5344 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

TABLE 1.—SUMMARY OF SELECTION CRITERIA FOR CARBAMATE CAG GROUPING—Continued

Registration PDP Data 

N-methyl? 

Food Use 

Registrationa? 

Non-Food 

Use Registration (e.g., 

Residential 

Uses)? 

Any PDP 

Data Available? 

Any PDP 

Detects? 

Phase Out or 

Cancellation? 

Molinate X X

Pebulate X

Vernolate X

Diallate X

Triallate X X

Thiobencarb X X

Mancozeb X X

Maneb X X

Metiram X X

Zineb X

Metam Na, K X X

Thiram X X

Ferbam X X

Ziram X X

aThis includes Food Handling Establishment use for carbaryl and propoxur

b 2-2(ethoxyethoxy)ethyl 2-bensimidazole carbamate

c 3-iodo-2-propynyl butlcarbamate (aka Trotsan polyphase)

dThiodicarb is a dimer of methomyl and is analyzed as methomyl by the PDP program

Note: The following carbamate pesticides were excluded from the above table since they are not N-methyl carbamates, they do not possess 

current U.S. registrations for food or non-food uses, there exist no detections in the USDA PDP program, and there is no indication that these 

have been actively phased out or cancelled: Alanycarb, allyxycarb, benfuracarb, butacarb, butocarboxim, butoxycarboxim, carbanolate, 

carboxazole, chlorprocarb, decarbofuran, dichlormate, dicresyl, dimetan, dioxacarb, EMPC, fenasulam, fenethacarb fenobucarb furathiocarb, 

hyquincarb, nitrilacarb, promacyl tazimcarb, terbucarb thiocarboxime, thiofanox, XMC, xylycarb, and NaDMDTC.

D. References

1. International Life Sciences Institute 

(ILSI). 1999 Common Mechanism of 

Toxicity: Evaluation of Carbamate 

Pesticides, International Life Science 

Institute Report, Washington DC.

2. Mileson, B., JE Chambers, WL 

Chen, W Dettbarn, M Ehrich, AT 

Eldefrawi, DW Gaylor, K Hammernik, E 

Hodgson, AG Karczmar, S Padilla, CN 

Pope, RJ Richardson, DR Saunders, LP 

Sheets, LG Sultatos and KB Wallace. 

Common Mechanism of Toxicity: a case 

study of organophosphorus pesticides. 

Toxicological Sciences 41, pp.8–20.

3. USEPA, 1999a. A Science Policy on 

a Common Mechanism of Toxicity: The 

Carbamate Pesticides And the Grouping 

of Carbamate with the 

Organophosphorus Pesticides; draft 

document. August 30, 1999. http://

www.epa.gov/scipoly/sap/1999/

september/carbam.pdf.

4. USEPA, 1999b. SAP Report No. 99-

05. November 18, 1999.http://

www.epa.gov/scipoly/sap/1999/

september/finalrpt.pdf.

5. USEPA, 2001a. Memorandum from 

Marcia Mulkey to Lois Rossi. 

Implementation of the Determinations 

of a Common Mechanism of Toxicity for 

N-Methyl Carbamate Pesticides and for 

Certain Chloroacetanilide Pesticides. 

July 12, 2001.http://www.epa.gov/

oppfead1/cb/csb_page/updates/

carbamate.pdf.

6. USEPA, 2001b. Memorandum from 

Paul Lewis to Marcia Mulkey. SAP 

Report 2001–11. November 1, 

2001.http://www.epa.gov/scipoly/sap/

2001/september7/

september2001finalsapreport.pdf.

7. USEPA, 2002a. Organophosphate 

Pesticides; Availability of the Revised 

Organophosphate Cumulative Risk 

Assessment. (67 FR 41993; June 20, 

2002)

8. USEPA, 2002b. Guidance on 

Cumulative Risk Assessment of 

Pesticide Chemicals That Have a 

Common Mechanism of Toxicity. 

January 14, 2002. (67 FR 2210; January 

16, 2002)http://www.epa.gov/pesticides/

trac/science/cumulative_guidance.pdf.

List of Subjects

Environmental protection.

Dated: January 20, 2004.

James Jones,

Director, Office of Pesticides Program.

[FR Doc. 04–2157 Filed 2–3–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0008; FRL–7341–9]

Experimental Use Permit; Receipt of 

Application

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 5345

SUMMARY: This notice announces receipt 

of an application 68467–EUP–6 from 

Dow AgroSciences requesting an 

experimental use permit (EUP) 

amendment/extension for the Bacillus 

thuringiensis variant Aizawai strain 

PS811 CryIF; Bacillus thuringiensis

variant Kurstaki strain HD73 Cry1Ac 

insecticidal proteins in cotton. The 

Agency has determined that the 

application may be of regional and 

national significance. Therefore, in 

accordance with 40 CFR 172.11(a), the 

Agency is soliciting comments on this 

application.

DATES: Comments, identified by docket 

ID number OPP–2004–0008, must be 

received on or before March 5, 2004.

ADDRESSES: Comments may be 

submitted electronically, by mail, or 

through hand delivery/courier. Follow 

the detailed instructions as provided in 

Unit I. of the SUPPLEMENTARY

INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Leonard Cole, Biopesticides and 

Pollution Prevention Division (7511C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–5412; e-mail address: 

cole.leonard@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

This action is directed to the public 

in general. This action may, however, be 

of interest to those persons involved in 

industry, crop production, animal 

production, food manufacturing, and 

pesticide manufacturing. Since other 

entities may also 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 person 

listed under FOR FURTHER INFORMATION

CONTACT.

B. How Can I Get Copies of this 

Document and Other Related 

Information?

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPP–2004–0008. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1921 Jefferson Davis 

Hwy., Arlington, VA. This docket 

facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805.

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/.

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/

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, select ‘‘search,’’

then key in the appropriate docket ID 

number.

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket.

For public commenters, 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 in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket.

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff.

C. How and To Whom Do I Submit 

Comments?

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. 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 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute.

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. 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. EPA’s policy is that EPA 

will not edit your comment, and 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.

5346 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Notices 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

at http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0008. The 

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. 

ii. E-mail. Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2004–0008. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket.

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption.

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2004–0008.

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1921 Jefferson 

Davis Hwy., Arlington, VA, Attention: 

Docket ID Number OPP–2004–0008. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the 

Agency?

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2.

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person listed under 

FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare 

My Comments for EPA?

You may find the following 

suggestions helpful for preparing your 

comments:

1. Explain your views as clearly as 

possible.

2. Describe any assumptions that you 

used.

3. Provide copies of any technical 

information and/or data you used that 

support your views.

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide.

5. Provide specific examples to 

illustrate your concerns.

6. Offer alternative ways to improve 

the notice.

7. Make sure to submit your 

comments by the deadline in this 

document.

8. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation.

II. Background

Dow AgroSciences has applied to 

amend/extend EUP 68467–EUP–6 for 

Bacillus thuringiensis variant Aizawai 

strain PS811 CryIF; Bacillus 

thuringiensis variant Kurstaki strain 

HD73 Cry1Ac insecticidal proteins in 

cotton to allow the planting of 4,951 

acres of cotton. The Dow AgroSciences 

program is authorized in the States of 

Alabama, Arizona, Arkansas, California, 

Florida, Georgia, Louisiana, Mississippi, 

Missouri, New Mexico, North Carolina, 

South Carolina, Tennessee, Texas, and 

Virginia. The original notice of approval 

for this EUP was published in the 

Federal Register on November 19, 2003 

(68 FR 65285) (FRL–7329–5).

III. What Action is the Agency Taking?

Following the review of the Dow 

AgroSciences application and any 

comments and data received in response 

to this notice, EPA will decide whether 

to issue or deny the EUP request for this 

EUP program, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register.

IV. What is the Agency’s Authority for 

Taking this Action?

The specific legal authority for EPA to 

take this action is under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) section 5.

List of Subjects

Environmental protection, 

Experimental use permits.

Dated: January 22, 2004.

Janet L. Andersen,

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs.

[FR Doc. 04–2158 Filed 2–3–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket ID Number OECA–2004–0002;

FRL–; CWA–HQ–2003–6000; CAA–HQ–

2003–6000; EPCRA–HQ–2003–6000; FRL–

7618–4] 

Clean Water Act Class II: Proposed 

Administrative Settlement, Penalty 

Assessment and Opportunity To 

Comment Regarding Nash Finch 

Company

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has entered into a 

consent agreement with Nash Finch 

Company (‘‘Nash Finch’’ or 

‘‘Respondent’’) to resolve violations of 

the Clean Water Act (‘‘CWA’’), the Clean 

Air Act (‘‘CAA’’), and the Emergency 

Planning and Community Right-toKnow Act (‘‘EPCRA’’) and their 

implementing regulations. 

The Administrator is hereby 

providing public notice of this consent 

agreement and proposed final order, and 

providing an opportunity for interested 

persons to comment on the CWA 

portions of this consent agreement, in 

accordance with CWA section 

311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).