19080 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 

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: 

Jonathan Skinner-Thompson, Air and 

Radiation Law Office (2344A), Office of 

General Counsel, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone: (202) 564–0291; email 

address: skinner-thompson.jonathan@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Consent Decree 

This proposed consent decree would 

resolve a lawsuit filed by Plaintiff 

seeking to compel the Administrator to 

take actions under CAA section 

505(b)(2). Under the terms of the 

proposed consent decree, EPA would 

agree to sign a response to the petitions 

by May 29, 2015. The proposed consent 

decree also provides for the possibility 

that circumstances beyond EPA’s 

reasonable control could delay 

compliance with the May 29, 2015 

deadline, and provides a framework for 

extending that deadline. In addition, the 

proposed consent decree also 

enumerates Plaintiff’s right to seek costs 

of litigation, including reasonable 

attorneys’ fees, and provides that 

payment of those costs will constitute a 

full and complete settlement of all of 

Plaintiff’s costs in connection with this 

litigation. 

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 are 

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decree should be withdrawn, the terms 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 proposed 

consent decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2015–0253) 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 

www.regulations.gov. You may use the 

www.regulations.gov to submit or view 

public comments, access the index 

listing of the contents of the official 

public docket, and access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search.’’ 

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 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 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an email 

address or other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

Use of the www.regulations.gov Web 

site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, email address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (email) 

system is not an ‘‘anonymous access’’ 

system. If you send an email comment 

directly to the Docket without going 

through www.regulations.gov, your 

email address is automatically captured 

and included as part of the comment 

that is placed in the official public 

docket, and made available in EPA’s 

electronic public docket. 

Dated: April 1, 2015. 

Lorie J. Schmidt, 

Associate General Counsel. 

[FR Doc. 2015–08177 Filed 4–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OECA–2015–0002; FRL–9925– 

89–OECA] 

Inquiry To Learn Whether Businesses 

Assert Business Confidentiality Claims 

Regarding Waste Import and Export 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; request for comment. 

SUMMARY: The Environmental Protection 

Agency (EPA) receives from time to time 

Freedom of Information Act (FOIA) 

requests for documentation received or 

issued by EPA or data contained in EPA 

database systems pertaining to the 

export and import of Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste from/to the United 

States, the export of cathode ray tubes 

(CRTs) and spent lead acid batteries 

(SLABs) from the United States, and the 

export and import of RCRA universal 


Rmajette on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 19081 

waste from/to the United States. These 

documents and data may identify or 

reference multiple parties, and describe 

transactions involving the movement of 

specified materials in which the parties 

propose to participate or have 

participated. The purpose of this notice 

is to inform ‘‘affected businesses’’ about 

the documents or data sought by these 

types of FOIA requests in order to 

provide the businesses with the 

opportunity to assert claims that any of 

the information sought that pertains to 

them is entitled to treatment as 

confidential business information (CBI), 

and to send comments to EPA 

supporting their claims for such 

treatment. Certain businesses, however, 

do not meet the definition of ‘‘affected 

business,’’ and are not covered by 

today’s notice. They consist of any 

business that actually submitted to EPA 

any document at issue pursuant to 

applicable RCRA regulatory 

requirements and did not assert a CBI 

claim as to information that pertains to 

that business in connection with the 

document at the time of its submission; 

they have waived their right to do so at 

a later time. Nevertheless, other 

businesses identified or referenced in 

the documents that were submitted to 

EPA by the submitting business may 

have a right to assert a CBI claim 

concerning information that pertains to 

them and may do so in response to this 

notice. 

DATES: Comments must be received on 

or before May 11, 2015. The period for 

submission of comments may be 

extended if, before the comments are 

due, you make a request for an 

extension of the comment period and it 

is approved by the EPA legal office. 

Except in extraordinary circumstances, 

the EPA legal office will not approve 

such an extension without the consent 

of any person whose request for release 

of the information under the FOIA is 

pending. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OECA–2015–0002, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• Email: kreisler.eva@epa.gov. 

• Address: Eva Kreisler, International 

Compliance Assurance Division, Office 

of Federal Activities, Office of 

Enforcement and Compliance 

Assurance, Environmental Protection 

Agency, Mailcode: 2254A, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OECA–2015– 

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 http://

www.regulations.gov or email. 

Instructions about how to submit 

comments claimed as CBI are given later 

in this notice. 

The http://www.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 http://www.regulations.gov, 

your email address will be 

automatically captured 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. Please include your name and 

other contact information with any disk 

or CD–ROM you submit by mail. 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/dockets.htm. 

Docket: All documents in the docket 

are listed in the http://

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the HQ EPA Docket Center, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The 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 

docket for this notice is (202) 566–1752. 

FOR FURTHER INFORMATION CONTACT: Eva 

Kreisler, International Compliance 

Assurance Division, Office of Federal 

Activities, Office of Enforcement and 

Compliance Assurance, Environmental 

Protection Agency, Mailcode: 2254A, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–8186; email address: 

kreisler.eva@epa.gov. 

SUPPLEMENTARY INFORMATION: Today’s 

notice relates to any documents or data 

in the following areas: (1) Export of 

Resource Conservation and Recovery 

Act (RCRA) hazardous waste, during 

calendar year 2014 or before, under 40 

CFR part 262, subparts E and H; (2) 

import of RCRA hazardous waste, 

during calendar year 2014 or before, 

under 40 CFR part 262, subparts F and 

H; (3) transit of RCRA hazardous waste, 

during calendar year 2014 or before, 

under 40 CFR part 262, subpart H, 

through the United States and foreign 

countries; (4) export of cathode ray 

tubes, during calendar year 2014 or 

before, under 40 CFR part 261, subpart 

E; (5) exports of non-crushed spent lead 

acid batteries with intact casings, during 

calendar year 2014 or before, under 40 

CFR part 266 subpart G; (6) export and 

import of RCRA universal waste, during 

calendar year 2014 or before, under 40 

CFR part 273, subparts B, C, D, and F; 

(7) submissions from transporters, 

during calendar year 2014 or before, 

under 40 CFR part 263, or from 

treatment, storage or disposal facilities 

under 40 CFR parts 264 and 265, related 

to exports or imports of hazardous waste 

which occurred during calendar year 

2014 or before, including receiving 

facility notices under 40 CFR 

264.12(a)(1) and 265.12(a)(1) and import 

consent documentation under 40 CFR 

264.71(a)3) and 265.71(a)(3). 

I. General Information 

EPA has previously published notices 

similar to this one in the Federal 

Register, the latest one being at 79 FR 

7662, February 10, 2014 that address 

issues similar to those raised by today’s 

notice. The Agency did not receive any 

comments on the previous notices. 

Since the publication of the February 

10, 2014 the Agency has continued to 

receive FOIA requests for documents 

and data contained in EPA’s database 

related to hazardous waste exports and 

imports. 

II. Issues Covered by This Notice 

Specifically, EPA receives FOIA 

requests from time to time for 

documentation or data related to 


Rmajette on DSK2VPTVN1PROD with NOTICES
19082 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 

1The term ‘‘affected business’’ is defined at 40 

CFR 2.201(d), and is set forth in this notice, below. 

2The term ‘‘transporter’’ is defined at 40 CFR 

260.10. 

3The term ‘‘consignee’’ is defined, for different 

purposes, at 40 CFR 262.51 and 262.81(c). 

4The term ‘‘notification of intent to export’’ is 

described at 40 CFR 262.53. 

5The term ‘‘manifest’’ is defined at 40 CFR 

260.10. 

6The term ‘‘annual reports’’ is described at 40 

CFR 262.56. 

7The term ‘‘EPA acknowledgement of consent’’ is 

defined at 40 CFR 262.51. 

8The requirement to forward to the exporter ‘‘any 

subsequent communication withdrawing a prior 

consent or objection’’ is found at 42 U.S.C. 6938(e). 

9The term ‘‘exception reports’’ is described at 40 

CFR 262.55. 

10The term ‘‘transit notifications’’ is described at 

40 CFR 262.53(e). 

11The term ‘‘renotifications’’ is described at 40 

CFR 262.53(c). 

12The term ‘‘universal waste’’ is defined at 40 

CFR 273.9. 13However, businesses having submitted 

information to EPA relating to the export and 

import of RCRA universal waste are not subject to 

40 CFR 260.2(b) since they submitted information 

in accordance with 40 CFR part 273, and not parts 

260 through 266 and 268, as set forth in 40 CFR 

260.2(b). They are therefore affected businesses that 

could make a claim of CBI at the time of submission 

or in response to this notice. 

14With the exception, noted above, of the 

submission of information relating to the export and 

import of RCRA universal waste. 

hazardous waste exports and imports 

that may identify or reference multiple 

parties, and that describe transactions 

involving the movement of specified 

materials in which the parties propose 

to participate or have participated. This 

notice informs ‘‘affected businesses,’’ 1

which could include, among others, 

‘‘transporters,’’ 2 and ‘‘consignees,’’ 3 of 

the requests for information in EPA 

database systems and/or contained in 

one or more of the following documents: 

(1) Documents related to the export of 

Resource Conservation and Recovery 

Act (RCRA) hazardous waste, during 

calendar year 2014 or before, under 40 

CFR part 262, subparts E and H, 

including but not limited to the 

‘‘notification of intent to export,’’ 4

‘‘manifests,’’ 5 ‘‘annual reports,’’ 6 ‘‘EPA 

acknowledgements of consent,’’ 7 ‘‘any 

subsequent communication 

withdrawing a prior consent or 

objection,’’ 8 ‘‘responses that neither 

consent nor object,’’ ‘‘exception 

reports,’’ 9 ‘‘transit notifications,’’ 10 and 

‘‘renotifications’’; 11 (2) documents 

related to the import of hazardous 

waste, during calendar year 2014 or 

before, under 40 CFR part 262, subparts 

F and H, including but not limited to 

notifications of intent to import 

hazardous waste into the U.S. from 

foreign countries; (3) documents related 

to the transit of hazardous waste, during 

calendar year 2014 or before, under 40 

CFR part 262, subpart H, including 

notifications from U.S. exporters of 

intent to transit through foreign 

countries, or notifications from foreign 

countries of intent to transit through the 

U.S.; (4) documents related to the export 

of cathode ray tubes (CRTs), during 

calendar year 2014 or before, under 40 

CFR part 261, subpart E, including but 

not limited to notifications of intent to 

export CRTs; (5) documents related to 

the export of non-crushed spent lead 

acid batteries (SLABs) with intact 

casings, during calendar year 2014 or 

before, under 40 CFR part 266 subpart 

G, including but not limited to 

notifications of intent to export SLABs; 

(6) submissions from transporters under 

40 CFR part 263, or from treatment, 

storage or disposal facilities under 40 

CFR parts 264 and 265, related to 

exports or imports of hazardous waste 

which occurred during calendar year 

2014 or before, including receiving 

facility notices under 40 CFR 

264.12(a)(1) and 265.12(a)(1) and import 

consent documentation under 40 CFR 

264.71(a)(3) and 265.71(a)(3); and (7) 

documents related to the export and 

import of RCRA ‘‘universal waste’’ 12

under 40 CFR part 273, subparts B, C, 

D, and F. 

Certain businesses, however, do not 

meet the definition of ‘‘affected 

business,’’ and are not covered by 

today’s notice. They consist of any 

business that actually submitted 

information responsive to a FOIA 

request, under the authority of 40 CFR 

parts 260 through 266 and 268, and did 

not assert a claim of business 

confidentiality covering any of that 

information at the time of submission. 

As set forth in the RCRA regulations at 

40 CFR 260.2(b), ‘‘if no such [business 

confidentiality] claim accompanies the 

information when it is received by EPA, 

it may be made available to the public 

without further notice to the person 

submitting it.’’ Thus, for purposes of 

this notice and as a general matter under 

40 CFR 260.2(b), a business that 

submitted to EPA the documents at 

issue, pursuant to applicable regulatory 

requirements, and that failed to assert a 

claim as to information that pertains to 

it at the time of submission, cannot later 

make a business confidentiality claim.13

Nevertheless, other businesses 

identified or referenced in the same 

documents that were submitted to EPA 

by the submitting business may have a 

right to assert a CBI claim concerning 

information that pertains to them and 

may do so in response to this notice. 

In addition, EPA may develop its own 

documents and organize into its 

database systems information that was 

originally contained in documents from 

submitting businesses relating to 

exports and imports of hazardous waste. 

If a submitting business fails to assert a 

CBI claim for the documents it submits 

to EPA at the time of submission, not 

only does it waive its right to claim CBI 

for those documents, but it also waives 

its right to claim CBI for information in 

EPA’s documents or databases that is 

based on or derived from the documents 

that were originally submitted by that 

business.14

In accordance with 40 CFR 2.204(c) 

and (e), this notice inquires whether any 

affected business asserts a claim that 

any of the requested information 

constitutes CBI, and affords such 

business an opportunity to comment to 

EPA on the issue. This notice also 

informs affected businesses that, if a 

claim is made, EPA would determine 

under 40 CFR part 2, subpart B, whether 

any of the requested information is 

entitled to business confidential 

treatment. 

1. Affected Businesses 

EPA’s FOIA regulations at 40 CFR 

2.204(c)(1) require an EPA office that is 

responsible for responding to a FOIA 

request for the release of business 

information (‘‘EPA office’’) to determine 

which businesses, if any, are affected 

businesses. ‘‘Affected business’’ is 

defined at 40 CFR 2.201(d) as: With 

reference to an item of business 

information, a business which has 

asserted (and not waived or withdrawn) 

a business confidentiality claim 

covering the information, or a business 

which could be expected to make such 

a claim if it were aware that disclosure 

of the information to the public was 

proposed. 

2. The Purposes of This Notice 

This notice encompasses two distinct 

steps in the process of communication 

with affected businesses prior to EPA’s 

making a final determination 

concerning the business confidentiality 

of the information at issue: The 

preliminary inquiry and the notice of 

opportunity to comment. 

a. Inquiry To Learn Whether Affected 

Businesses (Other Than Those 

Businesses That Previously Asserted a 

CBI Claim) Assert Claims Covering any 

of the Requested Information 

Section 2.204(c)(2)(i) provides, in 

relevant part: If the examination 

conducted under paragraph (c)(1) of 

§ 2.204 discloses the existence of any 

business which, although it has not 

asserted a claim, might be expected to 

assert a claim if it knew EPA proposed 


Rmajette on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 19083 

to disclose the information, the EPA 

office shall contact a responsible official 

of each such business to learn whether 

the business asserts a claim covering the 

information. 

b. Notice of Opportunity To Submit 

Comments 

Sections 2.204(d)(1)(i) and 2.204(e)(1) 

of title 40 of the Code of Federal 

Regulations require that written notice 

be provided to businesses that have 

made claims of business confidentiality 

for any of the information at issue, 

stating that EPA is determining under 

40 CFR part 2, subpart B, whether the 

information is entitled to business 

confidential treatment, and affording 

each business an opportunity to 

comment as to the reasons why it 

believes that the information deserves 

business confidential treatment. 

3. The Use of Publication in the 

Federal Register 

Section 2.204(e)(1) of title 40 of the 

Code of Federal Regulations requires 

that this type of notice be furnished by 

certified mail (return receipt requested), 

by personal delivery, or by other means 

which allows verification of the fact and 

date of receipt. EPA, however, has 

determined that in the present 

circumstances the use of a Federal 

Register notice is a practical and 

efficient way to contact affected 

businesses and to furnish the notice of 

opportunity to submit comments. The 

Agency’s decision to follow this course 

was made in recognition of the 

administrative difficulty and 

impracticality of directly contacting 

potentially thousands of individual 

businesses. 

4. Submission of Your Response in the 

English Language 

All responses to this notice must be 

in the English language. 

5. The Effect of Failure To Respond to 

This Notice 

In accordance with 40 CFR 2.204(e)(1) 

and 2.205(d)(1), EPA will construe your 

failure to furnish timely comments in 

response to this notice as a waiver of 

your business’s claim(s) of business 

confidentiality for any information in 

the types of documents identified in this 

notice. 

6. What To Include in Your Comments 

If you believe that any of the 

information contained in the types of 

documents which are described in this 

notice and which are currently, or may 

become, subject to FOIA requests, is 

entitled to business confidential 

treatment, please specify which portions 

of the information you consider 

business confidential. Information not 

specifically identified as subject to a 

business confidentiality claim may be 

disclosed to the requestor without 

further notice to you. 

For each item or class of information 

that you identify as being subject to 

your claim, please answer the following 

questions, giving as much detail as 

possible: 

1. For what period of time do you 

request that the information be 

maintained as business confidential, 

e.g., until a certain date, until the 

occurrence of a specified event, or 

permanently? If the occurrence of a 

specific event will eliminate the need 

for business confidentiality, please 

specify that event. 

2. Information submitted to EPA 

becomes stale over time. Why should 

the information you claim as business 

confidential be protected for the time 

period specified in your answer to 

question no. 1? 

3. What measures have you taken to 

protect the information claimed as 

business confidential? Have you 

disclosed the information to anyone 

other than a governmental body or 

someone who is bound by an agreement 

not to disclose the information further? 

If so, why should the information still 

be considered business confidential? 

4. Is the information contained in any 

publicly available material such as the 

Internet, publicly available data bases, 

promotional publications, annual 

reports, or articles? Is there any means 

by which a member of the public could 

obtain access to the information? Is the 

information of a kind that you would 

customarily not release to the public? 

5. Has any governmental body made 

a determination as to the business 

confidentiality of the information? If so, 

please attach a copy of the 

determination. 

6. For each category of information 

claimed as business confidential, 

explain with specificity why and how 

release of the information is likely to 

cause substantial harm to your 

competitive position. Explain the 

specific nature of those harmful effects, 

why they should be viewed as 

substantial, and the causal relationship 

between disclosure and such harmful 

effects. How could your competitors 

make use of this information to your 

detriment? 

7. Do you assert that the information 

is submitted on a voluntary or a 

mandatory basis? Please explain the 

reason for your assertion. If the business 

asserts that the information is 

voluntarily submitted information, 

please explain whether and why 

disclosure of the information would 

tend to lessen the availability to EPA of 

similar information in the future. 

8. Any other issue you deem relevant. 

Please note that you bear the burden 

of substantiating your business 

confidentiality claim. Conclusory 

allegations will be given little or no 

weight in the determination. If you wish 

to claim any of the information in your 

response as business confidential, you 

must mark the response ‘‘BUSINESS 

CONFIDENTIAL’’ or with a similar 

designation, and must bracket all text so 

claimed. Information so designated will 

be disclosed by EPA only to the extent 

allowed by, and by means of, the 

procedures set forth in, 40 CFR part 2, 

subpart B. If you fail to claim the 

information as business confidential, it 

may be made available to the requestor 

without further notice to you. 

III. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http://

www.regulations.gov or email. Please 

submit this information by mail to the 

address identified in the ADDRESSES

section of today’s notice for inclusion in 

the non-public CBI docket. 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. Information so marked 

will not be disclosed except in 

accordance with the procedures set 

forth in 40 CFR part 2, subpart B. In 

addition to the submission of 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. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the notice by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 


Rmajette on DSK2VPTVN1PROD with NOTICES
19084 Federal Register / Vol. 80, No. 68 / Thursday, April 9, 2015 / Notices 

Dated: April 1, 2015. 

Susan E. Bromm, 

Director, Office of Federal Activities. 

[FR Doc. 2015–08064 Filed 4–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2015–0021; FRL–9924–20] 

Pesticide Product Registration; 

Receipt of Applications for New Active 

Ingredients 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before May 11, 2015. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the File Symbol of interest 

as shown in the body of this document, 

by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at 

http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Mclain, Antimicrobials 

Division (AD) (7510P), main telephone 

number: (703) 305–7090; email address: 

ADFRNotices@epa.gov., Susan Lewis, 

Registration Division (RD) (7505P), main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

The mailing address for each contact 

person is: Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. As part of the mailing 

address, include the contact person’s 

name, division, and mail code. The 

division to contact is listed at the end 

of each application summary. 

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. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

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 email. 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 preparing and submitting your 

comments, see the commenting tips at 

http://www.epa.gov/dockets/

comments.html. 

II. Registration Applications 

EPA has received applications to 

register pesticide products containing 

active ingredients not included in any 

currently registered pesticide products. 

Pursuant to the provisions of FIFRA 

section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA 

is hereby providing notice of receipt and 

opportunity to comment on these 

applications. Notice of receipt of these 

applications does not imply a decision 

by the Agency on these applications. 

1. File Symbol: 707–GEL. Docket ID 

Number: EPA–HQ–OPP–2010–1037. 

Applicant: Rohm and Hass Company, 

100 Independence Mall West, 

Philadelphia, PA 19106. Product name: 

Bioban 557 Antimicrobial. Active 

ingredient: 2-Methyl-1, 2- 

benzisothiazol-3 (2H)-one at 9%. 

Proposed classification/Use: ATD 

emulsion products, paints, building 

materials, adhesives and sealants, ink, 

textiles, paper coating, functional 

chemicals, household and I&I, oil 

process water and recovery system, 

metalworking fluids. Contact: AD. 

2. File Symbol: 4091–RL. Docket ID 

number: EPA–HQ–OPP–2014–0921. 

Applicant: W.M. Barr & Company, Inc., 

6750 Lenox Center Court, Suite 200, 

Memphis, TN 38115. Product name: 

FG0. Active ingredient: Antimicrobial, 

calcium chloride at 78%. Proposed 

classification/Use: Manufacturing use 

product. Contact: AD. 

3. File Symbol: 4091–RA. Docket ID 

number: EPA–HQ–OPP–2014–0921. 

Applicant: W.M. Barr & Company, Inc., 

6750 Lenox Center Court, Suite 200, 

Memphis, TN 38115. Product name: 

FG1. Active ingredient: Antimicrobial, 

calcium chloride at 77%. Proposed 

classification/Use: End-use product for 

use as a moisture absorber in enclosed 

spaces to retard growth mold, mildew, 

and bacteria. Contact: AD. 

4. File Symbol: 4091–RT. Docket ID 

number: EPA–HQ–OPP–2014–0921. 

Applicant: W.M. Barr & Company, Inc., 

6750 Lenox Center Court, Suite 200, 

Memphis, TN 38115. Product name: 

FG2. Active ingredient: Antimicrobial, 

calcium chloride at 73%. Proposed 

classification/Use: End-use product for 

use as a moisture absorber in enclosed 

spaces to retard growth mold, mildew, 

and bacteria. Contact: AD. 

5. File Symbol: 4091–RI. Docket ID 

number: EPA–HQ–OPP–2014–0921. 

Applicant: W.M. Barr & Company, Inc., 

6750 Lenox Center Court, Suite 200, 

Memphis, TN 38115. Product name: 

FG3. Active ingredient: Antimicrobial, 

calcium chloride at 58%. Proposed 

classification/Use: End-use product for 

use as a moisture absorber in enclosed 

spaces to retard growth mold, mildew, 

and bacteria. Contact: AD. 

6. File Symbol: 71512–ET. Docket ID 

number: EPA–HQ–OPP–2014–0679. 

Applicant: ISK Biosciences Corporation, 

7470 Auburn Road, Suite A, Concord, 

OH 44077. Product name: Technical 

Cyclaniliprole Insecticide. Active 

ingredient: Insecticide Cyclaniliprole at 

96.4%. Proposed classification/Use: 

Pome fruit (Crop Group 11–11), tree 

nuts (Crop Group 14–12), stone fruit 

(Crop Group 12–12), fruiting vegetables 

(Crop Group 8–10), cucurbit vegetables 


Rmajette on DSK2VPTVN1PROD with NOTICES