### 53141 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices

Dated: August 22, 2013. G. Jeffrey Herndon, Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 2013–21017 Filed 8–27–13; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**[EPA–HQ–OPP–2010–0014; FRL–9396–4]**

**Notice of Receipt of Requests To Voluntarily Cancel Certain Pesticide**  **Registrations**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice.

**SUMMARY :**  In accordance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests by registrants to voluntarily cancel certain pesticide registrations. Included in this notice is a request from Nufarm SA to voluntarily cancel the last three remaining amitrole products registered for use in the United States. EPA intends to grant these requests at the close of the comment period for this announcement unless the Agency receives substantive comments within the comment period that would merit its further review of the requests, or unless the registrants withdraw its requests. If these requests are granted, any sale, distribution, or use of products listed in this notice will be permitted after the registration has been canceled only if such sale, distribution, or use is consistent with the terms as described in the final order.

**DATES :**  Comments must be received on or before February 24, 2014.

**ADDRESSES :**  Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2010–0014, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

• Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001.

Submit written withdrawal request by mail to: Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. ATTN: John W. Pates, Jr. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.htm.

Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

**FOR FURTHER INFORMATION CONTACT :**  John W. Pates, Jr., Pesticide Re-Evaluation Division (7508P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8195; email address: pates.john@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. B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, 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 claimed as CBI. In addition to one complete version of the comment that includes 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. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for preparing your comments. When submitting comments, remember

to:

i. Identify the document by docket ID number and other identifying information (subject heading, Federal Register date and page number).

ii. Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

iii. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. iv. Describe any assumptions and provide any technical information and/or data that you used.

v. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

vi. Provide specific examples to illustrate your concerns and suggest alternatives.

vii. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

viii. Make sure to submit your comments by the comment period deadline identified. II. What action is the agency taking?

This notice announces receipt by the Agency of requests from registrants to cancel 17 pesticide products registered under FIFRA section 3 or 24(c). These registrations are listed in sequence by registration number (or company number and 24(c) number) in Table 1 of this unit.

This notice announces receipt by EPA of a request from the registrant Nufarm SA to cancel the last three remaining amitrole product registrations. Amitrole is a triazole-containing herbicide registered for use for outdoor generalweed control to non-agricultural rightsof-way, industrial and construction sites, fencerows, and other uncultivated areas. Tolerances are not currently established for amitrole as there are no registered food or feed uses. There are no residential uses currently registered for amitrole. The registration review process for amitrole began in June 2011, with the issuance of the Preliminary Work Plan for Registration Review in the docket EPA–HQ–OPP–2011–0105 for a 60-day public comment period. The Amitrole Final Work Plan for Registration Review was completed and placed in the docket in December 2011, and the registration review data-call-in was issued in November 2012. Nufarm SA is the only current registrant of amitrole products. In a letter to EPA, dated May 30, 2013, Nufarm SA requested voluntary cancellation of the amitrole technical product (EPA Registration No. 33688–5) and the two remaining amitrole end-use products (EPA Registration Nos. 33688–6 and 33688–10). These are the last three amitrole products registered for use in the United States.

Unless the Agency determines that there are substantive comments that warrant further review of the requests or the registrants withdraw their requests, EPA intends to issue an order in the Federal Register canceling all of the affected registrations listed in Table 1 of this unit.


### 53142 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices

TABLE 

### 1—R EGISTRATIONS 

### W ITH 

### P ENDING 

### R EQUESTS FOR 

### C ANCELLATION

Registration No. Product name Chemical name

000100–00736 ............ Banner GL ........................................................................... Propiconazole. 000100–00737 ............ Tilt Gel Fungicide ................................................................. Propiconazole. 000400–00587 ............ Technical Orthosulfamuron .................................................. Orthosulfamuron. 000400–00588 ............ Percutio GR ......................................................................... Orthosulfamuron. 000400–00589 ............ Percutio WG ........................................................................ Orthosulfamuron. 000400–00590 ............ Percutio XT .......................................................................... Orthosulfamuron. 012455–00134 ............ Technical Hydramethylnon .................................................. Hydramethylnon. 033688–00005 ............ Technical Amitrole ............................................................... Amitrole. 033688–00006 ............ Maxata Brand Industrial Herbicide ...................................... Amitrole. 033688–00010 ............ Maxata Water Soluble Granules ......................................... Amitrole. 062190–00008 ............ Wolman Concentrate 72% ................................................... Arsenic Oxide (As2O5), Chromic Acid, Cupric Oxide. CA–100005 ................. Terad 3 Ag Pellets ............................................................... 9,10-Secocholesta-5,7,10(19)-trien-3-ol, (3 beta.,5Z,7E)-. NC–090005 ................. Milestone VM ....................................................................... Triisoprpoanolamine salt of aminopyralid. NC–100004 ................. Milestone VM ....................................................................... Triisoprpoanolamine salt of aminopyralid. WA–980019 ................ Agri-Mek 0.15 EC, Miticide/Insecticide ................................ Abamectin. WI–110003 .................. Lorsban 15G ........................................................................ Chlorpyrifos. WI–110005 .................. Spartan 4F ........................................................................... Sulfentrazone.

Table 2 of this unit includes the names and addresses of record for all registrants of the products in Table 1 of this unit, in sequence by EPA company number. This number corresponds to the first part of the EPA registration numbers of the products listed in this unit.



### TABLE 

### 2—R EGISTRANTS 

### R EQUESTING 

### V OLUNTARY 

### C ANCELLATION

EPA Company No. Company name and address

100 WA–980019 ............................. Syngenta Crop Protection, LLC, 410 Swing Road, P.O. Box 18300, Greensboro, NC 27419–8 300. 400 .................................................. Chemtura Corporation, 199 Benson Road, Middlebury, CT 06749. 12455, CA–100005 ......................... Bell Laboratories, Inc., 3699 Kinsman Blvd., Madison, WI 53704. 33688 .............................................. Nufarm SA, Agent: Nufarm Americas, Inc., 4020 Aerial Center Parkway, Suite 101, Morrisville, NC 27560. 62190 .............................................. Arch Wood Protection, Inc., 5660 New Northside Drive NW., Suite 1100, Atlanta, GA 30328. NC–090005, NC–100004, WI–

110003. Dow AgroSciences LLC, 9330 Zionsville Rd, 308/2E, Indianapolis, IN 46268–1054.

WI–110005 ...................................... FMC Corp., Agricultural Products Group, ATTN: Michael C. Zucker, 1735 Market St., Room 1978, Philadelphia, PA 19103.

III. What is the agency’s authority for taking this action?

Section 6(f)(1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register

.

Section 6(f)(1)(B) of FIFRA requires that before acting on a request for voluntary cancellation, EPA must provide a 30-day public comment period on the request for voluntary cancellation or use termination. In addition, FIFRA section 6(f)(1)(C) requires that EPA provide a 180-day comment period on a request for voluntary cancellation or termination of any minor agricultural use before granting the request, unless:

1. The registrants request a waiver of the comment period, or

2. The EPA Administrator determines that continued use of the pesticide would pose an unreasonable adverse effect on the environment. The registrants in Table 2 of Unit II. have not requested that EPA waive the 180-day comment period. Accordingly, EPA will provide a 180-day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

Registrants who choose to withdraw a request for cancellation should submit such withdrawal in writing to the person listed under **FOR FURTHER**
**INFORMATION CONTACT** . If the products have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. V. Provisions for Disposition of Existing Stocks

Existing stocks are those stocks of registered pesticide products that are currently in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation action, because the Agency has identified no significant potential risk concerns associated with these pesticide products, upon cancellation of the products identified in Table 1 of Unit II., EPA anticipates allowing registrants to sell and distribute existing stocks of these products for 1 year after publication of the Cancellation Order in the Federal Register . Thereafter, registrants will be prohibited from selling or distributing the pesticides identified in Table 1 of Unit II., except for export consistent with FIFRA section 17 or for proper disposal persons other than the registrants will generally be allowed to sell, distribute, or use existing stocks until such stocks are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the canceled products.
List of Subjects

Environmental protection, Pesticides and pests.


### 53143 Federal Register / Vol. 78, No. 167 / Wednesday, August 28, 2013 / Notices

Dated: August 21, 2013. Linda Arrington, Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide Programs.

[FR Doc. 2013–21021 Filed 8–27–13; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**Proposed Consent Decree, Clean Air Act Citizen Suit** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of proposed consent decree; request for public comment.

**SUMMARY :**  In accordance with section 113(g) of the Clean Air Act, as amended (‘‘CAA’’ or the ‘‘Act’’), notice is hereby given of a proposed consent decree to address a lawsuit filed by Sandra L. Bahr and David Matusow in the United States District Court for the District of Arizona: Bahr, et al. v. McCarthy, No. 2:13–cv–00872 SMM (D. AZ). On April 30, 2013, Plaintiffs filed a complaint alleging that EPA failed to perform a mandatory duty under CAA section 110(c)(1) to promulgate a federal implementation plan for the State of Arizona that arose as a result of EPA’s February 14, 2011, finding of failure to submit a revision to the state implementation plan required under CAA section 189(d), by the required deadline. The proposed consent decree establishes deadlines for EPA to take action.

**DATES :**  Written comments on the proposed consent decree must be received by September 27, 2013.

**ADDRESSES :**  Submit your comments, identified by Docket ID number EPA– HQ–OGC–2013–0609, online at www.regulations.gov (EPA’s preferred method); by email 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 :**  Geoffrey L. Wilcox, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564–5601; fax number (202) 564–5603; email address: wilcox.geoffrey@epa.gov

. **SUPPLEMENTARY INFORMATION :** 

I. Additional Information About the Proposed Consent Decree

The proposed consent decree would resolve a lawsuit filed by Sandra L. Bahr and David Matusow (‘‘Plaintiffs’’) seeking to compel the Administrator to take actions under CAA section 110(c)(1) to promulgate a federal implementation plan (‘‘FIP’’) for the State of Arizona. A portion of Arizona, including Maricopa County and a part of Pinal County, is designated nonattainment for the National Ambient Air Quality Standard (‘‘NAAQS’’) for particulate matter ten microns in diameter or less (‘‘PM 10 ’’). This area is classified as a ‘‘serious’’ PM 10 nonattainment area. Because the area had not attained the NAAQS by the applicable statutory attainment date, Arizona was required to submit a revision to its state implementation plan (‘‘SIP’’) to meet the requirements of CAA section 189(d). On February 14, 2011, EPA found that Arizona failed to make the SIP submission required under CAA section 189(d) by the required deadline. This finding of failure to submit started a 2-year clock under CAA section 110(c)(1) for EPA to promulgate a FIP to meet the obligations of CAA section 189(d). EPA did not promulgate the required FIP by the statutory deadline and this is the basis for the Plaintiffs’ mandatory duty lawsuit at issue in the proposed consent decree.

The proposed consent decree provides that no later than January 14, 2014, a notice or notices of the Agency’s proposed action or actions to either approve a SIP, promulgate a FIP, or approve a SIP in part with the promulgation of a partial FIP to address the requirements of CAA section 189(d). The proposed consent decree also provides that no later than June 2, 2014, a notice or notices of the Agency’s final action or actions to either approve a SIP, promulgate a FIP, or approve a SIP in part with the promulgation of a partial FIP to address the requirements of CAA section 189(d). The proposed consent decree requires that no later than 15 business days following signature of each notice, EPA shall send the notice or notices to the Office of the Federal Register for review and publication in the Federal Register . After EPA fulfills its obligations under the proposed consent decree, the consent decree shall be terminated and the case dismissed with prejudice.

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 consent decree from persons who are 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 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 that consent to this consent decree should be withdrawn, the decree will be affirmed.

II. Additional Information About Commenting on the Proposed Consent Decree A. How can I get a copy of the consent decree?

The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2013–0609) contains a copy of the proposed 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 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