14358 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 

This rule is not subject to Executive 

Order 13045 because it is not 

economically significant and EPA has 

no reason to believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

H. Executive Order 13211 (Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use) 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note) directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898—Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this rule will 

not have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because (1) since 

Wisconsin’s criteria apply to all marine 

waters in the State, EPA does not 

believe that this action would 

disproportionately affect any one group 

over another, and (2) EPA has 

previously determined, based on the 

most current science and EPA’s CWA 

Section 304(a) recommended criteria, 

that Wisconsin’s adopted and EPAapproved criteria are protective of 

human health and aquatic life. 

List of Subjects in 40 CFR Part 132 

Environmental protection, 

Administrative practice and procedure, 

Great Lakes, Indian lands, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Water 

pollution control. 

Dated: March 7, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons set out in the 

preamble, 40 CFR Part 132 is proposed 

to be amended as follows: 

PART 132—WATER QUALITY 

GUIDANCE FOR THE GREAT LAKES 

SYSTEM 

Authority: 33 U.S.C. 1251 et seq. 

Section 132.6 is amended by revising 

paragraphs (f) and (g) to read as follows: 

§ 132.6 Application of part 132 

requirements in Great Lakes States and 

Tribes. 

* * * * * 

(f) Effective [insert date to be 

determined in final rule], the chronic 

aquatic life criterion for endrin in Table 

2 of this part shall apply to the waters 

of the Great Lakes System in the State 

of Wisconsin, designated as Warm 

Water Sportfish and Warm Water Forage 

Fish aquatic life use. Effective [insert 

date], the criterion for acute and chronic 

copper and nickel in Tables 1 and 2 of 

this part may be removed and reserved. 

(g) Effective [insert date to be 

determined in final rule], the chronic 

aquatic life criterion for selenium in 

Table 2 of this part shall apply to the 

waters of the Great Lakes System in the 

State of Wisconsin, designated by 

Wisconsin as Limited Forage Fish 

aquatic life use. 

* * * * * 

[FR Doc. 2011–5972 Filed 3–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 152, 158, and 174 

[EPA–HQ–OPP–2009–0499; FRL–8863–5] 

RIN 2070–AJ27 

Pesticides; Data Requirements for 

Plant-Incorporated Protectants (PIPs) 

and Certain Exemptions for PIPs; 

Notification to the Secretaries of 

Agriculture and Health and Human 

Services 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification to the Secretaries of 

Agriculture and Health and Human 

Services. 

SUMMARY: This document notifies the 

public that the Administrator of EPA 

has forwarded to the Secretaries of 

Agriculture and Health and Human 

Services a draft proposed rule under 

sections 21 and 25(a) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). The draft proposed rule 

will propose codifying data 

requirements that specifically address 

the registration data needs of plantincorporated protectants (PIPs). These 

data requirements are intended to 

provide EPA with data and other 

information necessary for the 

registration of a PIP or the issuance of 

an experimental use permit for a PIP. 

Also, EPA will propose to exempt 

cisgenic PIPs from registration to 

encourage research and development of 

useful biotechnology and reduce the 

number of PIPs seeking registration. 

Cisgenic PIPs are formed when genetic 

material is transferred, using 

bioengineering technology, between 

plants that could transfer the genetic 

material naturally. 

DATES: Comments must be received on 

or before April 15, 2011. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0499. All documents in the 

docket are listed in the docket index 

available in http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Proposed Rules 14359 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open 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: Rose 

Kyprianou, Field and External Affairs 

Division (7506P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–5354; e-mail address: 

kyprianou.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

This action is directed to the public 

in general. It simply announces the 

submission of a draft proposed rule to 

the United States Department of 

Agriculture (USDA) and does not 

otherwise affect any specific entities. 

This action may, however, be of 

particular interest to those persons who 

produce or register plant-incorporated 

protectants (PIPs) under FIFRA or may 

seek a tolerance or tolerance exemption 

for a PIP under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). This action 

may also be of interest to those persons 

involved in biotechnology research or 

development of PIPs. Since other 

entities may also be interested, the 

Agency has not attempted to describe all 

the specific entities that may be 

interested in this action. If you have any 

questions regarding this action, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What action is EPA taking? 

Section 25(a)(2) of FIFRA provides 

that the Administrator must provide the 

Secretary of Agriculture with a copy of 

any draft proposed rule at least 60 days 

before signing it for publication in the 

Federal Register. Similarly, section 

21(b) of FIFRA provides that the 

Administrator must provide the 

Secretary of Health and Human Services 

with a copy of any draft proposed rule 

pertaining to a public health pesticide at 

least 60 days before signing it for 

publication in the Federal Register. The 

draft proposed rule is not available to 

the public until after it has been signed 

by EPA. If either Secretary comments in 

writing regarding the draft proposed 

rule within 30 days after receiving it, 

the Administrator shall include in the 

proposed rule when published in the 

Federal Register the comments of the 

Secretary and the Administrator’s 

response to those comments. If neither 

Secretary comments in writing within 

30 days after receiving the draft 

proposed rule, the Administrator may 

sign the proposed regulation for 

publication in the Federal Register 

anytime after the 30-day period. 

III. Do any Statutory and Executive 

Order reviews apply to this 

notification? 

No. This document is not a proposed 

rule, it is merely a notification of 

submission to the Secretaries of 

Agriculture and Health and Human 

Services. As such, none of the 

regulatory assessment requirements 

apply to this document. 

List of Subjects 

40 CFR Part 152 

Environmental protection, 

Administrative practice and procedure, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

40 CFR Part 158 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

40 CFR Part 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Plant-incorporated 

protectants, Reporting and 

recordkeeping requirements. 

Dated: March 4, 2011. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

[FR Doc. 2011–5997 Filed 3–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1147] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule; correction. 

SUMMARY: On October 5, 2010, FEMA 

published in the Federal Register a 

proposed rule that included erroneous 

Base Flood Elevation (BFE) location 

descriptions for Pollard Creek Tributary 

No. 5 in Palo Pinto County, Texas. The 

location description for the proposed 

BFE of 1,032 feet, referenced to the 

North American Vertical Datum of 1988, 

should have located the proposed BFE 

as being just upstream of Northeast 23rd 

Street; and the location description for 

the proposed BFE of 1,049 feet, 

referenced to the North American 

Vertical Datum of 1988, should have 

located the proposed BFE as being 

approximately 850 feet upstream of 

Northeast 23rd Street. 

DATES: Comments pertaining to the 

location descriptions for the Pollard 

Creek Tributary No. 5 BFEs are to be 

submitted on or before June 14, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. FEMA–B– 

1147, to Luis Rodriguez, Chief, 

Engineering Management Branch, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–4064 

or (e-mail) luis.rodriguez1@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064 or (e-mail) 

rodriguez1@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) publishes proposed 

determinations of Base (1% annualchance) Flood Elevations (BFEs) and 

modified BFEs for communities 

participating in the National Flood 

Insurance Program (NFIP), in 

accordance with section 110 of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4104, and 44 CFR 67.4(a). 

These proposed BFEs and modified 

BFEs, together with the floodplain 

management criteria required by 44 CFR 

60.3, are minimum requirements. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. 

These proposed elevations are used to 

meet the floodplain management 

requirements of the NFIP and also are 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in those 

buildings. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS