### 71023 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices

TABLE 

### 2—R EGISTRANT OF 

### A MENDED 

### P RODUCTS

EPA Company No. Company name and address

10163 ....................................................... Gowan Company, P.O. Box 5569, Yuma, AZ 85366–5569.

III. Summary of Public Comments Received and Agency Response to
Comments

During the public comment period provided, EPA received no comments in response to the December 1, 2010 Federal Register notice (75 FR 230) (FRL–8854–3) announcing the Agency’s receipt of the request to voluntary amend to delete DCNA use on potatoes for products listed in Table 1 of Unit II.

IV. Cancellation Order

Pursuant to FIFRA section 6(f), EPA hereby approves the requested amendment to terminate use of DCNA on potatoes for registrations identified in Table 1 of Unit II. Accordingly, the Agency hereby orders that the product registrations identified in Table 1 of Unit II. are amended to terminate use on potatoes. The effective date of the cancellations that are subject of this notice is November 16, 2011. Any distribution, sale, or use of existing stocks of the products identified in Table 1 of Unit II. in a manner inconsistent with any of the provisions for disposition of existing stocks set forth in Unit VI. will be a violation of
FIFRA.
V. 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 or amended to terminate one or more uses. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register . Thereafter, following the public comment period, the EPA Administrator may approve such a request. The notice of receipt for this action was published for comment on December 1, 2010. The comment period closed on May 31, 2011.
VI. Provisions for Disposition of Existing Stocks

Existing stocks are those stocks of registered pesticide products which are currently in the United States and which were packaged, labeled, and released for shipment prior to the effective date of the action. The existing stocks provision for the products subject to this order is as follows.

The registrant may continue to sell and distribute existing stocks of products listed in Table 1 whose labels include the deleted use until November 16, 2012, which is 1 year after publication of this cancellation order in the Federal Register . Thereafter, the registrant is prohibited from selling or distributing products listed in Table 1 of Unit II. whose labels include the deleted use, except for export in accordance with FIFRA section 17 or for proper disposal.

Persons other than the registrant may sell, distribute, or use existing stocks of products whose labels include the deleted use until supplies are exhausted, provided that such sale, distribution, or use is consistent with the terms of the previously approved labeling on, or that accompanied, the deleted use.
List of Subjects

Environmental protection, Pesticides and pests.

Dated: October 6, 2011. Peter Caulkins, Acting Director, Pesticide Re-evaluation Division, Office of Pesticide Programs.

[FR Doc. 2011–29612 Filed 11–15–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**[EPA–HQ–OPP–2011–0898; FRL–9326–7]**

**FIFRA Scientific Advisory Panel; Notice of Public Meeting** 

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

**ACTION :**  Notice.

**SUMMARY :**  There will be a 3-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review Common Effects Assessment Methodology developed in the Office of Pesticide Programs and Office of Water.

**DATES :**  The meeting will be held on January 31, 2012 to February 2, 2012, from 9 a.m. to approximately 5:30 p.m.

Comments. The Agency encourages that written comments be submitted by January 17, 2012 and requests for oral comments be submitted by January 24, 2012. However, written comments and requests to make oral comments may be submitted until the date of the meeting, but anyone submitting written comments after January 17, 2012 should contact the Designated Federal Official (DFO) listed under **FOR FURTHER**

**INFORMATION CONTACT** . For additional instructions, see Unit I.C. of the

**SUPPLEMENTARY INFORMATION**

.

Nominations. Nominations of candidates to serve as ad hoc members of FIFRA SAP for this meeting should be provided on or before November 30,

2011.

Webcast. This meeting may be webcast. Please refer to the FIFRA SAP’s Web site, http://www.epa.gov/scipoly/
SAP for information on how to access the webcast. Please note that the webcast is a supplementary public process provided only for convenience. If difficulties arise resulting in webcasting outages, the meeting will continue as planned.

Special accommodations. For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the DFO listed under **FOR**

**FURTHER INFORMATION CONTACT** at least 10 days prior to the meeting to give EPA as much time as possible to process your request.

**ADDRESSES :**  The meeting will be held at the Environmental Protection Agency, Conference Center, Lobby Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA 22202.

Comments. Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2011–0898, 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 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–2011–


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0898. If your comments contain any information that you consider to be CBI or otherwise protected, please contact the DFO listed under **FOR FURTHER**

**INFORMATION CONTACT** to obtain special instructions before submitting your comments. 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 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 an email comment directly to EPA without going through regulations.gov, your email 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.

Nominations, requests to present oral comments, and requests for special accommodations. Submit nominations to serve as ad hoc members of FIFRA SAP, requests for special seating accommodations, or requests to present oral comments to the DFO listed under

**FOR FURTHER INFORMATION CONTACT**

. **FOR FURTHER INFORMATION CONTACT :**  Sharlene R. Matten, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 564–0130; fax number: (202) 564– 8382; email address: matten.sharlene@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

I. General Information
A. Does this action apply to me?

This action is directed to the public in general. This action may, however, be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA), FIFRA, and the Food Quality Protection Act of 1996 (FQPA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the DFO listed under **FOR FURTHER INFORMATION**

**CONTACT**

. B. What should I consider as I prepare my comments for EPA?

When submitting comments, remember to:

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

2. 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.

3. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

4. Describe any assumptions and provide any technical information and/ or data that you used.

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

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

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

8. Make sure to submit your comments by the comment period deadline identified. C. How may I participate in this meeting?

You may participate in this meeting by following the instructions in this unit. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA–HQ–OPP–2011–0898 in the subject line on the first page of your request.

1. Written comments. The Agency encourages that written comments be submitted, using the instructions in

**ADDRESSES** , no later than January 17, 2012, to provide FIFRA SAP the time necessary to consider and review the
written comments. Written comments are accepted until the date of the meeting, but anyone submitting written comments after January 17, 2012 should contact the DFO listed under **FOR**

**FURTHER INFORMATION CONTACT** . Anyone submitting written comments at the meeting should bring 30 copies for distribution to FIFRA SAP.

2. Oral comments. The Agency encourages that each individual or group wishing to make brief oral comments to FIFRA SAP submit their request to the DFO listed under **FOR**

**FURTHER INFORMATION CONTACT** no later than January 24, 2012, in order to be included on the meeting agenda. Requests to present oral comments will be accepted until the date of the meeting and, to the extent that time permits, the Chair of FIFRA SAP may permit the presentation of oral comments at the meeting by interested persons who have not previously requested time. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment ( e.g., overhead projector, 35 mm projector, chalkboard). Oral comments before FIFRA SAP are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should bring 30 copies of his or her comments and presentation slides for distribution to the FIFRA SAP at the meeting.

3. Seating at the meeting. Seating atthe meeting will be open and on a firstcome basis.

4. Request for nominations to serve as ad hoc members of FIFRA SAP for this meeting. As part of a broader process for developing a pool of candidates for each meeting, FIFRA SAP staff routinely solicits the stakeholder community for nominations of prospective candidates for service as ad hoc members of FIFRA SAP. Any interested person or organization may nominate qualified individuals to be considered as prospective candidates for a specific meeting. Individuals nominated for this


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meeting should have expertise in one or more of the following areas: Aquatic toxicity estimation tools, aquatic plant toxicity, aquatic animal toxicity, statistics, species sensitivity distributions, and application of toxicity data to development of aquatic life criteria. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments on the scientific issues for this meeting. Nominees should be identified by name, occupation, position, address, and telephone number. Nominations should be provided to the DFO listed under **FOR**

**FURTHER INFORMATION CONTACT** on or before November 30, 2011. The Agency will consider all nominations of prospective candidates for this meeting that are received on or before this date. However, final selection of ad hoc members for this meeting is a discretionary function of the Agency.

The selection of scientists to serve on FIFRA SAP is based on the function of the panel and the expertise needed to address the Agency’s charge to the panel. No interested scientists shall be ineligible to serve by reason of their membership on any other advisory committee to a Federal department or agency or their employment by a Federal department or agency except the EPA. Other factors considered during the selection process include availability of the potential panel member to fully participate in the panel’s reviews, absence of any conflicts of interest or appearance of lack of impartiality, independence with respect to the matters under review, and lack of bias. Although financial conflicts of interest, the appearance of lack of impartiality, lack of independence, and bias may result in disqualification, the absence of such concerns does not assure that a candidate will be selected
to serve on FIFRA SAP. Numerous qualified candidates are identified for each panel. Therefore, selection decisions involve carefully weighing a number of factors including the candidates’ areas of expertise and professional qualifications and achieving an overall balance of different scientific perspectives on the panel. In order to have the collective breadth of experience needed to address the Agency’s charge for this meeting, the Agency anticipates selecting approximately 10 to12 ad hoc scientists.

FIFRA SAP members are subject to the provisions of 5 CFR part 2634, Executive Branch Financial Disclosure, as supplemented by the EPA in 5 CFR part 6401. In anticipation of this requirement, prospective candidates for service on the FIFRA SAP will be asked to submit confidential financial information which shall fully disclose, among other financial interests, the candidate’s employment, stocks and bonds, and where applicable, sources of research support. The EPA will evaluate the candidate’s financial disclosure form to assess whether there are financial conflicts of interest, appearance of a lack of impartiality or any prior involvement with the development of the documents under consideration (including previous scientific peer review) before the candidate is considered further for service on FIFRA SAP. Those who are selected from the pool of prospective candidates will be asked to attend the public meetings and to participate in the discussion of key issues and assumptions at these meetings. In addition, they will be asked to review and to help finalize the meeting minutes. The list of FIFRA SAP members participating at this meeting will be posted on the FIFRA SAP Web
site at http://epa.gov/scipoly/sap or may be obtained from the OPP Regulatory Public Docket at http:// www.regulations.gov.

II. Background
A. Purpose of FIFRA SAP

FIFRA SAP serves as the primary scientific peer review mechanism of EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) and is structured to provide scientific advice, information and recommendations to the EPA Administrator on pesticides and pesticide-related issues as to the impact of regulatory actions on health and the environment. FIFRA SAP is a Federal advisory committee established in 1975 under FIFRA that operates in accordance with requirements of the Federal Advisory Committee Act. FIFRA SAP is composed of a permanent panel consisting of seven members who are appointed by the EPA Administrator from nominees provided by the National Institutes of Health and the National Science Foundation. FIFRA, as amended by FQPA, established a Science Review Board consisting of at least 60 scientists who are available to the SAP on an ad hoc basis to assist in reviews conducted by the SAP. As a peer review mechanism, FIFRA SAP provides comments, evaluations and recommendations to improve the effectiveness and quality of analyses made by Agency scientists. Members of FIFRA SAP are scientists who have sufficient professional qualifications, including training and experience, to provide expert advice and recommendation to the Agency.
B. Public Meeting

Both the U.S. Environmental Protection Agency (USEPA), Office of Pesticide Programs (OPP) and the Office of Water (OW) assess the effects of pesticides on aquatic ecosystems using approaches that afford a high degree of protection for aquatic life. EPA’s stakeholders have identified differences in the approaches that the OW and the OPP use to evaluate possible effects from pesticides on fish, other aquatic organisms, and aquatic plants. While there are differences in the effects characterization approaches used by EPA under the Clean Water Act (CWA) and FIFRA, both were developed withhigh quality data using rigorously peerreviewed assessment methodologies. In characterizing pesticide effects, both programs consider acute effects as well as chronic and sub-lethal effects on growth, survival, and reproduction in their risk assessments.

EPA is now exploring how to build on the substantial high quality science already developed by both programs to develop additional toxicity estimation tools and approaches to support a consistent and common set of effects characterization methods using best available information. EPA’s goal in this effort is to develop tools, methods, and approaches that:

• Continue to be based upon sound science and utilize available data,

• Are legally defensible under our statutory mandates,

• Are based upon methodologies that are as consistent and practical as possible,

• Are implementable at the Federal and State levels,

• Are developed as quickly and efficiently as possible, and

• Reflect stakeholder input and

comments.

In order to characterize potential adverse effects of chemicals in the aquatic environment, EPA uses available toxicity data from studies involving individual test species, which serve as surrogates for untested species. These data are collected for individual organisms exposed to chemicals ( e.g., pesticides) and are then frequently extended to represent effects to populations of the same species, populations of similar genera/taxa, or to aquatic ecosystems. The focus of the current efforts is to examine how limited test results can best be used to characterize adverse effects on aquatic animals and plants. To that end, EPA is exploring two general types of methods that may be used to extrapolate from


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toxicity test results to taxa-specific and community-based measures of effects relevant to the regulatory needs of OPP and OW, as well as the ability of predictive tools to augment in data limited situations. These methods include sensitivity distributions and assessment factors (AFs) both of which may be used to account for uncertainty, particularly in situations where toxicity data are limited. A portion of this work will address the derivation of an ‘‘Aquatic Life Screening Value’’ (ALSV) that is related to the fifth percentile in a sensitivity distribution. ALSVs may be used to screen concentrations of pesticides and effluents in ambient waters and may be used by States and Tribes in the development of water quality standards. Other portions of this work will address other percentiles in sensitivity distributions that can be used to evaluate concentrations of pesticides in ambient water in other ways.

EPA is requesting the SAP provide advice on several proposed tools and methods to characterize the toxicity and effects of chemical stressors on aquatic animals and plants.

1. Use of Predictive Toxicology Tools in Characterizing Effects of Chemical Stressors to Aquatic Animals;

2. Use of Assessment Factors (AF) in Characterizing Acute Effects of Chemical Stressors on Aquatic Animals;

3. Use of Species Sensitivity Distributions (SSD) in Characterizing Acute Effects of Chemical Stressors on Aquatic Animals;

4. Evaluation of Chronic Toxicity Data and the Estimation of Acute to Chronic Ratios (ACR) in Characterizing Chronic Effects of Stressors on Aquatic Animals;

5. Methods for Characterizing Effects of Chemical Stressors to Aquatic Plants; and

6. Approaches for Characterizing Effects of Chemicals with Limited Data.
C. FIFRA SAP Documents and Meeting
Minutes

EPA’s background paper, related supporting materials, charge/questions to FIFRA SAP, FIFRA SAP composition (i.e., members and ad hoc members for this meeting), and the meeting agenda will be available in early January 2012. In addition, the Agency may provide additional background documents as the materials become available. You may obtain electronic copies of these documents, and certain other related documents that might be available electronically, at http:// www.regulations.gov and the FIFRA SAP homepage at http://www.epa.gov/ scipoly/sap.

FIFRA SAP will prepare meeting minutes summarizing its recommendations to the Agency approximately 90 days after the meeting. The meeting minutes will be posted on the FIFRA SAP Web site or may be obtained from the OPP Regulatory Public Docket at http:// www.regulations.gov.
List of Subjects

Environmental protection, Pesticides and pests.

Dated: November 3, 2011. Frank Sanders, Director, Office of Science Coordination and Policy.

[FR Doc. 2011–29602 Filed 11–15–11; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**[FRL–9492–7]**

**Proposed Settlement Agreement**

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

**ACTION :**  Notice of Proposed Settlement Agreement; 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 to address a lawsuit filed by the American Forest & Paper Association, Inc. (‘‘Petitioner’’) in the United States Court of Appeals for the District of Columbia: American Forest and Paper Association, Inc. v. EPA, No. 10–1284 (DC Cir.) for review of EPA’s final rule entitled ‘‘Mandatory Reporting of Greenhouse Gases from Magnesium Production, Underground Coal Mines, Industrial Wastewater Treatment, and Industrial Waste Landfills’’, published at 75 FR 39,736 (July 12, 2010). Under the terms of the proposed settlement agreement, Petitioner would dismiss its claims if EPA signs a letter interpreting the rule in substantially similar format as proposed as it applies to Petitioner.

**DATES :**  Written comments on the proposed settlement agreement must be received by December 16, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID number EPA– HQ–OGC–2011–0904, 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 :**  Ragan Tate, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202)
564–7382; fax number: (202) 564–5603; email address: tate.ragan@epa.gov.

**SUPPLEMENTARY INFORMATION :** 

I. Additional Information About the Proposed Settlement Agreement

On September 22, 2009, EPA finalized the first comprehensive Reporting program for greenhouse gases (‘‘GHGs’’) under the Clean Air Act (‘‘CAA’’ or ‘‘the Act’’). 75 FR 56,260 (October 30, 2009) (‘‘2009 Final GHG Reporting Rule’’). The 2009 Final GHG Reporting Rule requires reporting of greenhouse gas emissions from large sources and suppliers in the United States, and is intended to collect accurate and timely emissions data to inform future policy decisions. Under the rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to EPA. The rule became effective December 29, 2009. In proposing the 2009 Final GHG Reporting Rule, EPA proposed but did not finalize Subpart II ‘‘Industrial Wastewater Treatment’’ of the 2009 Rule. On June 28, 2010 EPA finalized an amendment to the 2009 Final GHG Reporting Rule, ‘‘Mandatory Reporting of Greenhouse Gases from Magnesium Production, Underground Coal Mines, Industrial Wastewater Treatment, and Industrial Waste Landfills’’, published at 75 FR 39,736 (July 12, 2010) (‘‘Subpart II Rule).

The American Forest & Paper Association filed a petition for review in the DC Circuit challenging the Subpart II Rule (10–1284). The petition for review in the DC Circuit raises issues with the final requirements of the Subpart II Rule. Upon EPA’s motion, on October 20, 2010, the court issued an order holding the case in abeyance pending the parties’ settlement discussions.

Under the proposed settlement agreement being noticed today, the petition for review would be dismissed in its entirety if EPA signs a letter