Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices 5323 

Washington, DC 20460–0001; (703) 308–

6164; e-mail: wagner.pauline@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, or 

pesticide manufacturer. 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 

www.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: 

• Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• 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. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your comments 

by the comment period deadline 

identified. 

II. What Action is the Agency Taking? 

EPA is printing a summary of a 

pesticide petition received under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, proposing the establishment or 

amendment of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. EPA has determined that 

this pesticide petition contains data or 

information regarding the elements set 

forth in FFDCA section 408(d)(2); 

however, EPA has not fully evaluated 

the sufficiency of the submitted data at 

this time or whether the data support 

granting of the pesticide petition. 

Additional data may be needed before 

EPA rules on this pesticide petition. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition included in this 

notice, prepared by the petitioner along 

with a description of the analytical 

method available for the detection and 

measurement of the pesticide chemical 

residues is available on EPA’s Electronic 

Docket at http://www.regulations.gov/. 

To locate this information on the home 

page of EPA’s Electronic Docket, select 

‘‘Quick Search’’ and type the OPP 

docket ID number. Once the search has 

located the docket, clicking on the 

‘‘Docket ID’’ will bring up a list of all 

documents in the docket for the 

pesticide including the petition 

summary. 

New Exemption from Tolerance 

PP 5E7003. Stepan Company, 951 

Bankhead Highway, Winder, GA 30680, 

proposes to establish an exemption from 

the requirement of a tolerance for 

residues of amine oxides in or on food 

commodities when used as an inert 

ingredient. Because this petition is a 

request for an exemption from the 

requirement of a tolerance without 

numerical limitations, no analytical 

method is required. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 25, 2006. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. E6–1343 Filed 1–31–06; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2006–0015; FRL–7758–3] 

Potassium Chloride; Receipt of 

Application for Emergency Exemption, 

Solicitation of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a 

quarantine exemption request from the 

Virginia Department of Agriculture and 

Consumer Service to use the pesticide 

potassium chloride (CAS No. 7447–40–

7) to treat the Millbrook Quarry to 

control zebra mussels. The Applicant 

proposes the use of a new chemical 

which has not been registered by EPA. 

Due to the urgent nature of the 

emergency and the very narrow and 

extremely limited use being requested, 

EPA has eliminated the public comment 

period. Nonetheless, interested parties 

may still contact the Agency with 

comments about this notice and 

treatment program. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2006–0015, by 

one of the following methods: 

• http://www.regulations.gov/. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: opp-docket@epa.gov. 

• Mail: Public Information and 

Records Integrity Branch (PIRIB) 

(7502C), Office of Pesticide Programs 

(OPP), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. 

Hand Delivery: Public Information 

and Records Integrity Branch (PIRIB) 

(7502C), Office of Pesticide Programs 

(OPP), Environmental Protection 

Agency, Rm. 119, Crystal Mall #2, 1801 

S. Bell St., Arlington, VA, Attention: 

Docket ID number EPA–HQ–OPP–2006–

0015. The docket facility is open from 

8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays. The 


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5324 Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices 

telephone number for the docket facility 

is (703) 305–5805. Such deliveries are 

only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2006–

0015. EPA’s policy is that all comments 

received will be included in the public 

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 captured automatically and 

included as part of the comment that is 

placed in the public 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/docket.htm/. 

Docket: All documents in the docket 

are listed in the regulation.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically at http:// 

www.regulations.gov/ or in hard copy at 

the Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. The docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

docket facility is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Ertman, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9367; fax number: (703) 308–

5433; e-mail address: Sec-18- 

Mailbox@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, or 

pesticide manufacturer. 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 

www.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 

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. 

II. Background 

A. What Action is the Agency Taking? 

Under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136p), at the 

discretion of the Administrator, a 

Federal or State agency may be 

exempted from any provision of FIFRA 

if the Administrator determines that 

emergency conditions exist which 

require the exemption. Virginia 

Department of Agriculture and 

Consumer Service has requested the 

Administrator to issue a quarantine 

exemption for the use of potassium 

chloride to treat the Millbrook Quarry to 

control zebra mussels. Information in 

accordance with 40 CFR part 166 was 

submitted as part of this request. 

As part of this request, the Applicant 

asserts that the zebra mussels need to be 

eradicated from the Millbrook Quarry 

while they are still contained and before 

they enter another local body of water. 

Zebra mussels are an invasive species 

and to date have caused billions of 

dollars of damage in the United States. 

The state contends that the zebra mussel 

could have significant adverse shortterm and long-term ecological and 

economic impacts in Virginia. The 

quarry is separated from Broad Run by 

a 200 - 300 foot-wide berm. Lake 

Manassas (5c miles downstream from 

the quarry) serves as the primary water 

supply for the City of Manassas and a 

number of municipalities in the area. 

And downstream of Lake Manassas is 

the Occoquan Reservoir, which serves a 


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Federal Register / Vol. 71, No. 21 / Wednesday, February 1, 2006 / Notices 5325 

larger water supply capacity (over 1 

million people in Northern Virginia) 

and a number of power supply facilities 

that could be significantly affected if 

zebra mussels escape to infest the 

Occoquan watershed. Fairfax Water 

estimates that they would incur a $2 - 

$4 million capital outlay for chemical 

feed facilities and $500,000 - $850,000 

per year for chemicals and system 

maintenance. 

The Applicant proposes to make 1 to 

4 applications of a 12% liquid 

potassium stock solution mixed from 

muriate of potash. Two-hundred million 

gallons of water in the quarry will be 

treated with 128,000 kilograms of active 

ingredient (131,000 kg of dry muriate of 

potash). 

This notice does not constitute a 

decision by EPA on the application 

itself. The regulations governing section 

18 of FIFRA require publication of a 

notice of receipt of an application for a 

quarantine exemption proposing ‘‘use of 

a new chemical (i.e., an active 

ingredient) which has not been 

registered by the EPA.’’

As noted above, the Agency is 

eliminating the comment period due to 

the urgent nature of emergency situation 

and the very narrow and extremely 

limited use being requested. 

Nonetheless, interested parties may still 

contact the Agency with comments 

about this notice and treatment 

program. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: January 20, 2006. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 06–936 Filed 1–31–06; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2005–0513; FRL–7755–8] 

Approval of Test Marketing Exemption 

for a Certain New Chemical 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval of an application for test 

marketing exemption (TME) under 

section 5(h)(1) of the Toxic Substances 

Control Act (TSCA) and 40 CFR 720.38. 

EPA has designated this application as 

TME–06–0001. The test marketing 

conditions are described in the TME 

application and in this notice. 

DATES: Approval of this TME is effective 

December 22, 2005. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Eric M. Jackson, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460–

0001; telephone number: (202) 546–

0014; e-mail address: 

jackson.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed in particular to 

the chemical manufacturer and/or 

importer who submitted the TME to 

EPA. This action may, however, be of 

interest to the public in general. 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 

technical 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 an 

official public docket for this action 

under docket identification (ID) number 

EPA–HQ–OPPT–2005–0513. The 

official public docket consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the EPA Docket 

Center, Rm. B102-Reading Room, EPA 

West, 1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The EPA Docket Center 

Reading Room telephone number is 

(202) 566–1744, and the telephone 

number for the OPPT Docket, which is 

located in EPA Docket Center, is (202) 

566–0280. 

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/. 

EDOCKET, EPA’s electronic public 

docket and comment system was 

replaced on November 25, 2005 by an 

enhanced Federal-wide electronic 

docket management and comment 

system located at http:// 

www.regulations.gov/. Follow the online instructions. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

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. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

II. What is the Agency’s Authority for 

Taking this Action? 

Section 5(h)(1) of TSCA and 40 CFR 

720.38 authorizes EPA to exempt 

persons from premanufacture 

notification (PMN) requirements and 

permit them to manufacture or import 

new chemical substances for test 

marketing purposes, if the Agency finds 

that the manufacture, processing, 

distribution in commerce, use, and 

disposal of the substances for test 

marketing purposes will not present an 

unreasonable risk of injury to health or 

the environment. EPA may impose 

restrictions on test marketing activities 

and may modify or revoke a test 

marketing exemption upon receipt of 

new information which casts significant 

doubt on its finding that the test 

marketing activity will not present an 

unreasonable risk of injury. 

III. What Action is the Agency Taking? 

EPA approves the above-referenced 

TME. EPA has determined that test 

marketing the new chemical substance, 

under the conditions set out in the TME 

application and in this notice, will not 

present any unreasonable risk of injury 

to health or the environment. 


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