Request for Public Comment on Proposed Stipulated Injunction Involving Pesticides and the California Red-legged Frog, 52073-52075 [E6-14616]

Download as PDF 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 E:\FR\FM\01SEN1.SGM 01SEN1 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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.