56754 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 

Table 2 of this unit includes the 

names and addresses of record for all 

registrants of the products in Table 1 of 

this unit, in sequence by EPA company 

number. This number corresponds to 

the first part of the EPA registration 

numbers of the products listed in this 

unit. 

TABLE 2—REGISTRANTS OF AMENDED PRODUCTS

EPA company No. Company name and address 

5481 ................................................ Amvac Chemical Corporation, 4695 MacArthur Ct., Suite 1250, Newport Beach, CA 92660. 

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

70506 .............................................. United Phosphorus, Inc., 630 Freedom Business Center, Suite 402, King of Prussia, PA 19406. 

81964 .............................................. ChemStarr, LLC, 21 Hubble, Irvine, CA 92618. 

83558 .............................................. Makhteshim Agan of North America, Inc., 4515 Falls of Neuse Rd, Suite 300, Raleigh, NC 27609. 

84229 .............................................. Tide International, USA, Inc., 21 Hubble, Irvine, CA 92618. 

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 July 13, 2011 Federal 

Register notice (76 FR 41250) (FRL– 

8879–7) announcing the Agency’s 

receipt of the requests for voluntary 

amendments to delete uses of products 

listed in Table 1 of Unit II. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendments to terminate uses of 

formetanate HCl and acephate 

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 the affected uses. 

The effective date of the cancellations 

that are subject of this notice is 

September 14, 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 July 13, 2011. The comment period 

closed on August 15, 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. 

Since the EPA has approved product 

labels reflecting the requested 

amendments to delete uses, formetanate 

HCl registrants will now be permitted to 

sell and distribute existing stocks of 

products under the previously approved 

labeling until November 30, 2011. 

Thereafter, registrants will be prohibited 

from selling or distributing the products 

whose labels include the deleted uses 

identified in Table 1 of Unit II., except 

for export consistent with FIFRA section 

17 or for proper disposal. Persons other 

than the registrant may sell, distribute, 

or use existing stocks of products 

(including those of (24c) Special Local 

Needs registrations) whose labels 

include the deleted uses until December 

31, 2013, provided that such sale, 

distribution, or use is consistent with 

the terms of the previously approved 

labeling on, or that accompanied, the 

deleted uses. 

Now that EPA has approved product 

labels reflecting the requested 

amendments to delete uses, acephate 

registrants are permitted to sell or 

distribute products listed in Table 1 of 

Unit II. under the previously approved 

labeling until March 14, 2013, unless 

other restrictions have been imposed. 

Thereafter, registrants will be prohibited 

from selling or distributing the products 

whose labels include the deleted uses 

identified in Table 1 of Unit II., except 

for export consistent with FIFRA section 

17 or for proper disposal. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 7, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–23338 Filed 9–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0586; FRL–8887–6] 

Petition Requesting Ban on Use and 

Production of Atrazine; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is seeking public 

comment on a request from the 

environmental advocacy group Save the 

Frogs that EPA ban the use and 

production of atrazine. 

DATES: Comments must be received on 

or before November 14, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0586, 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. 

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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 56755 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2011– 

0586. 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 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: 

Melanie Biscoe, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–7106; fax number: 

(703) 308–8005; e-mail address: 

biscoe.melanie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, 

distribute, sell, or use pesticides; are an 

environmental, human health, or 

agricultural advocate; or are a general 

member of the public. Potentially 

affected entities may include, but are 

not limited to: 

• Pesticide Manufacturers (NAICS 

code 325320), e.g., herbicides 

manufacturing. 

• Pesticides, agricultural, merchant 

wholesalers and lawn care supplies 

merchant wholesalers (NAICS code 

424910). 

• Corn farming (NAICS codes 111150, 

111219). 

• Sorghum farming (NAICS code 

111199). 

• Sugarcane farming (NAICS code 

111930). 

• Environment, conservation, and 

wildlife organizations (NAICS code 

813312). 

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. What action is the Agency taking? 

EPA seeks public comment on a 

petition from environmental advocacy 

group Save the Frogs requesting that 

EPA ban the use and production of 

atrazine. This petition, available in 

EPA–HQ–OPP–2011–0586, was 

submitted on May 6, 2011 during a 

meeting with Save the Frogs founder Dr. 

Kerry Kriger. The presentation and 

participant list from the meeting is also 

available in docket EPA–HQ–OPP– 

2011–0586. 

The Save the Frogs petition includes 

over 10,000 signatures; select statements 

from the public; and two brief 

summaries of published literature, one 

by Dr. Jason Rohr and one by Dr. Tyrone 

Hayes that is co-authored by 39 other 

scientists. 

In conjunction with this petition, EPA 

received nearly 50,000 emails from 

supporters of the Center for Biological 

Diversity and the Natural Resources 

Defense Council requesting that EPA 

‘‘immediately take steps to phase out 

atrazine use in the United States,’’ 

stating that atrazine poses an 

unreasonable risk to the environment. 

The emails express concern for impacts 

on amphibians and other aquatic 

species as well as concern for potential 

risks to human health. 

Information on EPA’s regulation of 

atrazine with regard to amphibians, 

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56756 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 

aquatic ecosystems and human health 

can be found on its atrazine Web page: 

http://www.epa.gov/pesticides/ 

reregistration/atrazine/ 

atrazine_update.htm. 

The Agency asks that comments on 

the Save the Frogs petition’s request to 

ban the use and production of atrazine 

be submitted to docket EPA–HQ–OPP– 

2011–0586 within 60 days. EPA will 

review all comments submitted before 

responding to the petition. 

List of Subjects 

Environmental protection, pesticides, 

and pests. 

Dated: September 6, 2011. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2011–23516 Filed 9–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9463–3] 

Proposed Consent Decree, Clean Air 

Act Citizen Suit 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Proposed Consent 

Decree; Request for Public Comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘CAA’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed consent 

decree to resolve a lawsuit filed by the 

WildEarth Guardians (‘‘Plaintiff’’) in the 

United States District Court for the 

District of New Mexico: WildEarth 

Guardians v. Jackson, No. 1:11-cv-00461 

(D. NM). Plaintiff’s filed a deadline suit 

to compel the Administrator to respond 

to an administrative petition seeking 

EPA’s objection to a CAA Title V 

operating permit issued by the New 

Mexico Environmental Department, Air 

Quality Bureau to the Public Service 

Company of New Mexico to operate the 

San Juan Generating Station. Under the 

proposed consent decree, EPA would 

agree to respond to the petition by 

February 15, 2012, or within 30 days 

after entry of the consent decree by the 

Court, whichever is later. 

DATES: Written comments on the 

proposed consent decree must be 

received by October 14, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2011–0764, online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail 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: 

Susan Stahle, Office of General Counsel 

(Mail Code 2344A), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone: (202) 564–1272; fax number 

(202) 564–5603; e-mail address: 

stahle.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit alleging that the 

Administrator failed to perform a 

nondiscretionary duty to grant or deny, 

within 60 days of submission, an 

administrative petition to object to a 

CAA Title V permit issued by the New 

Mexico Environmental Department, Air 

Quality Bureau to the Public Service 

Company of New Mexico to operate the 

San Juan Generating Station. Under the 

proposed consent decree, EPA would 

agree to respond to the petition by 

February 15, 2012, or within 30 days 

after entry of the consent decree by the 

Court, whichever is later, and pay 

specified attorneys fees to the Plaintiffs. 

The Court would then dismiss the case 

with prejudice once EPA has fulfilled 

these obligations under the consent 

decree. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

consent decree from persons who were 

not named as parties or intervenors to 

the litigation in question. EPA or the 

Department of Justice may withdraw or 

withhold consent to the proposed 

consent decree if the comments disclose 

facts or considerations that indicate that 

such consent is inappropriate, 

improper, inadequate, or inconsistent 

with the requirements of the Act. Unless 

EPA or the Department of Justice 

determines that consent to this consent 

decree should be withdrawn, the terms 

of the consent decree will be affirmed. 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the consent 

decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2011–0764) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use the 

http://www.regulations.gov to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

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

appropriate docket identification 

number. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and to whom do I submit 

comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

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