Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 39321 

4The company subsequently revised its 

calculations of additional amounts of CAIR 

allowances its units would be allocated as a result 

of eliminating the use of the fuel factors. These 

revisions resulted in turn in revisions of the amount 

of CAIR CSP allowances the company requested. 

See Entergy’s July 13, 2009 Compliance 

Supplement Pool CAIR NOX Allowance Request by 

Entergy companies (supplementing the company’s 

April 30, 2009 request). The company also noted 

that the CAIR CSP does not include any CAIR NOX

ozone season allowances. The company indicated 

that EPA should allocate additional CAIR NOX

allowances (apparently from the CAIR CSP) equal 

to the amount or the value of the CAIR NOX ozone 

season allowances requested by the company. See 

Entergy’s July 13, 2009 Compliance Supplement 

Pool CAIR NOX Allowance Request by Entergy 

companies (supplementing the company’s April 30, 

2009 request). None of these changes in the 

amounts of CAIR CSP allowances requested by the 

company change the amounts of the CAIR CSP 

allowances allocated by EPA for the company’s 

individual units in Louisiana or affect the basis for 

EPA’s allocations and denials of allocations 

discussed in this NODA. 

5The company’s vague statement that it ‘‘believes 

that allowances may be in short supply at the end 

of 2009’’ and so the company should receive CAIR 

CSP allowances to ‘‘help ensure there is no 

disruption of service’’ (Entergy’s July 7, 2009 

Compliance Supplement Pool CAIR NOX

Allowance Request by Entergy Companies at 1 

(supplementing the company’s April 30, 2009 

request)) does not provide any of the detailed 

information required in § 97.143(c)(1) and (2) and 

is entirely unsupported. 

6The requests of these units are being denied in 

part. 

District of Columbia determined that 

‘‘EPA’s approach contravenes section 

110(a)(2)(D)(i)(I)’’ (North Carolina, 531 

F.3d at 921 and that ‘‘the resulting state 

budgets were arbitrary and capricious’’ 

(id.). Subsequently, the Court remanded 

CAIR, without vacatur, on this and 

several other issues ‘‘so that EPA may 

remedy CAIR’s flaws.’’ North Carolina, 

550 F.3d at 1178. According to the 

company, revising the State budgets and 

State allowance allocation 

methodologies to eliminate the use of 

the fuel factors would result in the 

company’s units in Louisiana being 

allocated a total of 10,764 more CAIR 

NOX annual allowances and 4,913 more 

CAIR NOX ozone season allowances in 

2009 under the CAIR trading programs. 

Entergy’s April 30, 2009 Compliance 

Supplement Pool CAIR NOx Allowance 

Request at 1. In its April 30, 2009 

request for CAIR CSP allowance 

allocations, the company requested that 

its units in Louisiana therefore be 

allocated ‘‘from the Compliance 

Supplement Pool’’ 10,764 CAIR NOX

annual allowances and 4,913 CAIR NOX

ozone season allowances.4 Entergy’s 

April 30, 2009 Compliance Supplement 

Pool CAIR NOx Allowance Request at 1. 

In this request, the company did not 

reference § 97.143(b) or (c) or claim that 

its units should be given CAIR CSP 

allowances under those provisions and 

provided only some of the information 

necessary to apply § 97.143(b) and none 

of the information necessary to apply 

§ 97.143(c).5 In essence, the company 

requested that EPA allocate CAIR CSP 

allowances on grounds that § 97.143 

does not allow to be used for making 

such allocations. Nevertheless, for 

reasons discussed above, EPA evaluated 

whether the company’s units in 

Louisiana qualify for CAIR CSP 

allowance allocations under grounds 

provided for in § 97.143. Specifically, 

for the reasons discussed above, EPA is 

determining in this NODA that the units 

can be allocated CAIR CSP allowances 

to the extent the units qualify for 

allocations for early reductions under 

§ 97.143(b). However, the amounts 

determined by EPA for the company’s 

individual units are less than the 

amounts requested by the company, 

and, to the extent of the differences 

between these amounts for each 

individual unit, EPA is denying in 

whole (with regard to units for which 

EPA is allocating no CAIR CSP 

allowances) or in part (with regard to 

units for which EPA is allocating some 

CAIR CSP allowances) the company’s 

request. In order to allocate the full, 

requested amount of CAIR CSP 

allowances for any of the individual 

units covered by the company’s request, 

EPA would have to ignore, and 

contravene, the requirements of the rule 

(§ 97.143) governing the qualification of 

a unit for CAIR CSP allowance 

allocations and the calculation of the 

amount of such allocations. For these 

reasons, EPA denies in whole or in part 

(as applicable) the company’s request 

for CAIR CSP allowance allocations for 

each of the company’s units in 

Louisiana. 

5. How Do I Interpret the Data Made 

Available by This NODA? 

As discussed above, the detailed unitby-unit data, determinations, and 

calculations with respect to CAIR CSP 

allowance allocations and denials of 

allocations are contained in a technical 

support document, which is a single 

Excel spreadsheet titled ‘‘CAIR FIP CSP 

Allocations Data’’. 

The Excel spreadsheet is divided into 

4 worksheets. For each year 2007 and 

2008, there are two worksheets: one 

addressing ‘‘allocations’’ of CAIR CSP 

allowances, i.e., the allocations for all 

individual units receiving some 

allowances, whether the amount is less 

than,6 equals, or exceeds the amount 

requested; and the other addressing 

‘‘denials of allocations’’ of CAIR CSP 

allowances, i.e., the denials for all 

individual units receiving no 

allowances and so whose request is 

denied in full. The CAIR CSP allocation 

and denial worksheets include: the 

relevant data from units’ quarterly 

emissions reports; column notes 

providing the basis for allocations and 

denials of allocations under § 97.143(b) 

and (d); and notes at the bottom 

explaining any adjustment, under 

§ 97.143(d), of each individual unit’s 

CAIR CSP allowance allocation to 

ensure that the total amount of CAIR 

CSP allowance allocations do not 

exceed the relevant State’s portion of 

the CAIR CSP. The basis, provided in 

the technical support document, for 

each allocation and each denial (in full 

or in part) of allocations is summarized 

and supplemented in section 4 of this 

NODA. 

Dated: July 31, 2009. 

Brian McLean, 

Director, Office of Atmospheric Programs. 

[FR Doc. E9–18861 Filed 8–5–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0603; FRL–8431–6] 

Pesticide Product Registration 

Approval; Opportunity for Public 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide product 

spirotetramat containing an active 

ingredient not included in any 

previously registered products pursuant 

to the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA), as 

amended, and the opening of a 

comment period on such approval. 

DATES: Comments must be received on 

or before September 8, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0603, 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. 

Crystal Dr., Arlington, VA. Deliveries 


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39322 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 

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 comments to 

docket ID number EPA–HQ–OPP–2009– 

0603. EPA’s policy is that all 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 comment includes information 

claimed to be Confidential Business 

Information (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 website 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 an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. 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. 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: Rita 

Kumar, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8291; e-mail address: 

kumar.rita @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, pesticide 

manufacturer, or interested member of 

the public. 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. 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 e-mail. 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. Background 

A. FIFRA Registrations 

On October 10, 2006, EPA received 

applications from Bayer CropScience, 

LLC, 2 T.W. Alexander Dr., Research 

Triangle Park, NC 27709, to register 

three new pesticide products containing 

spirotetramat as an active ingredient 

under section 3 of FIFRA, 7 U.S.C. 136a, 

seeking use of spirotetramat on a wide 

variety of agricultural use sites and on 

Christmas tree plantations. 

Spirotetramat is a tetramic acid 

derivative insecticide. On February 5, 

2007, EPA received another application 

from Bayer Environmental Science for 

an end-use product for use of 

spirotetramat for insect control in 

greenhouses, nurseries, and interior 

plantscapes and on April 27, 2007, EPA 

received an application from Bayer 

CropScience for another end-use 

product containing spirotetramat for 

agricultural use. 

The applications for the technical and 

one end-use product were approved on 

June 30, 2008, as Spirotetramat 

Technical and Movento (EPA 

Registration Number 264–1049 and 

264–1050, respectively) for control of 

insects on several agricultural crops and 

Christmas tree plantations. The 

application for Spirotetramat 240 SC 

Greenhouse and Nursery (EPA 

Registration Number 432–1471) was 

approved on August 8, 2008, for insect 

control in greenhouses, nurseries, and 

interior plantscapes. The application for 

BYI 8330 150 OD Insecticide (EPA 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 39323 

Registration Number 264–1051) was 

approved on September 24, 2008, for 

control of insects on several agricultural 

crops and Christmas tree plantations. 

The application for Ultor (EPA 

Registration Number 264–1065) was 

approved on December 16, 2008, for 

control of insects on several agricultural 

crops and Christmas tree plantations. 

The Agency approved the 

applications after considering all 

required data on risks associated with 

the proposed use of spirotetramat, and 

information on social, economic, and 

environmental benefits to be derived 

from use. Specifically, the Agency 

considered the nature of the chemical 

and its pattern of use, application 

methods and rates, and level and extent 

of potential exposure. Based on these 

reviews, the Agency was able to make 

basic health and safety determinations 

which show that use of spirotetramat 

when used in accordance with 

widespread and commonly recognized 

practice, will not generally cause 

unreasonable adverse effects to the 

environment. 

B. FFDCA Tolerances 

Along with the applications for 

registration of Spirotetramat Technical, 

Movento 240 SC Insecticide, and 

Movento 150 OD Insecticide filed on 

October 10, 2006, Bayer CropScience 

also filed a petition under section 408 

of the Federal Food, Drug, and Cosmetic 

Act (FFDCA), 21 U.S.C. 346a, to 

establish tolerances for residues of 

spirotetramat in or on the raw 

agricultural commodities: Citrus (Crop 

Group 10); cucurbit vegetables (Crop 

Group 9); fruiting vegetables (Crop 

Group 8); grape (Crop Subgroup 13F); 

hops; leafy Brassica vegetables (Crop 

Group 5); leafy non-Brassica vegetables 

(Crop Group 4); pome fruit (Crop Group 

11); potato and other tuberous and corm 

vegetables (Crop Subgroup 1C); stone 

fruit (Crop Group 12); tree nuts (Crop 

Group 14); import tolerances on onions 

and strawberries; milk; meat, fat; and 

meat byproducts of cattle, goat, hog, 

sheep, and horse. 

EPA issued a notice pursuant to 

section 408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), in the Federal Register issue 

of July 25, 2007 (72 FR 40877) (FRL– 

8137–1) announcing the filing of this 

petition. EPA also issued a final rule 

establishing tolerances for spirotetramat 

in the Federal Register issue of July 9, 

2008 (73 FR 39251) (FRL–8367–1). 

III. What Action is the Agency Taking? 

Although the Agency solicited 

comments on the application for a 

tolerance under FFDCA, it did not do so 

regarding the applications for 

registration under FIFRA. Therefore, 

EPA is now seeking comment on the 

registrations for the spirotetramat 

technical and end-use products, issued 

under section 3 of FIFRA. After 

consideration of all comments received, 

the Agency will take appropriate action 

based on that consideration and issue 

another Federal Register notice 

responding to comments received. 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: July 30, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. E9–18955 Filed 8–5–09; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

[IB Docket No. 04–286; DA 09–1585] 

Third Meeting of the Advisory 

Committee for the 2011 World 

Radiocommunication Conference 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, this 

notice advises interested persons that 

the third meeting of the WRC–11 

Advisory Committee will be held at the 

Federal Communications Commission. 

The purpose of the meeting is to 

continue preparations for the 2011 

World Radiocommunication 

Conference. The Advisory Committee 

will consider any preliminary views 

introduced by the Advisory Committee’s 

Informal Working Groups. 

DATES: September 1, 2009; 11 a.m. to 12 

noon. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Room TW–C305, Washington DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Alexander Roytblat, Designated Federal 

Official, WRC–11 Advisory Committee, 

FCC International Bureau, Strategic 

Analysis and Negotiations Division, at 

(202) 418–7501. 

SUPPLEMENTARY INFORMATION: The 

Federal Communications Commission 

(FCC) established the WRC–11 Advisory 

Committee to provide advice, technical 

support and recommendations relating 

to the preparation of United States 

proposals and positions for the 2011 

World Radiocommunication Conference 

(WRC–11). In accordance with the 

Federal Advisory Committee Act, Public 

Law 92–463, as amended, this notice 

advises interested persons of the third 

meeting of the WRC–11 Advisory 

Committee. The WRC–11 Advisory 

Committee has an open membership. 

All interested parties are invited to 

participate in the Advisory Committee 

and to attend its meetings. The 

proposed agenda for the third meeting is 

as follows: 

Agenda 

Third Meeting of the WRC–11 

Advisory Committee, Federal 

Communications Commission, 445 12th 

Street, SW., Room TW–C305, 

Washington, DC 20554, September 1, 

2009; 11 a.m. to 12 noon. 

1. Opening Remarks. 

2. Approval of Agenda. 

3. Approval of the Minutes of the 

Second Meeting. 

4. IWG Reports and Documents Relating 

to Preliminary Views. 

5. Future Meetings. 

6. Other Business. 

Federal Communications Commission. 

John Giusti, 

Acting Chief, International Bureau. 

[FR Doc. E9–18730 Filed 8–5–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

License; Applicants 

Notice is hereby given that the 

following applicants have filed with the 

Federal Maritime Commission an 

application for license as a Non-VesselOperating Common Carrier and Ocean 

Freight Forwarder—Ocean 

Transportation Intermediary pursuant to 

section 19 of the Shipping Act of 1984 

as amended (46 U.S.C. Chapter 409 and 

46 CFR 515). 

Persons knowing of any reason why 

the following applicants should not 

receive a license are requested to 

contact the Office of Transportation 

Intermediaries, Federal Maritime 

Commission, Washington, DC 20573. 

Non-Vessel-Operating Common Carrier 

Ocean Transportation Intermediary 

Applicants 

Offshore Logistics, LLC, 400 West 

Knight Road, McDonough, GA 30253. 

Officers: Gregory M. Hinton, COO 

(Qualifying Individual), Dennis H. 

Jones, CEO. 

Kayla Logistics, Corp., 153–04 

Rockaway Blvd., Jamaica, NY 11434. 

Officers: John S. Tomeo, Dir. of Global 


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