22044 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a State rule implementing a 

Federal standard. 

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 and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

Executive Order 12898 (59 FR 7629 

(Feb. 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 lacks the discretionary authority 

to address environmental justice in this 

rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 4, 2011. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(384) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(384) New and amended regulations 

for the following APCD’s were 

submitted on September 10, 2010 by the 

Governor’s designee. 

(i) Incorporation by Reference 

(A) South Coast Air Quality 

Management District 

(1) Resolution No. 10–20, dated July 

9, 2010. 

(2) ‘‘Revision to the State 

Implementation Plan for the South 

Coast Air Quality Management District, 

State of California: Sulfur Oxides and 

Particulate Matter Offset Requirements 

for the Proposed CPV Sentinel Power 

Plant to be Located in Desert Hot 

Springs, California, Including AB 1318 

Offset Tracking System’’, which is 

incorporated by reference in Resolution 

No. 10–20, dated July 9, 2010. 

(3) ‘‘CPV Sentinel Energy Project AB 

1318 Tracking System’’, which is 

incorporated by reference in Resolution 

No. 10–20, dated July 9, 2010. 

* * * * * 

[FR Doc. 2011–9460 Filed 4–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 158 and 161 

[EPA–HQ–OPP–2008–0110; FRL–8861–7] 

RIN 2070–AD30 

Data Requirements for Antimicrobial 

Pesticides; 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 Secretary of 

Agriculture and the Secretary of Health 

and Human Services a draft final rule 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). EPA is codifying a separate 

listing of data requirements in the Code 

of Federal Regulations for the 

registration of antimicrobial pesticide 

products. These data requirements 

reflect current scientific knowledge and 

current Agency regulatory practices. 

Besides providing the regulated 

community with clearer and more 

transparent information, the updated 

data requirements further enhance 

EPA’s ability to make regulatory 

decisions about the human health and 

environmental fate and effects of 

antimicrobial pesticide products. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0110. 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 

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. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22045 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Field and External 

Affairs Division, (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington DC 20460–0001; 

telephone number: (703) 305–6304; email address: boyle.kathryn@epa.gov, or 

contact Scott Drewes, same address; 

telephone number (703) 347–0107; email address: drewes.scott@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 final rule to the 

U.S. Department of Agriculture (USDA) 

and the Department of Health and 

Human Services (HHS) and does not 

otherwise affect any specific entities. 

This action may, however, be of 

particular interest if you are a producer 

of pesticide products (NAICS 32532), 

antifoulants (NAICS 32551), 

antimicrobial pesticides (NAICS 32561), 

wood preservatives (NAICS 32519), 

importers of such products, or any 

person or company who seeks to register 

an antimicrobial, antifoulant coating, 

ballast water treatment, wood 

preservative pesticide, or to obtain a 

tolerance for such a pesticide. 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 

one of the persons listed under FOR

FURTHER INFORMATION CONTACT. 

II. What action is EPA taking? 

Section 25(a)(2) of FIFRA requires the 

Administrator to provide the Secretary 

of Agriculture with a copy of any final 

regulation at least 30 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 final rule pertaining to a public 

health pesticide at least 30 days before 

signing it for publication in the Federal 

Register. The draft final rule is not 

available to the public until after it has 

been signed by EPA. If either Secretary 

comments in writing regarding the draft 

final rule within 15 days after receiving 

it, the Administrator shall include the 

comments of the Secretary, if requested 

by the Secretary, and the 

Administrator’s response to those 

comments in the final rule when 

published in the Federal Register. If the 

Secretary does not comment in writing 

within 15 days after receiving the draft 

final rule, the Administrator may sign 

the final rule for publication in the 

Federal Register anytime after the 15– 

day period. 

III. Do any statutory and executive 

order reviews apply to this notification? 

No. This document is not a 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. 

IV. Will this Notification be Subject to 

the Congressional Review Act? 

No. This action is not a rule for 

purposes of the Congressional Review 

Act (CRA), 5 U.S.C. 804(3), and will not 

be submitted to Congress and the 

Comptroller General. EPA will submit 

the final rule to Congress and the 

Comptroller General as required by the 

CRA. 

List of Subjects 

40 CFR Part 158 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

40 CFR Part 161 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 7, 2011. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

[FR Doc. 2011–9292 Filed 4–19–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0481; FRL–8859–9] 

Fluopicolide; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of the fungicide, 

fluopicolide [2,6-dichloro-N-[[3-chloro5-(trifluoromethyl)-2- 

pyridinyl]methyl]benzamide], including 

its metabolites and degradates. 

Compliance with the tolerance levels 

specified is to be determined by 

measuring only fluopicolide in or on the 

commodity. The fluopicolide 

metabolite, 2,6-dichlorobenzamide 

(BAM), is regulated with its own set of 

tolerances. This regulation establishes 

tolerances for residues of fluopicolide 

and its metabolites in or on multiple 

commodities which are identified and 

discussed later in this document. Valent 

U.S.A. Corporation requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective April 

20, 2011. Objections and requests for 

hearings must be received on or before 

June 20, 2011, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2006–0481. 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., 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 

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: 

Janet Whitehurst, Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–6129; e-mail address: 

whitehurst.janet@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. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 


jlentini on DSKJ8SOYB1PROD with RULES