Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices 81205 

If you are interested in information 

that is not included in these tables, you 

may contact EPA’s technical 

information contact or general 

information contact as described under 

FOR FURTHER INFORMATION CONTACT to 

access additional non-CBI information 

that may be available. 

Authority: 15 U.S.C. 2601 et seq. 

Dated: November 12, 2020. 

Pamela Myrick, 

Director, Information Management Division, 

Office of Pollution Prevention and Toxics. 

[FR Doc. 2020–27540 Filed 12–14–20; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OGC–2020–0612; FRL 10017–99– 

OGC] 

Proposed Settlement Agreement; 

Biological Evaluations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlement 

agreement; request for public comment. 

SUMMARY: In accordance with the 

Environmental Protection Agency (EPA) 

Administrator’s October 16, 2017, 

Directive Promoting Transparency and 

Public Participation in Consent Decrees 

and Settlement Agreements, notice is 

hereby given of a proposed settlement 

agreement in the five consolidated 

petitions for review in Center for 

Biological Diversity, et al. v. EPA (D.C. 

Cir. Nos. 15–1054, 15–1176, 15–1389, 

15–1462 and 16–1351) in the United 

States Court of Appeals for the District 

of Columbia. In 2015 and 2016, the 

Center for Biological Diversity and other 

Petitioners (collectively, ‘‘Petitioners’’) 

filed five petitions for review of 

registrations containing five active 

ingredients: flupyradifurone, 

bicyclopyrone, benzovindiflupyr, 

cuprous iodide, and haluaxifen-methyl. 

The five petitions for review alleged that 

EPA violated the Endangered Species 

Act (‘‘ESA’’) by failing to consult on the 

effects to listed species when registering 

products containing the five new active 

ingredients. The Court consolidated the 

cases on June 20, 2018. The registrants 

for each active ingredient other than 

cuprous iodide sought and were granted 

intervention. 

EPA, the Petitioners and the 

Defendant-Intervenors (collectively, 

‘‘the Parties’’) are proposing to enter 

into an out-of-court settlement 

agreement, which, among other things, 

calls for the Parties to file a Joint Motion 

for Order on Consent requesting that the 

Court order EPA to: complete a final 

effects determination for any use of 

cuprous iodide that is approved for sale 

and distribution by August 13, 2021; 

complete final Biological Evaluations 

for two of the other active ingredients by 

September 30, 2025 and the remaining 

two active ingredients by September 30, 

2027; and initiate consultation with the 

National Marine Fisheries Service and/ 

or the Fish and Wildlife Service 

(Services) as appropriate based on the 

outcome of the Biological Evaluations. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by January 14, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2020- 0612 online at 

www.regulations.gov (EPA’s preferred 

method). For comments submitted at 

www.regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA generally 

will not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Erin 

S. Koch, Pesticides and Toxic 

Substances Law Office (2333A), Office 

of General Counsel, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460; 

telephone: (202) 564–1718; email 

address: koch.erin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

In 2015 and 2016, Petitioners filed 

five petitions for review in the Court of 

Appeals for the D.C. Circuit as EPA 

issued registrations for five new active 

ingredients, namely flupyradifurone, 

bicyclopyrone, benzovindiflupyr, 

cuprous iodide, and halauxifen-methyl. 

The petitions for review alleged that 

EPA violated Section 7(a)(2) of the ESA 

by failing to consult on the effects to 

listed species of the five new active 

ingredients. The Court consolidated the 

cases on June 20, 2018. The registrants 

for each active ingredient other than 

cuprous iodide sought and were granted 

intervention. 

The Parties have been engaged in 

settlement negotiations to reach an 

agreement in this case. The proposed 

settlement agreement between the 

Parties calls for, among other things, the 

Parties to file a Joint Motion for Order 

on Consent requesting that the Court 

order EPA to: (1) Complete a final 

effects determination for any use of 

cuprous iodide that is approved for sale 

and distribution by August 13, 2021; (2) 

complete final Biological Evaluations 

(BEs) for two of the other active 

ingredients by September 30, 2025 and 

the remaining two active ingredients by 

September 30, 2027; and (3) initiate 

consultation as appropriate based on the 

outcome of the BEs. 

Similar to the settlement agreement in 

CBD, et al. v. EPA, et al. (Case No. CV– 

11–0293–JCS (N.D. Cal.)), this proposed 

settlement agreement provides for the 

possibility of extending these dates if 

specific events occur, such as an 

extension of a comment period. 

In addition to the commitments 

above, the settlement agreement 

provides that within three months of 

issuance of draft BEs or no later than 

December of 2024 and 2026, the Parties 

will meet and discuss potential interim 

measures. The settlement agreement 

also provides that EPA will maintain a 

web page that includes the settlement 

agreement, associated court orders, and 

a link to an independent 3rd-party web 

page hosted, maintained, and funded by 

Defendant-Intervenors. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

settlement agreement from persons who 

are not named as parties to the litigation 

in question. EPA may withdraw or 

withhold consent to the proposed 

settlement if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the ESA or the 

Federal Insecticide, Fungicide, and 

Rodenticide Act. Unless EPA 

determines that consent should be 

withdrawn, the terms of the proposed 

settlement agreement will be affirmed. 

81206 Federal Register / Vol. 85, No. 241 / Tuesday, December 15, 2020 / Notices 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How can I get a copy of the proposed 

settlement agreement? 

The official public docket for this 

action (identified by EPA–HQ–OGC– 

2020–0612) contains a copy of the 

proposed settlement agreement and 

proposed order that will be filed with 

the Joint Motion for Order on Consent. 

The EPA is temporarily suspending its 

Docket Center and Reading Room for 

public visitors, with limited exceptions, 

to reduce the risk of transmitting 

COVID–19. Our Docket Center staff will 

continue to provide remote customer 

service via email, phone, and webform. 

We encourage the public to submit 

comments via https://

www.regulations.gov/ as there may be a 

delay in processing mail and faxes. 

Hand deliveries or couriers will be 

received by scheduled appointment 

only. For further information and 

updates on EPA Docket Center services, 

please visit us online at https://

www.epa.gov/dockets. 

The EPA continues to carefully and 

continuously monitor information from 

the Centers for Disease Control and 

Prevention (CDC), local area health 

departments, and our Federal partners 

so that we can respond rapidly as 

conditions change regarding COVID–19. 

The electronic version of the public 

docket for this action contains a copy of 

the proposed settlement agreement and 

proposed order that will be filed with 

the Joint Motion for Order on Consent, 

and is available through https://

www.regulations.gov. You may use 

www.regulations.gov to submit or view 

public comments, access the index 

listing of the contents of the official 

public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 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 online at www.regulations.gov 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. 

EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Please refer to the information 

above about the current status of the 

EPA Docket Center. 

B. How and to whom do I submit 

comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. 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. 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. 

Use of the www.regulations.gov 

website to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, email address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 

through www.regulations.gov, your 

email address is automatically captured 

and included as part of the comment 

that is placed in the official public 

docket, and made available in EPA’s 

electronic public docket. 

Joseph E. Cole, 

Associate General Counsel. 

[FR Doc. 2020–27541 Filed 12–14–20; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ACCOUNTING STANDARDS 

ADVISORY BOARD 

Notice of Request for Comment on the 

Annual Report for Fiscal Year 2020 and 

Three-Year Plan 

AGENCY: Federal Accounting Standards 

Advisory Board. 

ACTION: Notice. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Monica R. Valentine, Executive 

Director, 441 G Street NW, Suite 1155, 

Washington, DC 20548, or call (202) 

512–7350. 

SUPPLEMENTARY INFORMATION: Pursuant 

to 31 U.S.C. 3511(d), the Federal 

Advisory Committee Act, as amended (5 

U.S.C. App.), and the FASAB Rules Of 

Procedure, as amended in October 2010, 

notice is hereby given that the Federal 

Accounting Standards Advisory Board 

(FASAB) has issued its Annual Report 

for Fiscal Year 2020 and Three-Year 

Plan. 

The Annual Report for Fiscal Year 

2020 and Three-Year Plan is available 

on the FASAB website at https://

www.fasab.gov/our-annual-reports/. 

Copies can be obtained by contacting 

FASAB at (202) 512–7350. 

Respondents are encouraged to 

comment on the content of the annual 

report, FASAB’s project priorities for 

the next three years, and the potential 

projects the Board will consider moving 

forward. Written comments are 

requested by January 21, 2021, and 

should be sent to fasab@fasab.gov or 

Ms. Monica R. Valentine, Executive 

Director, Federal Accounting Standards 

Advisory Board, 441 G Street NW, Suite 

1155, Washington, DC 20548. 

Authority: Federal Advisory Committee 

Act (5 U.S.C. App.), 31 U.S.C. 3511(d). 

Dated: December 8, 2020. 

Monica R. Valentine, 

Executive Director. 

[FR Doc. 2020–27566 Filed 12–14–20; 8:45 am] 

BILLING CODE 1610–02–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act Meetings 

TIME AND DATE: 10:00 a.m. on Tuesday, 

December 15, 2020. 

PLACE: The meeting is open to the 

public. Out of an abundance of caution 

related to current and potential 

coronavirus developments, the public’s 

means to observe this Board meeting 

will be via a Webcast live on the 

internet and subsequently made 

available on-demand approximately one