43124 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) or the Federal Food, Drug 

and Cosmetic Act (FFDCA). 

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. 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 Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket ID 

number EPA–HQ–OPP–2009–0008. 

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 Office of 

Pesticide Programs (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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Tentative Agenda 

1. Report from the new TPPC 

Administrator. 

2. Report on the international IPM 

conference. 

3. Presentation on the inspection 

needs of tribes along the Colorado River. 

4. Updates from OPP and EPA’s Office 

of Enforcement and Compliance 

Assurance. 

5. EPA Regional reports. 

6. Discussion on the use of restricteduse pesticides in Indian country. 

7. Tribal Caucus (TPPC only). 

III. How Can I Request to Participate in 

this Meeting? 

If you wish to participate in this 

meeting, you may submit a request to 

the person listed under FOR FURTHER

INFORMATION CONTACT. Do not submit 

any information in your request that is 

considered Confidential Business 

Information. Requests to participate in 

the meeting, identified by docket ID 

number EPA–HQ–OPP–2009–0008, 

must be received on or before 

September 8, 2009. 

List of Subjects 

Environmental protection, pesticides 

and pests, Tribes. 

Dated: August 17, 2009. 

William R. Diamond, 

Director, Field and External Affairs Division, 

Office of Pesticide Programs. 

[FR Doc. E9–20605 Filed 8–25–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8949–9] 

National Emission Standards for 

Hazardous Air Pollutants; 

Announcement of EPA Letter 

Addressing Recent Court Decision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: On December 19, 2008, the 

United States Court of Appeals for the 

District of Columbia Circuit (DC Circuit) 

vacated two provisions in EPA’s General 

Provisions Rule promulgated under 

section 112 of the Clean Air Act that 

exempt sources from the requirement to 

comply with otherwise applicable 

section 112(d) emission standards 

during periods of startup, shutdown and 

malfunction. We are announcing the 

public availability of a letter that EPA 

has issued addressing concerns that 

have been raised regarding the impact of 

that decision if the mandate effectuating 

the vacatur issues. 

DATES: August 26, 2009, EPA announces 

the availability of EPA’s letter related to 

a recent court decision regarding 40 CFR 

63.6(f)(1) and (h)(1). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charlie Garlow, U.S. EPA Office of 

Enforcement and Compliance 

Assurance, Office of Civil Enforcement, 

Air Enforcement Division (MAIL CODE 

2242A), 1200 Pennsylvania Avenue, 

Washington, DC 20460, telephone 

number (202) 564–1088, fax number 

(202) 564–0068, e-mail address: 

garlow.charlie@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

recently issued a letter, dated July 22, 

2009, from Adam Kushner, Director, 

Office of Civil Enforcement, to various 

parties that addresses concerns that 

have been raised regarding the impact of 

the decision in Sierra Club v. EPA, 551 

F.3d 1019 (DC Cir. 2008). In that 

decision, the United States Court of 

Appeals for the District of Columbia 

Circuit (DC Circuit) vacated 40 CFR 

63.6(f)(1) and (h)(1), which are two 

provisions in EPA’s General Provisions 

Rule promulgated under section 112 of 

the Clean Air Act that exempt sources 

from the requirement to comply with 

otherwise applicable section 112(d) 

emission standards during periods of 

startup, shutdown and malfunction. 

Industry Intervenors appealed the 

December 2008 Sierra Club decision by 

filing petitions for rehearing. On July 30, 

2009, the DC Circuit denied these 

petitions. On August 5, 2009, EPA filed 

a motion seeking a 60-day stay of the 

mandate. On August 6, 2009, Industry 

Intervenors filed a motion to stay the 

mandate pending their appeal of the 

decision to the United States Supreme 

Court. Until the D.C. Circuit issues a 

mandate effectuating the vacatur, 40 

CFR 63.6(f)(1) and (h)(1) remain in 

effect. EPA has posted a copy of the July 

22, 2009 letter and a copy of the Sierra 

Club decision on the EPA Office of 

Enforcement and Compliance Assurance 

Web site at http://www.epa.gov/ 

compliance/civil/caa/ssm.html. EPA 

has also included on the Web site a 

copy of relevant pleadings in the Sierra 

Club litigation. EPA intends to update 

this Web site as appropriate with 

additional information relating to the 

Sierra Club decision. 

Dated: August 14, 2009. 

Cynthia Giles, 

Assistant Administrator, Office of 

Enforcement and Compliance Assurance. 

[FR Doc. E9–20593 Filed 8–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0208; FRL–8429–6] 

Maneb; Product Cancellation Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

order for the cancellations, voluntarily 

requested by the registrant and accepted 

by the Agency, of products containing 

the pesticide maneb, pursuant to section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. This cancellation 

order follows a September 12, 2008 

Federal Register Notice of Receipt of 

Requests from the United Phosphorous, 

Inc. registrant to voluntarily cancel all 

their maneb product registrations. These 

are not the last maneb products 

registered for use in the United States. 

In the September 12, 2008 notice, EPA 

indicated that it would issue an order 

implementing the cancellations, unless 

the Agency received substantive 


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Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 43125 

comments within the 30-day comment 

period that would merit its further 

review of these requests, or unless the 

registrants withdrew their requests 

within this period. The Agency 

erroneously issued a Cancellation Order 

on October 14, 2008. For the reasons set 

forth below, on October 31, 2008, EPA 

revoked the October 14, 2008 

cancellation. The Agency received and 

subsequently reviewed comments on 

the notice. The comments are 

summarized below in Unit III. This 

order took into consideration the 

comments received. Further, the 

registrants did not withdraw their 

requests. Accordingly, EPA hereby 

issues in this notice a cancellation order 

granting the requested cancellations. 

Any distribution, sale, or use of the 

maneb products subject to this 

cancellation order is permitted only in 

accordance with the terms of this order, 

including any existing stocks 

provisions. 

DATES: The cancellations are effective 

August 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Giles-Parker, Registration 

Division, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7740; fax number: (703) 308– 

5320; e-mail address: gilesparker.cynthia@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. Since 

others also may 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 person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0208. 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 Office of 

Pesticide Programs (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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. What Action is the Agency Taking? 

This notice announces the 

cancellation, as requested by registrants, 

of maneb products registered under 

section 3 of FIFRA. These registrations 

are listed in ascending sequence by 

registration number in Table 1 of this 

unit. 

TABLE 1—MANEB PRODUCT

CANCELLATIONS

EPA Registration Number Product Name 

70506-177 Maneb 80 WP Fungicide 

70506-181 Maneb Technical 

70506-184 Maneb 4FL Flowable 

Fungicide 

70506-186 Maneb 75DF Dry 

Flowable Fungicide 

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products listed in Table 1 of this 

unit. 

TABLE 2—REGISTRANT OF CANCELED

MANEB PRODUCTS

EPA Company 

Number 

Company Name and 

Address 

70506 United Phosphorous Inc. 

630 Freedom Business 

Center, Suite 402 

King of Prussia, Pennsylvania 19406 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

The Agency received timely 

comments in regards to the Federal 

Register notice of September 12, 2008 

(73 FR 53007)(FRL-8380-7). E.I. du Pont 

de Nemours and Company (DuPont) 

provided a comment expressing their 

concerns about the loss of the chemical 

if the effective date of the cancellation 

is prior to May 29, 2009, due to the 

supply demand to manufacture their 

products. On December 12, 2008, 

DuPont submitted to the Docket a 

request to withdraw their earlier 

comment to the Docket. The Florida 

Fruit and Vegetable Association (FFVA) 

expressed concern about the 

cancellation of these products because 

of loss of use on their winter crops in 

Florida which could lead to economic 

loss and loss of their resistance 

management and IPM strategies. The 

alternative chemical, mancozeb is not 

currently approved for many of the uses 

on the maneb labels. Until a decision is 

made on granting tolerances for many of 

these uses, this commenter believes that 

there is still a high need to have maneb 

products in place. The final commenter 

expressed their approval of the Agency’s 

decision to remove this chemical from 

the market. On October 14, 2008, the 

Agency issued a cancellation order 

effective October 14, 2008, and 12 

months to use existing stocks. The order 

was issued in error and rescinded on 

October 31, 2008, due to: (1) 

Miscommunication between EPA staff 

and United Phosphorous Inc. regarding 

what the effective date of the 

cancellation time period for sale and 

distribution of existing stocks should 

have been and (2) the need to review the 

timely submitted comments. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellations of maneb registrations 

identified in Table 1 of Unit II. 

Accordingly, the Agency orders that the 

maneb product registrations identified 

in Table 1 of Unit II. are hereby 

canceled. Any distribution, sale, or use 

of existing stocks of the products 

identified in Tables 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 

considered 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 Administrator may approve such a 

request. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 


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43126 Federal Register / Vol. 74, No. 164 / Wednesday, August 26, 2009 / Notices 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

The cancellation order issued in this 

notice includes the following existing 

stocks provisions. 

1. The registrant may continue to sell 

or distribute existing stocks of maneb 

products identified in Table 1 of Unit II. 

with previously approved labeling until 

December 31, 2009. 

2. Persons other than the registrant 

may continue to sell or distribute 

existing stocks of maneb products 

identified in Table 1 of Unit II. with 

previously approved labeling until such 

stocks are exhausted. 

3. Persons other than the registrant 

may only use existing stocks of maneb 

products identified in Table 1 of Unit II. 

for the purposes of formulating end use 

products until March 2010. Any use of 

existing stocks must be in a manner 

consistent with the previously approved 

labeling for that product. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: August 11, 2009. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. E9–20399 Filed 8–25–09; 8:45 a.m.] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

Public Information Collections 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501–3520. 

An agency may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a valid control number. 

Comments are requested concerning (a) 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

(b) the accuracy of the Commission’s 

burden estimate; (c) ways to enhance 

the quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Persons wishing to comments on 

this information collection should 

submit comments on [enter date 30 days 

after date of publication in the FR]. If 

you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 

at (202) 395–5167, or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Judith–B.Herman, Federal 

Communications Commission (FCC). To 

submit your comments by e–mail send 

them to: PRA@fcc.gov. To view a copy 

of this information collection request 

(ICR) submitted to OMB: (1) Go to web 

page: http://www.reginfo.gov/public/do/ 

PRAMain, (2) look for the section of the 

web page called ‘‘Currently Under 

Review’’, (3) click on the downward– 

pointing arrow in the ‘‘Select Agency’’ 

box below the ‘‘Currently Under 

Review’’ heading, (4) select ‘‘Federal 

Communications Commission’’ from the 

list of agencies presented in the ‘‘Select 

Agency’’ box, (5) click the ‘‘Submit’’ 

button to the right of the ‘‘Select 

Agency’’ box, and (6) when the FCC list 

appears, look for the title of this ICR (or 

its OMB Control Number, if there is one) 

and then click on the ICR. 

FOR FURTHER INFORMATION CONTACT: 

Judith Boley Herman, OMD, PERM. For 

additional information about the 

information collection(s) send an e–mail 

to PRA@fcc.gov or contact Judith Boley 

Herman, 202–418–0214. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0810. 

Title: Procedures for Designation of 

Eligible Telecommunications Carriers 

(ETCs). Pursuant to Section 214(e)(6) of 

the Communications Act of 1934, as 

amended. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other for– 

profit. 

Number of Respondents: 100 

respondents; 100 responses. 

Estimated Time per Response: 2 – 60 

hours. 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections 151 – 

154, 201 – 205, 214, 218 – 220, 254, 

303(r), and 403. 

Total Annual Burden: 6,200 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: No. 

Nature and Extent of Confidentiality: 

Pursuant to 47 CFR 0.459 of the 

Commission’s rules, a respondent may 

request confidential treatment of their 

information. The respondent must state 

the reasons they do not want their 

information in the public record and the 

facts on which those reasons are based. 

The appropriate Bureau or Office Chief 

of the Commission may grant a 

confidentiality request that presents, by 

a preponderance of the evidence, a case 

for non–disclosure consistent with the 

Freedom of Information Act (FOIA), 5 

U.S.C. section 552. If a confidentiality 

request is denied, the respondent has 

five days to appeal the decision before 

the Commission. If the appeal before the 

Commission is denied, the respondent 

has five days to seek a judicial stay. 

Needs and Uses: The Commission 

will submit this information collection 

(IC) to the OMB as an extension during 

this comment period to obtain the full 

three–year clearance from them. The 

Commission reported an increase in the 

total annual burden in the 60 day notice 

(74 FR 27544). However, the 

Commission has determined that the 

total annual burden was not 9,200 hours 

but should remain unchanged at 6,200 

hours. 

Section 214(e)(6) states that a 

telecommunications carrier that is not 

subject to the jurisdiction of a state may 

request that the Commission determine 

whether it is eligible to receive 

universal service support. The 

Commission must evaluate whether 

such telecommunications carriers meet 

the eligibility criteria set forth in the 

Act. The Commission concluded that 

petitions for designation filed under 

Section 214(e)(6) relating to ‘‘near 

reservation’’ areas will not be 

considered as petitions relating to tribal 

lands and as a result, petitioners seeking 

eligible telecommunications carrier 

(ETC) designation in such areas must 

follow the procedures outlined in CC 

Docket No. 96–45, Twelfth Report and 

Order and Further Notice of Proposed 

Rulemaking, FCC 00–258 (rel. June 8, 

2000), (Tribal Lands Order), for non– 

tribal lands prior to submitting a request 

for designation to this Commission 

under Section 214(e)(6). 

OMB Control Number: 3060–0824. 


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