22788 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

consent is inappropriate, improper, 

inadequate, or inconsistent with the 

requirements of the Clean Air Act. 

Unless EPA or the Department of Justice 

determines, based on any comment 

which may be submitted, that consent to 

the settlement agreement should be 

withdrawn, the terms of the agreement 

will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How can I get a copy of the 

settlement agreement? 

Direct your comments to the official 

public docket for this action under 

Docket ID No. EPA–HQ–OGC–2010– 

0400 which contains a copy of the 

settlement agreement. The official 

public docket is available for public 

viewing at the Office of Environmental 

Information (OEI) Docket in the EPA 

Docket Center, EPA West, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use the 

http://www.regulations.gov to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number, then select 

‘‘search’’. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and to whom do I submit 

comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

Use of the http://www.regulations.gov 

Web site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: April 23, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–10154 Filed 4–29–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010-0177; FRL–8815–9] 

Garlic Oil and Capsaicin; Registration 

Review Proposed Decisions; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of EPA’s proposed 

registration review decisions for the 

pesticides listed in the table in Unit 

II.A. and opens a public comment 

period on the proposed decisions. 

Registration review is EPA’s periodic 

review of pesticide registrations to 

ensure that each pesticide continues to 

satisfy the statutory standard for 

registration, that is, that the pesticide 

can perform its intended function 

without unreasonable adverse effects on 

human health or the environment. 

Through this program, EPA is ensuring 

that each pesticide’s registration is 

based on current scientific and other 

knowledge, including its effects on 

human health and the environment. 

DATES: Comments must be received on 

or before June 29, 2010. 

ADDRESSES: Submit your comments, 

identified by the docket identification 

(ID) number for the specific pesticide of 

interest provided in the table in Unit 

II.A., by one of the following methods: 

• Federal eRulemaking Portal: http:// 

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 

the docket identification (ID) number for 

the specific pesticide of interest 

provided in the table in Unit II.A. EPA’s 

policy is that all comments received 

will be included in the docket without 

change and may be made available online at http://www.regulations.gov, 

including any personal information 


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Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 22789 

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 http://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 http:// 

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: For 

pesticide specific information, contact: 

The Chemical Review Manager for the 

pesticide of interest identified in the 

table in Unit II.A. 

For general information on the 

registration review program, contact: 

Kevin Costello, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–5026; fax number: 

(703) 308–8090; e-mail address: 

costello.kevin@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; human health; farm 

worker; agricultural advocates; the 

chemical industry; pesticide users; and 

members of the public interested in the 

sale, distribution, or use of pesticides. 

Since others also may 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 

chemical review manager 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 the 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. Background 

A. What Action is the Agency Taking? 

In accordance with 40 CFR 155.58, 

this notice announces the availability of 

EPA’s proposed registration review 

decisions for the pesticides shown in 

the table in Unit II.A. and opens a 60– 

day public comment period on the 

proposed decisions. 

Garlic oil is the volatile oil extracted 

from the bulb of the garlic plant or the 

entire plant. Garlic oil is used as a 

repellent for the control of insects, 

mites, birds, deer, rabbits and squirrels 

and is registered for use on terrestrial 

food and feed such as vegetables, fruits, 

nuts, and grains. Garlic oil is also 

registered for use on terrestrial non-food 

crops such as ornamental plants and 

shrubs. 

Capsaicin is a naturally occurring 

polymer that comprises the principal 

active element of chili peppers (genus 

Capsaicum). Capsaicin is used as a 

fungicide, insect repellent and 

vertebrate animal repellent. Use sites are 

indoor and outdoor terrestrial uses. 

Applications are residential, 

commercial and when applied as a 

defensive repellent, circumstantial. 

TABLE— REGISTRATION REVIEW PROPOSED FINAL DECISIONS

Registration Review Case Name and Number Pesticide Docket ID 

Number Regulatory Action Leader,Telephone Number, E-mail Address 

Garlic Oil (case number 4007) EPA–HQ–OPP–2009– 

0113 

Cheryl Greene, (703) 308–0352, greene.cheryl@epa.gov 


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22790 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Notices 

TABLE— REGISTRATION REVIEW PROPOSED FINAL DECISIONS—Continued 

Registration Review Case Name and Number Pesticide Docket ID 

Number Regulatory Action Leader,Telephone Number, E-mail Address 

Capsaicin (case number 4018) EPA–HQ–OPP–2009– 

0121 

Chris Pfeifer, (703) 308–0031, pfeifer.chris@epa.gov 

The registration review docket for a 

pesticide includes earlier documents 

related to the registration review of the 

case. For example, the review opened 

with the posting of a Summary 

Document, containing a Preliminary 

Work Plan, for public comment. A Final 

Work Plan was posted to the docket 

following public comment on the initial 

docket. 

The documents in the dockets 

describe EPA’s rationales for conducting 

additional risk assessments for the 

registration review of the pesticides 

included in the table in Unit II.A., as 

well as the Agency’s subsequent risk 

findings. These proposed registration 

review decisions are supported by the 

rationales included in those 

documents.. 

Following public comment, the 

Agency will issue final registration 

review decisions for products 

containing the pesticides listed in the 

table in Unit II.A. 

The registration review program is 

being conducted under Congressionally 

mandated time frames, and EPA 

recognizes the need both to make timely 

decisions and to involve the public. 

Section 3(g) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended, required EPA to 

establish, by regulation, procedures for 

reviewing pesticide registrations, 

originally with a goal of reviewing each 

pesticide’s registration every 15 years to 

ensure that a pesticide continues to 

meet the FIFRA standard for 

registration. The Agency’s final rule to 

implement this program was issued in 

August 2006 and became effective in 

October 2006, and appears at 40 CFR 

part 155, subpart C. The Pesticide 

Registration Improvement Act of 2003 

(PRIA) was amended and extended in 

September 2007. FIFRA, as amended by 

PRIA in 2007, requires EPA to complete 

registration review decisions by October 

1, 2022, for all pesticides registered as 

of October 1, 2007. 

The registration review final rule at 40 

CFR 155.58(a) provides for a minimum 

60–day public comment period on all 

proposed registration review decisions. 

This comment period is intended to 

provide an opportunity for public input 

and a mechanism for initiating any 

necessary amendments to the proposed 

decision. All comments should be 

submitted using the methods in 

ADDRESSES, and must be received by 

EPA on or before the closing date. These 

comments will become part of the 

docket for the pesticides included in the 

table in Unit II.A. Comments received 

after the close of the comment period 

will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. 

The Agency will carefully consider all 

comments received by the closing date 

and will provide a ‘‘Response to 

Comments Memorandum’’ in the docket. 

The final registration review decision 

will explain the effects that any 

comments had on the decision and 

provide the Agency’s response to 

significant comments. 

Background on the registration review 

program is provided at: http:// 

www.epa.gov/oppsrrd1/ 

registration_review. Links to earlier 

documents related to the registration 

review of these pesticides are provided 

at: http://www.epa.gov/oppsrrd1/ 

registration_review/ 

reg_review_status.htm. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 3(g) of FIFRA and 40 CFR part 

155, subpart C, provide authority for 

this action. 

List of Subjects 

Environmental protection, 

Administrative practice and procedure, 

Pesticides and pests, Garlic oil and 

Capsaicin. 

Dated: April 22, 2010. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2010–9985 Filed 4–29–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9144–2] 

Science Advisory Board Staff Office; 

Request for Nominations of 

Candidates for EPA’s Advisory Council 

on Clean Air Compliance Analysis 

(Council) EPA’s Clean Air Scientific 

Advisory Committee (CASAC) and 

EPA’s Science Advisory Board (SAB) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The U.S. Environmental 

Protection Agency’s (EPA) Science 

Advisory Board (SAB) Staff Office is 

soliciting nominations for consideration 

of membership on EPA’s Advisory 

Council on Clean Air Compliance 

Analysis (Council), EPA’s Clean Air 

Scientific Advisory Committee 

(CASAC), and EPA’s Science Advisory 

Board (SAB). 

DATES: Nominations should be 

submitted in time to arrive no later than 

June 1, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Nominators unable to submit 

nominations electronically as described 

below, may submit a paper copy by 

contacting Ms. Wanda Bright, U.S. EPA 

SAB Staff Office (Mail Code 1400F), 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460 (UPS/FedEx/ 

Courier address: US EPA SAB, Suite 

3600, 1025 F Street, NW., Washington, 

DC 20004), (202) 343–9986 (telephone), 

(202) 233–0643 (fax), or via e-mail at 

bright.wanda@epa.gov. General 

inquiries regarding the work of the 

Council, CASAC and SAB may be 

directed to Dr. Anthony F. Maciorowski, 

Deputy Director, US EPA SAB Staff 

Office, (202) 343–9983 (telephone), or 

via e-mail at 

maciorowski.anthony@epa.gov. 

Background: Established by statute, 

the Council (42 U.S.C. 7612), the 

CASAC (42 U.S.C. 7409) and SAB (42 

U.S.C. 4365) are EPA’s chartered 

Federal Advisory Committees that 

provide independent scientific and 

technical peer review, consultation, 

advice and recommendations directly to 

the EPA Administrator on a wide 

variety of EPA science activities. As 

Federal Advisory Committees, the 


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