the comments to determine
whether all or part of the proposed Stipulated Injunction warrants
reconsideration. If EPA determines that any part of the proposed
Stipulated Injunction merits reconsideration, EPA will provide the
plaintiff with a written request for further negotiations and the
proposed Stipulated Injunction shall not be entered with the Court
unless the parties can reach agreement on needed changes. If EPA
determines that the proposed Stipulated Injunction does not need to be
reconsidered, the terms of the proposed Stipulated Injunction shall
become effective upon entry by the United States District Court for the
Northern District of California. Once the Stipulated Injunction is
entered by the U.S. District Court, EPA will post on its Web site
atwww.epa.gov/pesticides a notice indicating the Stipulated Injunction
has been so entered.
List of Subjects
Environmental protection, Endangered species.
Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E6-14616 Filed 8-31-06; 8:45 am]
BILLING CODE 6560-50-S