Clothianidin; Emergency Petition To Suspend; Notice of Availability, 44233-44234 [2012-18321]

Download as PDF erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Notices ‘‘The Honorable Collin O’Mara Secretary Delaware Department of Natural Resources and Environmental Control 89 Kings Highway Dover, Delaware 19901 Dear Secretary O’Mara: In response to your delegation request, dated July 8, 2010, the U.S. Environmental Protection Agency, Region III (EPA) hereby grants to the Delaware Department of Natural Resources and Environmental Control (DNREC) formal delegation of the following sections of the Outer Continental Shelf (OCS) Regulation in the Code of Federal Regulations, Title 40, Part 55 (40 CFR part 55), as it exists on July 9, 2009: • 55.1—Statutory authority and scope. • 55.2—Definitions. • 55.3—Applicability. • 55.4—Requirements to submit a notice of intent. • 55.6—Permit requirements. • 55.7—Exemptions. • 55.8—Monitoring, reporting, inspections, and compliance. • 55.9—Enforcement. • 55.10—Fees. • 55.13—Federal requirements that apply to OCS sources. • 55.14—Requirements that apply to OCS sources located within 25 miles of states’ seaward boundaries, by State. • 55.15— Specific designation of corresponding onshore areas. • Appendix A to 40 CFR part 55— Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State. As stated in 40 CFR part 55.11(b), the Administrator will delegate implementation and enforcement authority to a State if the State has an adjacent OCS source and the Administrator determines that the State’s regulations are adequate, including a demonstration by the State that the State has: (1) Adopted the appropriate portions of part 55 into State law; (2) Adequate authority under State law to implement and enforce the requirements of this part. A letter from the State Attorney General shall be required stating that the requesting agency has such authority; (3) Adequate resources to implement and enforce the requirements of this part; and (4) Adequate administrative procedures to implement and enforce the requirements of this part, including public notice and comment procedures. EPA reviewed DNREC’s July 8, 2010 request and concludes that it meets all VerDate Mar<15>2010 15:32 Jul 26, 2012 Jkt 226001 of the requirements of 40 CFR Part 55.11(b). Therefore, DNREC is authorized to implement, enforce, and administer the parts of 40 CFR part 55 listed above for OCS sources in which Delaware is the corresponding onshore area. I appreciate DNREC’s efforts to implement the OCS regulations and look forward to working with you to foster the growth of alternative energy projects in Delaware. If you have any questions, please do not hesitate to contact me or have your staff contact Ms. Amie Howell, EPA’s Delaware Liaison, at (215) 814–5722. Sincerely, Shawn M. Garvin Regional Administrator’’ This notice acknowledges that DNREC has been delegated the authority to implement and enforce OSC Air Regulations. Dated: July 10, 2012. W.C. Early, Acting Regional Administrator, Region III. [FR Doc. 2012–18384 Filed 7–26–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2012–0344; FRL–9355–1] Clothianidin; Emergency Petition To Suspend; Notice of Availability Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: PANNA and others submitted a request for the EPA to immediately suspend Clothianidin and take other actions affecting the registration. The EPA is announcing the decision to deny the suspension request and is inviting the public to comment on the decision and the remainder of the petition. DATES: Comments must be received on or before September 25, 2012. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2012–0344; FRL–9355–1, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), Mail Code: 28221T, 1200 SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 44233 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.htm. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Marianne Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8043; fax number: (703) 308– 0029; email address: marianne.lewis@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 interest to a wide range of stakeholders including: Environmental groups, farmers, beekeepers, State regulatory partners, other interested Federal agencies; members of the public interested in the sale, distribution, or use of pesticides; and other pesticide registrants and pesticide users. 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 email. 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 E:\FR\FM\27JYN1.SGM 27JYN1 44234 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Notices erowe on DSK2VPTVN1PROD with NOTICES 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. Background On March 20, 2012, The Center for Food Safety and International Center for Technology Assessment submitted to the EPA an ‘‘Emergency Citizen Petition’’ on behalf of 27 individuals and non-governmental organizations requesting that the EPA suspend registrations for the insecticide clothianidin for the four following reasons: (1) To cure clothianidin’s unlawful conditional registration; (2) to prevent an imminent hazard to pollinating insects and the agricultural interests they support by suspending the registrations and initiating special review and cancellation proceedings; (3) to stop the sale of misbranded clothianidin products; and (4) to address Endangered Species Act consultation obligations for clothianidin. Given the emergency nature of the request and the harm asserted, the EPA has addressed on an expedited basis the request to suspend clothianidin registrations to prevent an imminent hazard. This notice announces the availability of the EPA’s petition response on that issue. The EPA will address the remaining three issues in the petition after receiving and considering public comments on the petition. After reviewing the petition and the supporting documentation, the EPA is denying the request to suspend clothianidin registrations based on the assertion that an imminent hazard exists because the petition and supporting documentation reviewed by the EPA do not demonstrate a substantial likelihood of imminent, serious harm that would justify the suspension of this pesticide under the FIFRA standard. The EPA is posting both the petition (including exhibits and supplemental filings) and its response to the imminent hazard claim for 60 days for public comment on VerDate Mar<15>2010 15:32 Jul 26, 2012 Jkt 226001 its Web site and in the public docket at regulations.gov. After reviewing the public comments on the petition the EPA will respond to the remaining issues in the petition. In addition, the EPA will determine in connection with that review whether the comments received support the reconsideration of this partial response. List of Subjects Environmental protection, Agricultural commodities, Pesticides and pest. Dated: July 17, 2012. Steven P. Bradbury, Director, Office of Pesticide Programs. [FR Doc. 2012–18321 Filed 7–26–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [ER–FRL–9004–2] Environmental Impacts Statements; Notice of Availability Responsible Agency: Office of Federal Activities, General Information (202) 564–7146 or https://www.epa.gov/ compliance/nepa/. Weekly receipt of Environmental Impact Statements Filed 07/16/2012 through 07/20/2012 Pursuant to 40 CFR 1506.9. Notice Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// www.epa.gov/compliance/nepa/ eisdata.html. Supplementary Information: EPA is seeking agencies to participate in its e-NEPA electronic EIS submission pilot. Participating agencies can fulfill all requirements for EIS filing, eliminating the need to submit paper copies to EPA Headquarters, by filing documents online and providing feedback on the process. To participate in the pilot, register at: https://cdx.epa.gov. EIS No. 20120240, Final EIS, BLM, 00, Programmatic—Solar Energy Development in Six Southern States, To Identify and Prioritize Specific Locations Best Suited for Utility Scale Solar Energy Development on Public Lands, AZ, CA, CO, NV, NM, and UT, Review Period Ends: 08/27/2012, Contact: Shannon Stewart, BLM 202 912–7219; Jane Summerson, DOE 202–287–6188. The U.S. Department of the Interior’s Bureau of Land Management and the U.S. Department PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 of Energy are Joint Lead Agencies for this project. EIS No. 20120241, Final EIS, USFS, WA, South George Vegetation and Fuels Management Project, To Improve Forest Health and Resilience to Fire, Insects and Disease in Upland Forests, Pomerory Ranger District, Umatilla National Forest, Asotin and Garfield Counties, WA, Review Period Ends: 08/27/2012, Contact: Dan Castillo 509–843–1891. EIS No. 20120242, Final EIS, BLM, WY, Lost Creek In Situ Recovery Project, To Analyze the Site-Specific Impacts Associated with the Plan of Operations, Sweetwater County, WY, Review Period Ends: 08/27/2012, Contact: John Russell 307–328–4252. EIS No. 20120243, Final EIS, DHS, 00, Programmatic—Northern Border Activities Program, Propose to Enhance its Program of Security along the United States’ Northern Border with Canada, from Maine to Washington, Review Period Ends: 08/ 27/2012, Contact: Jennifer Hass 202– 344–1929. EIS No. 20120244, Draft Supplement, NNSA, 00, Surplus Plutonium Disposition (DOE/EIS–0283–S2), To Consider Options for Pit Disassembly and Conversion of Plutonium Metal to Oxide, SC, NM, AL, and TN, Comment Period Ends: 09/25/2012, Contact: Sachiko McAlhany 803–952– 6110. EIS No. 20120245, Final EIS, USA, AK, Point Thomson Project, Authorization for the Placement of Fill Material into U.S. Waters, Permit Application, AK, Review Period Ends: 08/27/2012, Contact: Harry A. Baij 907–753–2784. EIS No. 20120246, Final EIS, USN, CA, Marine Corps Air Ground Combat Center Project, Land Acquisition and Airspace Establishment to Support Large-Scale MAGTF Live-Fire and Maneuver Training Facility, Twentynine Palms, San Bernardino County, CA, Review Period Ends: 08/ 27/2012, Contact: Chris Proudfoot 760–830–3764. EIS No. 20120247, Final EIS, USACE, 00, Mississippi River Gulf Outlet Ecosystem Restoration, To Develop a Comprehensive Ecosystem Restoration Plan to Restore the Lake Borgne Ecosystems, LA and MS, Review Period Ends: 08/27/2012, Contact: Tammy Gilmore 504–862– 1002. EIS No. 20120248, Final EIS, USACE, TX, City of Denison Land Conveyance, Lake Texoma, To Convey a Parcel of Federally-owned Land at Lake Texoma, OK and TX to the City of Denison, TX, Grayson and Cooke Counties, TX and Portion of E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 77, Number 145 (Friday, July 27, 2012)]
[Notices]
[Pages 44233-44234]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18321]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0344; FRL-9355-1]


Clothianidin; Emergency Petition To Suspend; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: PANNA and others submitted a request for the EPA to 
immediately suspend Clothianidin and take other actions affecting the 
registration. The EPA is announcing the decision to deny the suspension 
request and is inviting the public to comment on the decision and the 
remainder of the petition.

DATES: Comments must be received on or before September 25, 2012.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2012-0344; FRL-9355-1, by one of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), Mail Code: 28221T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Marianne Lewis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8043; fax number: (703) 308-0029; email address: 
marianne.lewis@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 
interest to a wide range of stakeholders including: Environmental 
groups, farmers, beekeepers, State regulatory partners, other 
interested Federal agencies; members of the public interested in the 
sale, distribution, or use of pesticides; and other pesticide 
registrants and pesticide users.

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 email. 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

[[Page 44234]]

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. Background

    On March 20, 2012, The Center for Food Safety and International 
Center for Technology Assessment submitted to the EPA an ``Emergency 
Citizen Petition'' on behalf of 27 individuals and non-governmental 
organizations requesting that the EPA suspend registrations for the 
insecticide clothianidin for the four following reasons: (1) To cure 
clothianidin's unlawful conditional registration; (2) to prevent an 
imminent hazard to pollinating insects and the agricultural interests 
they support by suspending the registrations and initiating special 
review and cancellation proceedings; (3) to stop the sale of misbranded 
clothianidin products; and (4) to address Endangered Species Act 
consultation obligations for clothianidin. Given the emergency nature 
of the request and the harm asserted, the EPA has addressed on an 
expedited basis the request to suspend clothianidin registrations to 
prevent an imminent hazard. This notice announces the availability of 
the EPA's petition response on that issue. The EPA will address the 
remaining three issues in the petition after receiving and considering 
public comments on the petition. After reviewing the petition and the 
supporting documentation, the EPA is denying the request to suspend 
clothianidin registrations based on the assertion that an imminent 
hazard exists because the petition and supporting documentation 
reviewed by the EPA do not demonstrate a substantial likelihood of 
imminent, serious harm that would justify the suspension of this 
pesticide under the FIFRA standard. The EPA is posting both the 
petition (including exhibits and supplemental filings) and its response 
to the imminent hazard claim for 60 days for public comment on its Web 
site and in the public docket at regulations.gov. After reviewing the 
public comments on the petition the EPA will respond to the remaining 
issues in the petition. In addition, the EPA will determine in 
connection with that review whether the comments received support the 
reconsideration of this partial response.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pest.

    Dated: July 17, 2012.
Steven P. Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2012-18321 Filed 7-26-12; 8:45 am]
BILLING CODE 6560-50-P
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