### 24738 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices

generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its confidential character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest.

It is DOE’s policy that all comments may be included in a public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure).

Issued in Washington, DC, on April 22,
2013. Timothy Unruh, Program Manager, Federal Energy Management Program.
[FR Doc. 2013–09926 Filed 4–25–13; 8:45 am]

**BILLING CODE 6450–01–P**

**ENVIRONMENTAL PROTECTION AGENCY** 
**[EPA–HQ–OPP–2013–0276; FRL–9385–2]**

**Ethylene Oxide; Receipt of Application for Emergency Exemption, Solicitation**  **of Public Comment**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  EPA has received a quarantine exemption request from the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) to use the pesticide ethylene oxide (CAS No. 75– 21–8) to sterilize the interior surfaces of enclosed animal isolator units to control microorganisms. The applicant proposes a use of a pesticide which contains an active ingredient which is or has been the subject of a Special Review, and which could pose a risk similar to the risk which is or has been the subject of the Special Review. EPA is soliciting public comment before making the decision whether or not to grant the exemption.

**DATES :**  Comments must be received on or before May 13, 2013.

**ADDRESSES :**  Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2013–0276, by one of the following methods:

• Federal eRulemaking Portal: http:// 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), (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 http:// www.epa.gov/dockets/contacts.htm.

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http:// www.epa.gov/dockets.

**FOR FURTHER INFORMATION CONTACT :**  Keri Grinstead, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8373; fax number: (703) 605– 0781; email address: grinstead.keri@epa.gov.

**SUPPLEMENTARY INFORMATION :** 
I. General Information A. Does this action apply to me?

You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:

• Crop production (NAICS code 111).

• Animal production (NAICS code 112).

• Food manufacturing (NAICS code 311).

• Pesticide manufacturing (NAICS code 32532). B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through www.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 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.

3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide(s) discussed in this document, compared to the general population. II. What action is the Agency taking?

Under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA Administrator, a Federal or State agency may be exempted from any provision of FIFRA if the EPA Administrator determines that emergency conditions exist which require the exemption. USDA APHIS has requested the EPA Administrator to issue a quarantine exemption for the use of ethylene oxide to sterilize interior


### 24739 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Notices

surfaces of enclosed animal isolator units used at USDA National Veterinary Services Laboratories (NVSL) and the National Animal Disease Center (NADC) in Ames, IA. Information in accordance with 40 CFR part 166 was submitted as part of this request.

As part of this request, the applicant asserts that without the ability to sterilize animal isolators, NVSL and NADC would not be able to conduct studies of national importance. NVSL and NADC provide diagnosis for animal diseases and diagnostic support for disease control and eradication. Ethylene oxide is an effective sterilizer, yet is non-corrosive on delicate instruments and electrical equipment.

The applicant proposes that enclosed animal isolator units used at USDA NVSL and NADC in Ames, IA will be sterilized 5 to 7 times over the 3-year term of the exemption. Six pounds of product (8.6% ethylene oxide) will be applied to each unit for each sterilization.

This notice does not constitute a decision by EPA on the application itself. The regulations governing FIFRA section 18 require publication of a notice of receipt of an application for a quarantine exemption proposing use of a pesticide which contains an active ingredient which is or has been the subject of a Special Review, and which could pose a risk similar to the risk which is or has been the subject of the Special Review. The notice provides an opportunity for public comment on the application. The Agency will review and consider all comments received during the comment period in determining whether to issue the quarantine exemption requested by the USDA APHIS.
List of Subjects

Environmental protection, Pesticides and pests.

Dated: April 19, 2013. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013–09954 Filed 4–25–13; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**[EPA–HQ–OA–2013–0133; FRL–9805–9]**

**Draft Policy Papers Released for Public Comment: Title VI of the Civil**  **Rights Act of 1964: Adversity and Compliance With Environmental**  **Health-Based Thresholds, and Role of Complainants and Recipients in the**  **Title VI Complaints and Resolution Process** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Request for comments on EPA’s Draft Policies.

**SUMMARY :**  The U.S. Environmental Protection Agency (EPA) has made improving its civil rights program a priority and recognizes that its enforcement of Title VI of the Civil Rights Act of 1964 (Title VI) is an important tool to use to protect against discrimination and ensure that recipients of EPA financial assistance do not discriminate in implementing programs and activities. Today, EPA has released two draft policy papers for public comment. The first draft policy
paper, Title VI of the Civil Rights Act of 1964: Adversity and Compliance with Environmental Health-Based Thresholds, proposes to change the way EPA assesses ‘‘adversity’’ by having the Agency refrain from applying a ‘‘rebuttable presumption’’ in certain Title VI investigations. The second draft policy paper, Role of Complainants and Recipients in the Title VI Complaints and Resolution Process, discusses EPA’s proposed position on clarifying the roles of complainants and recipients in the Title VI complaints process.

**DATES :**  Written comments on this draft must be received on or before May 28,
2013.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OA–2013–0133, by one of the following methods:

• www.regulations.gov: Follow the on-line instructions for submitting
comments.

• Email: ORD.Docket@epa.gov

.

• Fax: 202–566–1753.

• Mail: Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

• Hand Delivery: ‘‘EPA’s Draft Policies entitled Title VI of the Civil Rights Act of 1964: Adversity andCompliance with Environmental HealthBased Thresholds, and Role of Complainants and Recipients in the Title VI Complaints and Resolution Process’’ Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–HQ–OA–2013– 0133. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov

. The www.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 email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public 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. If you previously submitted comments to OCR via EPA’s Web site, those comments will automatically be placed in the Docket and do not need to be resubmitted. For additional information about EPA’s public docket visit the EPA Docket Center homepage
at http://www.epa.gov/epahome/ dockets.htm

. Docket: All documents in the docket are listed in the www.regulations.gov index. 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, will be publicly available only in hard copy. Publicly available docket materials regarding this notice are available either electronically in www.regulations.gov or in hard copy at the ‘‘EPA’s Draft Policies entitled Title