Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13499 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. 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 did 

not consider 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 (E.O.) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

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. This 

action is not subject to E.O. 12898 

because this action merely extends the 

effective date for already promulgated 

requirements. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of March 6, 

2012. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 131 

Environmental protection, Water 

quality standards, Nitrogen/phosphorus 

pollution, Nutrients, Florida. 

Dated: February 16, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–5604 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0702; FRL–9339–7] 

Fenamiphos; Data Call-in Order for 

Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final order. 

SUMMARY: This order requires the 

submission of various data to support 

the continuation of the tolerances for 

the pesticide fenamiphos. Pesticide 

tolerances are established under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). Following publication of this 

order, persons who are interested in the 

continuation of the fenamiphos 

tolerances must notify the Agency by 

completing and submitting the required 

section 408(f) Order Response Form 

(available in the docket) within 90 days. 

If the Agency does not receive within 90 

days after publication of the final order 

a section 408(f) Response Form 

identifying a person who agrees to 

submit the required data, EPA will 

revoke the fenamiphos tolerances. 

DATES: This final order is effective 

March 7, 2012. A section 408(f) Order 

Response Form must be received on or 

before June 5, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2011–0702. 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. 

Submit your section 408(f) Order 

Response Form, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2011–0702, by one of the 

following methods: 

• Federal eRulemaking Portal: Follow 

the on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

• Instructions: Direct your section 

408(f) Order Response Form to docket 

ID number EPA–HQ–OPP–2011–0702. 

EPA’s policy is that all information and 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the information or comment includes 

information claimed to be CBI or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov or email. The 

regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send information or comments 

via an email directly to EPA without 

going through regulations.gov, your 

email address will be automatically 

captured and included as part of the 

information or comment that is placed 

in the docket and made available on the 

Internet. If you submit information or a 

comment electronically, EPA 

recommends that you include your 

name and other contact information in 

the body of your information or 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

information or comment due to 

technical difficulties and cannot contact 


srobinson on DSK4SPTVN1PROD with RULES
13500 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

you for clarification, EPA may not be 

able to consider your submission. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

• Docket: 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., 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 either 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 

hours of operation of this Docket 

Facility are 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: Eric 

Miederhoff, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 347–8028; email address: 

miederhoff.eric@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: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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 electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR cite at http:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. To access the harmonized 

test guidelines referenced in this 

document electronically, please go to 

http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines,’’ which 

is listed under ‘‘Documents related to 

our mission.’’ 

II. Background 

A. What action is the agency taking? 

In this document EPA is issuing an 

order requiring the submission of 

various data to support the continuation 

of the fenamiphos tolerances at 40 CFR 

180.349 under section 408 of the 

FFDCA, 21 U.S.C. 346a. 

Fenamiphos is not currently 

registered under FIFRA, 7 U.S.C. 136 et 

seq. The FIFRA registration for 

fenamiphos was canceled in 2007. 

However, four FFDCA tolerances remain 

for residues of fenamiphos on the 

following commodities: Bananas, 

grapes, pineapples, and raisins (40 CFR 

180.349). Since there are currently no 

domestic registrations for fenamiphos, 

these tolerances are referred to as 

‘‘import tolerances.’’ It is these 

tolerances that are addressed by the data 

call-in order. 

B. What is the agency’s authority for 

taking this action? 

Under section 408(f) of the FFDCA, 

EPA is authorized to require, by order, 

submission of data ‘‘reasonably required 

to support the continuation of a 

tolerance’’ when such data cannot be 

obtained under the Data Call-In 

authority of FIFRA section 3(c)(2)(B), or 

section 4 of the Toxic Substances 

Control Act (TSCA), 15 U.S.C. 2603. A 

FFDCA section 408 data call-in order 

may only be issued following 

publication of notice of the order and a 

60-day public comment provision. 

A section 408(f) Data Call-In order 

must contain the following elements: 

1. A requirement that one or more 

persons submit to EPA a notice 

identifying the person(s) who commit to 

submit the data required in the order; 

2. A description of the required data 

and the required reports connected to 

such data; 

3. An explanation of why the required 

data could not be obtained under 

section 3(c)(2)(B) of FIFRA or section 4 

of TSCA; and 

4. The required submission date for 

the notice identifying one or more 

interested persons who commit to 

submit the required data and the 

required submission dates for all the 

data and reports required in the order. 

(21 U.S.C. 346a(f)(1)(C)). 

EPA may by order modify or revoke 

the affected tolerances if any one of the 

following submissions is not made in a 

timely manner: 

i. A notice identifying the one or more 

interested persons who commit to 

submit the data; 

ii. The data itself; or 

iii. The reports required under a 

section 408(f) order are not submitted by 

the date specified in the order. (21 

U.S.C. 346a(f)(2)). 

C. What preliminary steps were taken by 

EPA prior to issuing this final order? 

On August 31, 2011, EPA issued a 

proposed data call-in order for the 

pesticide fenamiphos in connection 

with tolerances for that pesticide under 

section 408 of the FFDCA, 21 U.S.C. 

346a. (75 FR 44181). The proposed data 

call-in order included the following 

studies: 

1. Comparative Cholinesterase Assay 

(Non-Guideline). 

2. Immunotoxicity Study (870.7800). 

3. Crop Field Trials (860.1500)— 

(grapes; foliar use in Mexico). 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

EPA received one comment in 

response to the August 31, 2011, 

Federal Register notice announcing the 

Agency’s proposed data call-in order for 

fenamiphos (76 FR 54185; FRL–8886–2). 

However, this comment merely argued 

that there are too many toxic chemicals 

approved for use in the United States 

and did not, in any manner, address the 

Agency’s intention to issue a data callin order for fenamiphos. Therefore, no 

response to this comment is needed. In 

addition, the Agency has not received 

any of the data identified in the 

proposed order as needed to support the 

fenamiphos tolerances. 

IV. Final Data Call-in Order 

Because no comments were submitted 

on the proposal and the data 

deficiencies identified in the proposed 

order remain, EPA is issuing this final 

data call-in order under FFDCA section 

408(f)(1)(C) for fenamiphos in the same 

form as the proposed order and for the 

reasons set forth in that proposed order. 

Specifically, this order: 

1. Requires Notice of Intent to Submit 

Data. A notice identifying the person or 


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Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13501 

persons who commit to submit the data 

and reports in accordance with Unit 

V.2. must be submitted to EPA if any 

person wishes to support the 

fenamiphos tolerances. The notice must 

be submitted on a section 408(f) Order 

Response Form which is available in the 

electronic docket, http:// 

www.regulations.gov, under docket ID 

number EPA–HQ–OPP–2011–0702. 

2. Establishes a Deadline for 

Submission of Notice Identifying Data 

Submitters. The notice described in 

Unit V.1. identifying data submitters 

must be submitted to and received by 

EPA on or before June 5, 2012. 

Instructions on methods for submitting 

this notice (referred to in this order as 

a ‘‘section 408(f) Order Response 

Form’’) are set out under ADDRESSES. 

3. Describes Data and Reports 

Required to Support Continuation of the 

Fenamiphos Tolerances, Requires 

Submission of Those Data and Reports, 

and Establishes Deadlines for 

Submission. The table in this Unit 

describes the data and reports required 

to be submitted on fenamiphos under 

this order and the deadlines for the 

submission of each study and report. 

The required submission date is 

calculated from June 5, 2012. Thus, for 

example, if EPA generally allows 12 

months to complete a study, the 

required submission date for such a 

study under this order would be 15 

months from the date of publication of 

the order in the Federal Register. 

OCSPP Harmonized guideline No. Study title 

Timeframe for 

protocol report 

submission 

Timeframe for 

data 

submission 

Non-Guideline ................................ Comparative Cholinesterase Assay ........................... 12/7/2012 ....................................... 6/7/2013 

870.7800 ........................................ Immunotoxicity Study ................................................. 12/7/2012 ....................................... 6/7/2013 

860.1500 ........................................ Crop Field Trials (grapes; foliar use in Mexico) ......... Not Required .................................. 6/9/2014 

EPA provided a description of why 

the required data could not be obtained 

under section 3(c)(2)(B) of FIFRA or 

section 4 of TSCA in the proposed order 

and relies on that description in this 

final order. 

V. Failure To Submit Notice of Intent 

To Submit Data or Data and Reports 

If, by June 5, 2012 the Agency does 

not receive a section 408(f) Order 

Response Form identifying a person 

who agrees to submit the required data, 

EPA will revoke the fenamiphos 

tolerances at 40 CFR 180.349. Such 

revocation is subject to the objection 

and hearing procedure in FFDCA 

section 408(g)(2) but the only material 

issue in such a procedure is whether a 

submission required by the order was 

made in a timely fashion. 

Additional events that may be the 

basis for modification or revocation of 

fenamiphos tolerances include, but are 

not limited to the following: 

1. No person submits on the required 

schedule an acceptable protocol report 

when such report is required to be 

submitted to the Agency for review. 

2. No person submits on the required 

schedule acceptable data as required by 

the final order. 

VI. Statutory and Executive Order 

Reviews 

This action, which requires the 

submission of data in support of 

tolerances in accordance with FFDCA 

section 408, is in the form of an order 

and not a rule. (21 U.S.C. 346a(f)(1)(C)). 

Under the Administrative Procedures 

Act (APA), orders are expressly 

excluded from the definition of a rule. 

(5 U.S.C. 551(4)). Accordingly, the 

regulatory assessment requirements 

imposed on a rulemaking do not apply 

to this action, as explained further in 

the following discussion. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Because this order is not a ‘‘regulatory 

action’’ as that term is defined in 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), this action is not 

subject to review by the Office of 

Management and Budget (OMB) under 

Executive Orders 12866 and 13563 (76 

FR 3821, January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose 

additional burdens that require approval 

by OMB under the Paperwork 

Reduction Act (PRA) (44 U.S.C. 3501 et 

seq.). The information collection 

activities associated with the order 

requesting data from any party 

interested in supporting certain 

tolerances are already approved by OMB 

under OMB Control No. 2070–0174, and 

are identified by EPA ICR No. 2288.01. 

Burden is defined at 5 CFR 1320.3(b). 

Under the PRA, an Agency may not 

conduct or sponsor, and a person is not 

required to respond to a collection of 

information that requires OMB approval 

under PRA, unless it has been approved 

by OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument, or form, if 

applicable. 

C. Regulatory Flexibility Act 

Since this order is not a rule under 

the APA (5 U.S.C. 551(4)), and does not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

D. Unfunded Mandates Reform Act; 

Executive Order 13132: Federalism; and 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This order requests data from any 

party interested in supporting certain 

tolerances and does not impose 

obligations on any person or entity 

including States or tribes; nor does this 

action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of section 

408(n)(4) of FFDCA. As such, the 

Agency has determined that this action 

will not have a substantial direct effect 

on States or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132 (64 FR 

43255, August 10, 1999) and Executive 

Order 13175 (65 FR 67249, November 9, 

2000) do not apply to this order. In 

addition, this order does not impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1531– 

1538). 


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13502 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

E. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks; Executive Order 

13211: Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use; and Executive 

Order 12898: Federal Actions To 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

As indicated previously, this action is 

not a ‘‘regulatory action’’ as defined by 

Executive Order 12866. As a result, this 

action is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) and 

Executive Order 13211 (66 FR 28355, 

May 22, 2001). In addition, this order 

also does not require any special 

considerations under Executive Order 

12898 (59 FR 7629, February 16, 1994). 

F. National Technology Transfer and 

Advancement Act 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA), (15 U.S.C. 272 note). The 

Congressional Review Act, 5 U.S.C. 801 

et seq. does not apply because this 

action is not a rule as that term is 

defined in 5 U.S.C. 804(3). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Fenamiphos, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: February 24, 2012. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2012–5383 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0659; FRL–9336–6] 

Pyriofenone; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of pyriofenone, 

(5-chloro-2-methoxy-4-methyl-3- 

pyridinyl)(2,3,4-trimethoxy-6- 

methylphenyl) methanone, including its 

metabolites and degradates, in or on 

grape and grape, raisin. ISK BioSciences 

Corporation requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 7, 2012. Objections and requests 

for hearings must be received on or 

before May 7, 2012, 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–2010–0659. 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: 

Heather Garvie, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0034; email address: 

garvie.heather@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). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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 electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://ecfr.gpoaccess.gov/cgi/t/ 

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/ 

Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2010–0659 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before May 7, 2012. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2010–0659, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 


srobinson on DSK4SPTVN1PROD with RULES