11886 Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 

17. Registration Number/File Symbol: 

10163–277. Docket Number: EPA–HQ– 

OPP–2009–0325. Company Name and 

Address: Gowan Company, 370 South 

Main Street, Yuma, AZ 85364. Active 

Ingredient: Hexythiazox. Proposed Uses: 

Sweet corn; beans, dry; beans, 

succulent; fruit, stone, Crop Group 12. 

Contact: Olga Odiott, (703) 308–9369, 

odiott.olga@epa.gov. 

18. Registration Number/File Symbol: 

10163–283. Docket Number: EPA–HQ– 

OPP–2009–0836. Company Name and 

Address: Gowan Company, 370 South 

Main Street, Yuma, AZ 85366. Active 

Ingredient: EPTC. Proposed Uses: 

Regionally-restricted pre-plant and preemergence applications to established 

seed production grass fields in the states 

of Idaho, Oregon, and Washington for 

control of annual bluegrass. Contact: 

Bethany Benbow, (703) 347–8072, 

benbow.bethany@epa.gov. 

19. Registration Number/File Symbol: 

59639–35. Docket Number: EPA–HQ– 

OPP–2009–0644. Company Name and 

Address: Valent U.S.A. Corporation, 

P.O. Box 8025, Walnut Creek, CA 94596. 

Active Ingredient: Fenpropathrin. 

Proposed Uses: Tropical fruits: guava, 

acerola, feijoa, jaboticaba, passionfruit, 

starfruit, wax jambu, lychee, longan, 

Spanish lime, pulasan, rambutan, sugar 

apple, atemoya, biriba, cherimoya, 

custard apple, ilama and soursop; tea. 

Contact: Olga Odiott, (703) 308–9369, 

odiott.olga@epa.gov. 

20. Registration Number/File Symbol: 

62719–387, 62719–396 and 62719–402. 

Docket Number: EPA–HQ–OPP–2005– 

0307. Company Name and Address: 

Dow AgroSciences, LLC, 9330 

Zionsville Road, Indianapolis, IN 

46268–1054. Active Ingredient: 

Mancozeb. Proposed Uses: Almonds, 

broccoli, cabbage, lettuce, pepper. 

tropical fruits, sugar apple, ginseng, 

cucurbit vegetables. Contact: Lisa Jones, 

(703) 308–9424, jones.lisa@epa.gov. 

21. Registration Number/File Symbol: 

66330–64, 66330–65. Docket Number: 

EPA–HQ–OPP–2009–0677. Company 

Name and Address: Arysta LifeScience 

North America, 15401 Weston Parkway, 

Suite 150, Cary, NC 27513. Active 

Ingredient: Fluoxastrobin. Proposed 

Uses: Sweet corn, wheat. Contact: John 

Bazuin, (703) 305–7381, 

bazuin.john@epa.gov. 

22. Registration Number/File Symbol: 

70506–183, 70506–185, 70506–194. 

Docket Number: EPA-HQ–OPP–2005– 

0307. Company Name and Address: 

United Phosphorus, Inc., 630 Freedom 

Business Center, Suite 402, King of 

Prussia, PA 19406. Active Ingredient: 

Mancozeb. Proposed Uses: Tropical 

fruits, sugar apple, ginseng, cucurbit 

vegetables. Contact: Lisa Jones, (703) 

308–9424, jones.lisa@epa.gov. 

23. Registration Number/File Symbol: 

72642–0. Docket Number: EPA–HQ– 

OPP–2008–0688. Company Name and 

Address: Elanco Animal Health, A 

Division of Eli Lilly and Company, 2001 

W. Main Street, Greenfield, IN 46140. 

Active Ingredient: Spinetoram. Proposed 

Use: Spot-on for cats and kittens. 

Contact: Samantha Hulkower, (703) 

603–0683, 

hulkower.samantha@epa.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: March 1, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–5488 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9126–6] 

Proposed Settlement Agreement and 

Consent Decree, Clean Air Act Citizen 

Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlement 

agreement and consent decree; request 

for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement and consent decree, to 

address a lawsuit filed by Wildearth 

Guardians: Wildearth Guardians v. 

Jackson, Civil Action No. 09–cv–02148– 

REB–MJW (D. Col.). On or about 

October 22, 2009, Wildearth Guardians 

filed an amended complaint alleging 

that EPA Administrator Jackson failed to 

comply with a mandatory duty to fully 

or partially approve or disapprove State 

Implementation Plan (SIP) submissions 

from the States of Colorado, Montana, 

New Mexico and Utah within the time 

frame required by section 110(k)(2) of 

the Act and asking the court to enter 

judgment providing: (i) A declaration 

that EPA has violated and continues to 

violate the Act by failing to take final 

action on the SIP submittals; and, (ii) 

An injunction compelling EPA to take 

final action on the SIP submittals by a 

date certain with interim deadlines to 

assure compliance with the court’s 

order. Under the terms of the proposed 

settlement agreement and consent 

decree, EPA agrees to sign a proposed 

action on certain of the SIP submittals 

by the date specified for the particular 

submittal and to take final action on 

each of the SIP submittals by the date 

specified for the particular submittal. 

DATES: Written comments on the 

proposed settlement agreement and 

consent decree must be received by 

April 12, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2010–0221, online at 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 

FOR FURTHER INFORMATION CONTACT: Rick 

Vetter, Air and Radiation Law Office 

(2344A), Office of General Counsel, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone: (919) 541–2127; 

fax number (919) 541–4991; e-mail 

address: vetter.rick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement or Consent Decree 

On October 22, 2009, Wildearth 

Guardians, a non-profit conservation 

organization, filed an amended 

complaint in the United States District 

Court for the District of Colorado (Civil 

Action No. 09–cv–02148–REB–MJW). In 

the amended complaint, Wildearth 

Guardians alleges that EPA has failed to 

take action to approve or disapprove, in 

whole or in part, a number of State 

Implementation Plan (‘‘SIP’’) 

submissions from the States of 

Colorado, Montana, New Mexico and 

Utah within the time frame required by 

section 110(k)(2) of the Clean Air Act, 

42 U.S.C. 7410(k)(2), in violation of its 

non-discretionary duty to take such 

action within that time frame. The 

amended complaint identifies a total of 

55 SIP submittals (10 from Colorado, 12 

from Montana, 7 from Utah and 26 from 

New Mexico) on which EPA is alleged 

to have failed to take timely action. 

The EPA elected to use both a 

settlement agreement and a consent 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 48 / Friday, March 12, 2010 / Notices 11887 

decree to document its agreement with 

Wildearth Guardians. Both documents 

identify each individual SIP submittal 

that is addressed in the particular 

document. For some of the submittals 

the relevant document specifies both a 

date for signature on a proposed action 

and a date for signature on a final 

action, while for others, the relevant 

document only specifies a date for 

signature on a final action. The earliest 

date by which signature on a final 

action is required is 12/31/2010 and the 

latest date by which signature on a final 

action is required is 6/29/2012. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will receive written 

comments relating to the proposed 

settlement agreement and consent 

decree from persons who were not 

named as parties or intervenors to the 

litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

settlement agreement and/or consent 

decree if the comments disclose facts or 

considerations that indicate that such 

consent is inappropriate, improper, 

inadequate, or inconsistent with the 

requirements of the Act. Unless EPA or 

the Department of Justice determines, 

based on any comment which may be 

submitted, that consent to the 

settlement agreement and/or consent 

decree should be withdrawn, the terms 

of the agreement and decree will be 

affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement and/or Consent 

Decree 

A. How Can I Get a Copy of the 

Settlement Agreement and/or Consent 

Decree? 

Direct your comments to the official 

public docket for this action under 

Docket ID No. EPA–HQ–OGC–2010– 

0221 which contains a copy of both the 

settlement agreement and the consent 

decree. The official public docket is 

available for public viewing at the 

Office of Environmental Information 

(OEI) Docket in the EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center 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 OEI Docket is (202) 566– 

1752. 

An electronic version of the public 

docket is available through 

www.regulations.gov. You may use the 

www.regulations.gov 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, 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. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through 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. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

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 Web 

site 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, e-mail 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 (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail 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. 

Dated: March 8, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–5483 Filed 3–11–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting; Open 

Commission Meeting; Tuesday, March 

16, 2010 

Date: March 9, 2010. 

The Federal Communications 

Commission will hold an Open Meeting 

on the subject listed below on Tuesday, 

March 16, 2010, which is scheduled to 

commence at 10:30 in Room TW–C305, 

at 445 12th Street, SW., Washington, 

DC. 

With respect to the item on the open 

meeting agenda, the Commission, on its 

own motion, is waiving the prohibition 

on ex parte presentations that normally 

applies during the Sunshine period. 47 

C.F.R. §§ 1.1200(a), 1.1203. Parties that 

make ex parte presentations that would 

otherwise be subject to disclosure 

requirements must continue to disclose 

them during the Sunshine period. Id. § 

1.1206(b). 

The meeting will include a 

presentation of the National Broadband 

Plan. 


srobinson on DSKHWCL6B1PROD with NOTICES