18590 Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices 

downloaded from the following URL 

address: http://www.epa.gov/oppt/aegl/ 

pubs/ethics_form.pdf. 

Dated: March 14, 2013. 

Javier Araujo, 

Designated Federal Officer. 

[FR Doc. 2013–07089 Filed 3–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0191; FRL–9380–4] 

Organic Arsenicals; Amendments to 

Terminate Uses; Amendment to 

Existing Stocks Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA issued a document in the 

Federal Register of September 30, 2009 

(74 FR 50187) (FRL–8437–7) concerning 

the cancellations and amendments of 

pesticide products containing organic 

arsenicals. A portion of the voluntary 

cancellation request giving rise to the 

2009 document was conditioned upon 

the convening of a public scientific peer 

review process that would address the 

mode of action for carcinogenic effects 

of inorganic arsenic. Because the peer 

review process has not yet occurred, the 

cancellations of the sod farm, golf 

course, and highway rights-of-way uses 

identified in the 2009 document were 

improperly finalized, and the existing 

stocks provisions for all remaining 

products containing the organic 

arsenical monosodium methanearsonate 

(MSMA) will be corrected as noted in 

Unit II. of this document. In addition, 

this document clarifies that existing 

stocks of products already in the hands 

of users as of December 31, 2010, 

containing MSMA labeled for all uses, 

except cotton, sod farms, golf courses, 

and highway rights-of-way and products 

containing disodium methanearsonate 

(DSMA), calcium acid methanearsonate 

(CAMA), and cacodylic acid and its 

sodium salt, can be used legally until 

they are exhausted, provided that such 

use complies with the EPA-approved 

label and labeling accompanying the 

affected product. 

FOR FURTHER INFORMATION CONTACT: Tom 

Myers, Pesticide Re-evaluation Division 

(7508P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8589; email address: 

myers.tom@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, and 

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. 

B. How can I get copies of this document 

and other related information? 

The docket for this action, identified 

by docket identification (ID) number 

EPA–HQ–OPP–2009–0191, is available 

at http://www.regulations.gov or at the 

Office of Pesticide Programs Regulatory 

Public Docket (OPP Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

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

II. Background 

The voluntary cancellation request 

identified in the 2009 document (74 FR 

50187) was based upon a negotiated 

Agreement in Principle to Implement 

the Organic Arsenicals Reregistration 

Eligibility Decision dated January 16, 

2009. Under that Agreement, certain 

uses were to be cancelled 

unconditionally, while others were 

subject to future cancellation 

conditionally. The products that were 

cancelled unconditionally in the 2009 

document were MSMA labeled for 

residential; forestry; non-bearing fruit 

and nuts; citrus, bearing and nonbearing; bluegrass, fescue and ryegrass 

grown for seed; drainage ditch banks; 

railroad, pipeline, and utility rights-ofway; fence rows; storage yards; and 

similar non-crop areas and all products 

containing DSMA, CAMA, cacodylic 

acid and its sodium salt. Regarding the 

golf course, sod farms, and highway 

rights-of-way uses, paragraph 3 of that 

agreement provided that EPA would 

convene a public meeting of either the 

Agency’s Scientific Advisory Board, the 

Scientific Advisory Panel, or both to 

evaluate any new data on the mode of 

action of inorganic arsenicals, and 

paragraph 6 of the agreement provided 

that, before the cancellations of golf 

course, sod farms, and highway rightsof-way uses of MSMA would take effect, 

EPA would make a written 

determination whether EPA believes 

that the science on the mode of action 

has changed sufficiently to warrant the 

continued registration of those uses. 

Thus, a portion of the cancellation 

request and existing stocks provision of 

the 2009 document were conditioned 

upon the timely completion of the peer 

review process and EPA’s written 

determination thereto. 

In light of a Congressional directive to 

have the National Academy of Sciences 

(NAS) look at the mode of action for 

carcinogenic effects by inorganic 

arsenic, EPA and the arsenic registrants 

recently agreed to modify paragraph 3 of 

the agreement to include the NAS as a 

third potential peer review body, one of 

which must hold a public meeting on 

the mode of action before the last use 

cancellations can be finalized. It is 

EPA’s current intention to rely on the 

NAS for the peer review of the mode of 

action issue although EPA retains the 

right to utilize either of the Agency’s 

scientific peer review bodies if it later 

determines that would be more 

appropriate. The NAS final report is 

currently scheduled to be completed in 

late 2015. See the letter from Richard P. 

Keigwin Jr., Director, Pesticide Reevaluation Division, to Lynn Bergeson 

on behalf of the Organic Arsenical 

Products Task Force dated September 

14, 2012 regarding the modification to 

paragraph 3 of Agreement in Principle, 

located in docket number EPA–HQ– 

OPP–2009–0191. 

In the cancellation order of the 2009 

document registrants would have been 

prohibited from selling and distributing 

products containing MSMA for use on 

sod farms, golf courses, and highway 

rights-of-way after December 31, 2012. 

Persons other than registrants would 

have been prohibited from selling and 

distributing products containing MSMA 

for use on sod farms, golf courses, and 

highway rights-of-way after June 30, 

2013, and after December 31, 2013 use 

of products containing MSMA labeled 

for all uses, except cotton would have 

been prohibited. All of those 

prohibitions were predicated, among 

other things, upon the convening of a 

scientific peer review to evaluate the 

mode of action of inorganic arsenicals, 

and the agreement contained a 

provision delaying the effective date of 

cancellation (and the related existing 

stocks provision) until such time as the 

Agency provides a written 

determination regarding the peer review 

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices 18591 

evaluation. Because that peer review 

process has not yet occurred, the related 

cancellations can not yet be finalized. 

Pursuant to the agreement, a number 

of registrants amended their 

registrations to require the addition of 

label statements identifying December 

31, 2013 as the last date the product 

could be used legally on sod farms, golf 

courses, and highway rights-of-way. In 

light of the fact, as discussed in this 

Unit, that the cancellations of products 

registered for use on sod farms, golf 

courses, and highway rights-of-way did 

not become effective in 2009, and that 

these uses remain registered, registrants 

have submitted labels removing the 

restrictive statement prohibiting use of 

the product on sod farms, golf courses, 

and highway rights-of-way after 

December 31, 2013. All products with 

labels that include the prohibitive 

language must be used according to 

their labels. EPA intends to issue a new 

cancellation order when and if 

cancellation of these uses is proper 

under the terms of the agreement. 

Finally, as to the uses that were 

cancelled in the 2009 document without 

regard to the conduct of a peer review 

of the mode of action of inorganic 

arsenicals, EPA is clarifying that 

existing stocks of products in users’ 

hands as of December 31, 2010, 

containing MSMA labeled for 

residential; forestry; non-bearing fruit 

and nuts; citrus, bearing and nonbearing; bluegrass, fescue and ryegrass 

grown for seed; drainage ditch banks; 

railroad, pipeline, and utility rights-ofway; fence rows; storage yards; and 

similar non-crop areas and products 

containing DSMA, CAMA, cacodylic 

acid and its sodium salt, can be used 

legally until they are exhausted, 

provided that such use complies with 

the EPA-approved label and labeling 

accompanying the affected product. 

This was the intent of the original order, 

but some language in the order may 

have suggested incorrectly that such use 

of existing stocks would be terminated 

after December 31, 2013. 

III. What does this document do? 

In light of the fact that a portion of the 

cancellation was improperly finalized, 

EPA is issuing this document to alert 

registrants, users, and others that the 

cancellation of products registered for 

use on sod farms, golf courses, and 

highway rights-of-way in the 2009 

document is not effective, and that the 

order and existing stocks provision did 

not go into effect on September 30, 

2009. That portion of the cancellation 

order will not be proper until EPA has 

addressed in writing the 

recommendations of a peer review panel 

pursuant to paragraph 6 of the 

Agreement in Principle. When and if 

that portion of the voluntary 

cancellation becomes effective, persons 

other than registrants will have at least 

six additional months to sell and 

distribute existing stocks of the 

cancelled product, and users will have 

at least one additional year to use 

existing stocks of cancelled product 

(provided use is consistent with the 

previously-approved labeling of the 

particular product in the users’ hands). 

In addition, EPA is clarifying that 

existing stocks of products in users’ 

hands as of December 31, 2010, 

containing MSMA labeled for 

residential; forestry; non-bearing fruit 

and nuts; citrus, bearing and nonbearing; bluegrass, fescue and ryegrass 

grown for seed; drainage ditch banks; 

railroad, pipeline, and utility rights-ofway; fence rows; storage yards; and 

similar non-crop areas and products 

containing DSMA, CAMA, cacodylic 

acid and its sodium salt, can be used 

legally until they are exhausted, 

provided that such use complies with 

the EPA-approved label and labeling 

accompanying the affected product. 

List of Subjects 

Environmental protection, MSMA, 

organic arsenicals, pesticides. 

Dated: March 19, 2013. 

Richard P. Keigwin Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2013–07074 Filed 3–26–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being 

Submitted for Review and Approval to 

the Office of Management and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Federal Communications 

Commission (FCC), as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

other Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act (PRA) of 1995. An agency may not 

conduct or sponsor a collection of 

information unless it displays a 

currently valid control number. No 

person shall be subject to any penalty 

for failing to comply with a collection 

of information subject to the PRA that 

does not display a valid control number. 

Comments are requested concerning 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor a 

collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid Office 

of Management and Budget (OMB) 

control number. 

DATES: Written comments should be 

submitted on or before April 26, 2013. 

If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contacts below as soon as 

possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, OMB, via fax 202– 

395–5167, or via email 

Nicholas_A._Fraser@omb.eop.gov; and 

to Cathy Williams, FCC, via email 

PRA@fcc.gov <mailto:PRA@fcc.gov> and 

to Cathy.Williams@fcc.gov. Include in 

the comments the OMB control number 

as shown in the ‘‘Supplementary 

Information’’ section below. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collection, contact Cathy 

Williams at (202) 418–2918. To view a 

copy of this information collection 

request (ICR) submitted to OMB: (1) Go 

to the Web page <http:// 

www.reginfo.gov/public/do/PRAMain>, 

(2) look for the section of the Web page 

called ‘‘Currently Under Review,’’ (3) 

click on the downward-pointing arrow 

in the ‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the 

right of the ‘‘Select Agency’’ box, (6) 

when the list of FCC ICRs currently 

under review appears, look for the OMB 

control number of this ICR and then 

click on the ICR Reference Number. A 

mstockstill on DSK4VPTVN1PROD with NOTICES