Petition to Revoke Tolerances for 13 Pesticides; Notice of Availability, 45200-45202 [E9-21124]

Download as PDF 45200 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices estimated to average 14 hours to prepare and submit each substantiation or 6,302 hours. In addition, EPA utilizes the services of contractors/subcontractors under the authority of 40 CFR part 2, subpart B, all contractors/subcontractors who may be given access to confidential business information must first sign confidentiality agreements state that they will honor the terms of the contract/subcontract which requires the protection of CBI. The annual total burden for signing and maintaining the agreements would be 130.3 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjusting the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; training personnel to be able to respond to a collection of information; searching data sources; completing and reviewing the collection of information; and transmitting or otherwise disclosing the information. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 1,330. Frequency of response: On occasion. Estimated total average number of responses for each respondent: 1. Estimated total annual burden hours: 6,521 hours. Estimated total annual costs: $212,185.24. This includes an estimated burden cost of $0 for capital investment or maintenance and operational costs. mstockstill on DSKH9S0YB1PROD with NOTICES Are There Changes in the Estimates From the Last Approval? No. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a) (1) (iv) to announce the submission of the ICR to OMB and the opportunity to submit comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical VerDate Nov<24>2008 19:53 Aug 31, 2009 Jkt 217001 person listed under FOR FURTHER INFORMATION CONTACT. Dated: August 26, 2009. John Moses, Division Director, Collection Strategies Division. [FR Doc. E9–21120 Filed 8–31–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2009–0629; FRL–8432–9] Petition to Revoke Tolerances for 13 Pesticides; Notice of Availability AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA is announcing the availability and seeking comment on a July 23, 2009 petition from the American Bird Conservancy (ABC), requesting that EPA revoke tolerances established under the Federal Food, Drug and Cosmetic Act (FFDCA), section 408, for uses of 13 pesticides with no associated U.S. registrations. ABC claims that maintaining these tolerances allows Central and South American countries to continue using these pesticides on crops for which the United States has already determined there are unacceptable risks for U.S. protected migratory birds. DATES: Comments must be received on or before November 2, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2009–0629, 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2009– 0629. EPA’s policy is that all comments received will be included in the docket PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 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 regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the electronic docket at 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Richard P. Dumas, Special Review and Reregistration Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (703) 308– 8015; fax number: (703) 308–8005; email address: dumas.richard@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\01SEN1.SGM 01SEN1 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices I. General Information A. Does this Action Apply to Me? This action is directed to the public in general, and may be of interest to a wide range of stakeholders, including environmental and agricultural advocates; the chemical industry; pesticide users; and foreign governments. This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. Since others also may interested, the Agency has not attempted to describe all 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. Pesticide 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 requests public comment during the next 60 days on a petition available under docket ID number EPA–HQ– OPP–2009–0629, received from the ABC. The petition requests that EPA revoke tolerances established under section 408 of the FFDCA for uses of 13 pesticides with no associated U.S. registrations. ABC claims that maintaining these tolerances allows Central and South American countries to continue using these pesticides on crops for which the United States has already determined there are unacceptable risks for U.S. protected migratory birds. The Specific 13 Tolerances Requested for Revocation are: Tolerance Requested for Revocation CFR Citation Banana 40 CFR 180.461 Cyproconazole Coffee, bean, green (imported) 40 CFR 180.485 Diazinon Kiwifruit 40 CFR 180.153 Dithianon Fruit, pome, group 11 Hop, dried cones 40 CFR 180.621 Diquat Banana Coffee, bean, green 40 CFR 180.226 Dimethoate Blueberry 40 CFR 180.204 Fenamiphos Banana Fruit, citrus, group 10 Garlic Grape Pineapple 40 CFR 180.349 Mevinphos mstockstill on DSKH9S0YB1PROD with NOTICES Cadusafos Broccoli Cabbage Cauliflower Celery Cucumber Grape Lettuce Melon Pea Pepper Spinach Squash, summer Strawberry Tomato Watermelon 40 CFR 180.157 VerDate Nov<24>2008 17:18 Aug 31, 2009 Jkt 217001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 45201 E:\FR\FM\01SEN1.SGM 01SEN1 45202 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices Pesticide Tolerance Requested for Revocation CFR Citation Methomyl Hop, dried cones 40 CFR 180.253 Naled Cucumber Lettuce Tomato Pumpkin Squash, winter Turnip, tops 40 CFR 180.215 Phorate Coffee, bean, green 40 CFR 180.206 Terbufos Coffee, bean, green 40 CFR 180.352 Dichlorvos Tomato 40 CFR 180.235 ABC also asserts that should EPA believe that tolerances for import purposes are necessary, it must consult with the U.S. Fish and Wildlife Service to retain the tolerances listed above to ‘‘identify where unintentional take reasonably attributable to agency actions is having, or is likely to have, a measurable negative effect on migratory bird populations...’’ and ‘‘develop and use principles, standards and practices that will lessen the amount of unintentional take...’’ component of the Membrane Bioreactor (MBR) wastewater treatment process, at its Wastewater Treatment Plant (WWTP). Cape Charles indicates that the MBR treatment process is necessary to achieve the wastewater treatment levels required by the National Pollutant Discharge Elimination System (NPDES) permits issued for this WWTP. The membrane filtration equipment under consideration is manufactured by a company located in Canada and no United States manufacturer produces an alternative that meets Cape Charles’s technical specifications. This is a project specific waiver and only applies to the use of the specified product for the ARRA funded project being proposed. Any other ARRA project that may wish to use the same product must apply for a separate waiver based on the specific project circumstances. The Acting Regional Administrator is making this determination based on the review and recommendations of the EPA Region III, Water Protection Division, Office of Infrastructure and Assistance. Cape Charles has provided sufficient documentation to support its request. The Assistant Administrator of the EPA’s Office of Administration and Resources Management has concurred on this decision to make an exception to Section 1605 of ARRA. This action permits the purchase of membrane filtration cassettes for the proposed project being implemented by Cape Charles. DATES: Effective Date: August 19, 2009. FOR FURTHER INFORMATION CONTACT: Robert Chominski, Deputy Associate Director, (215) 814–2162, or David McAdams, Environmental Engineer, (215) 814–5764, Office of Infrastructure & Assistance (OIA), Water Protection Division, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103– 2029. SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), EPA hereby provides notice that it is granting a project waiver of the requirements of Section 1605(b)(2) of Public Law 111–5, Buy American requirements to the Town of Cape Charles for the acquisition of membrane filtration cassettes manufactured by GE Water and Process Technologies located in Canada. Cape Charles has been unable to find an American made membrane filtration cassette manufacturer to meet its specific wastewater requirements. Section 1605 of the ARRA requires that none of the appropriated funds may be used for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States unless a waiver is provided to the recipient by EPA. A waiver may be provided if EPA determines that (1) Applying these requirements would be inconsistent with public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and the relevant manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. Cape Charles’s waiver request is to allow the purchase of three membrane filtration cassettes for use in improvements to its existing WWTP. This project will upgrade its existing WWTP by adding a new MBR treatment process. The membrane filtration cassette is an integral component of the MBR treatment process because it separates the treated wastewater from the mixed liquor which comes from the biological reactors, before the treated wastewater is disinfected and discharged. After an engineering analysis of alternate treatment processes, Cape Charles determined MBR to be the most environmentally List of Subjects Environmental protection, Pesticides and pest. Dated: August 24, 2009. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. E9–21124 Filed 8–31–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [FRL –8951–6] Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Cape Charles, VA mstockstill on DSKH9S0YB1PROD with NOTICES AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: The Acting Regional Administrator of EPA Region III is hereby granting a project waiver of the Buy American requirements of ARRA Section 1605 under the authority of Section 1605(b)(2) [manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality] to the Town of Cape Charles for the purchase of membrane filtrations cassettes, which are an integral VerDate Nov<24>2008 21:43 Aug 31, 2009 Jkt 217001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\01SEN1.SGM 01SEN1

Agencies

[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45200-45202]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21124]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0629; FRL-8432-9]


Petition to Revoke Tolerances for 13 Pesticides; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is announcing the availability and seeking comment on a 
July 23, 2009 petition from the American Bird Conservancy (ABC), 
requesting that EPA revoke tolerances established under the Federal 
Food, Drug and Cosmetic Act (FFDCA), section 408, for uses of 13 
pesticides with no associated U.S. registrations. ABC claims that 
maintaining these tolerances allows Central and South American 
countries to continue using these pesticides on crops for which the 
United States has already determined there are unacceptable risks for 
U.S. protected migratory birds.

DATES: Comments must be received on or before November 2, 2009.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2009-0629, 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 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0629. 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 regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at https://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Richard P. Dumas, Special Review and 
Reregistration Division (7508P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8015; fax 
number: (703) 308-8005; e-mail address: dumas.richard@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 45201]]

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders, including environmental and 
agricultural advocates; the chemical industry; pesticide users; and 
foreign governments.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. Since others also may interested, the Agency has not 
attempted to describe all 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 requests public comment during the next 60 days on a petition 
available under docket ID number EPA-HQ-OPP-2009-0629, received from 
the ABC. The petition requests that EPA revoke tolerances established 
under section 408 of the FFDCA for uses of 13 pesticides with no 
associated U.S. registrations. ABC claims that maintaining these 
tolerances allows Central and South American countries to continue 
using these pesticides on crops for which the United States has already 
determined there are unacceptable risks for U.S. protected migratory 
birds.
    The Specific 13 Tolerances Requested for Revocation are:

------------------------------------------------------------------------
                                       Tolerance
            Pesticide                Requested for       CFR Citation
                                      Revocation
------------------------------------------------------------------------
Cadusafos                         Banana              40 CFR 180.461
------------------------------------------------------------------------
Cyproconazole                     Coffee, bean,       40 CFR 180.485
                                   green (imported)
------------------------------------------------------------------------
Diazinon                          Kiwifruit           40 CFR 180.153
------------------------------------------------------------------------
Dithianon                         Fruit, pome, group  40 CFR 180.621
                                   11
                                  Hop, dried cones..
------------------------------------------------------------------------
Diquat                            Banana              40 CFR 180.226
                                  Coffee, bean,
                                   green.
------------------------------------------------------------------------
Dimethoate                        Blueberry           40 CFR 180.204
------------------------------------------------------------------------
Fenamiphos                        Banana              40 CFR 180.349
                                  Fruit, citrus,
                                   group 10.
                                  Garlic............
                                  Grape.............
                                  Pineapple.........
------------------------------------------------------------------------
Mevinphos                         Broccoli            40 CFR 180.157
                                  Cabbage...........
                                  Cauliflower.......
                                  Celery............
                                  Cucumber..........
                                  Grape.............
                                  Lettuce...........
                                  Melon.............
                                  Pea...............
                                  Pepper............
                                  Spinach...........
                                  Squash, summer....
                                  Strawberry........
                                  Tomato............
                                  Watermelon........
------------------------------------------------------------------------

[[Page 45202]]

 
Methomyl                          Hop, dried cones    40 CFR 180.253
------------------------------------------------------------------------
Naled                             Cucumber            40 CFR 180.215
                                  Lettuce...........
                                  Tomato............
                                  Pumpkin...........
                                  Squash, winter....
                                  Turnip, tops......
------------------------------------------------------------------------
Phorate                           Coffee, bean,       40 CFR 180.206
                                   green
------------------------------------------------------------------------
Terbufos                          Coffee, bean,       40 CFR 180.352
                                   green
------------------------------------------------------------------------
Dichlorvos                        Tomato              40 CFR 180.235
------------------------------------------------------------------------

    ABC also asserts that should EPA believe that tolerances for import 
purposes are necessary, it must consult with the U.S. Fish and Wildlife 
Service to retain the tolerances listed above to ``identify where 
unintentional take reasonably attributable to agency actions is having, 
or is likely to have, a measurable negative effect on migratory bird 
populations...'' and ``develop and use principles, standards and 
practices that will lessen the amount of unintentional take...''

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: August 24, 2009.
Peter Caulkins,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.

[FR Doc. E9-21124 Filed 8-31-09; 8:45 am]
BILLING CODE 6560-50-S
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