63782 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Proposed Rules 

TABLE 1—SUBMITTED NEGATIVE DECLARATIONS

Local agency Title Adopted Submitted 

SMAQMD ......... Fiberglass Boat Manufacturing Materials (EPA–453/R–08–004, September 2008) ................ 03/22/12 07/12/12 

SMAQMD ......... Automobile and Light-Duty Truck Assembly Coatings (EPA–453/R–08–006, September 

2008).

03/22/12 07/12/12 

In the Rules and Regulations section 

of this Federal Register, we are 

approving these negative declarations in 

a direct final action without prior 

proposal because we believe these 

negative declarations are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: September 27, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2012–25381 Filed 10–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0202; FRL–9366–2] 

Receipt of a Pesticide Petition Filed for 

Residues of Pesticide Chemicals in or 

on a Commodity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petition and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of an initial filing of a 

pesticide petition requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on the food commodity, 

wheat, grain. 

DATES: Comments must be received on 

or before November 16, 2012. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0202, 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.htm. 

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: 

Kathryn Montague, Registration 

Division, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–1243; email address: 

montague.kathryn@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. 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 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. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low-income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 


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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Proposed Rules 63783 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticides 

discussed in this document, compared 

to the general population. 

II. What action is the Agency taking? 

EPA is announcing receipt of a 

pesticide petition filed under section 

408 of the Federal Food, Drug, and 

Cosmetic Act (FFDCA), (21 U.S.C. 346a), 

requesting the establishment or 

modification of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on the food commodity, 

wheat, grain. The Agency is taking 

public comment on the request before 

responding to the petitioner. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petition described in this 

document contains data or information 

prescribed 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 supports 

granting of the pesticide petition. After 

considering the public comments, EPA 

intends to evaluate whether and what 

action may be warranted. Additional 

data may be needed before EPA can 

make a final determination on this 

pesticide petition. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition that is the 

subject of this document, prepared by 

the petitioner, is included in a docket 

EPA has created for this rulemaking. 

The docket for this petition is available 

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

As specified in FFDCA section 

408(d)(3), (21 U.S.C. 346a(d)(3)), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on the food commodity, wheat, grain. 

Further information on the petition may 

be obtained through the petition 

summary referenced in this unit. 

EPA has received a pesticide petition 

(PP #1F7955) from Syngenta Crop 

Protection, LLC, P.O. Box 18300, 

Greensboro, NC 27419 proposing, 

pursuant to section 408(d) of FFDCA, 21 

U.S.C. 346a(d), to amend 40 CFR 

180.559 by amending the tolerances for 

residues of the herbicide, clodinafoppropargyl (propanoic acid, 2-[4-(5- 

chloro-3-fluoro-2- 

pyridinyl)oxy]phenoxy]-,2-propynyl 

ester, (2R)-) and its acid metabolite 

(propanoic acid, 2-[4-[5-chloro-3-fluoro2-pyridinyl)oxy]phenoxy]-, (2R)-), in or 

on the raw agricultural commodity 

wheat, grain from 0.1 parts per million 

(ppm) to 0.02 ppm. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 4, 2012. 

Lois Rossi, 

Registration Division, Office of Pesticide 

Programs. 

[FR Doc. 2012–25549 Filed 10–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 73 

[Docket: CDC–2012–0010] 

Influenza Viruses Containing the 

Hemagglutinin from the Goose/ 

Guangdong/1/96 Lineage 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Request for information and 

comment. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC) within 

the Department of Health and Human 

Services (HHS) announces the opening 

of a docket to obtain information and 

comments from the public to questions 

concerning highly pathogenic avian 

influenza (HPAI) H5N1 viruses that 

contain a hemagglutinin (HA) from the 

Goose/Guangdong/1/96 lineage, and 

their potential to pose a severe threat to 

public health and safety. This 

information will be considered in a 

determination of whether such viruses 

should be listed as HHS select agents, 

by revising the HHS Select Agent 

Regulations (42 CFR Part 73). 

DATES: Electronic or written comments 

should be received on or before 

December 17, 2012. 

ADDRESSES: You may submit comments 

identified by Docket Number CDC– 

2012–0010, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Division of Select Agents and 

Toxins, Centers for Disease Control and 

Prevention, 1600 Clifton Road NE., 

Mailstop A–46, Atlanta, Georgia 30333, 

Attn: Docket Number: CDC–2012–0010. 

Instructions: All submissions received 

must include the agency name and 

docket number (CDC–2012–0010) for 

this notice. All relevant comments 

received will be posted without change 

to www.regulations.gov, including any 

personal information provided. For 

access to the docket to read background 

documents or comments received, go to 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Robbin Weyant, Director, Division of 

Select Agents and Toxins, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE., Mailstop A–46, 

Atlanta, Georgia 30333. Telephone: 

(404) 718–2000. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Since late 2003, the World Health 

Organization (WHO) has reported over 

600 cases of human infection with 

highly pathogenic avian influenza 

(HPAI) H5N1 viruses with a mortality 

rate that exceeds 50 percent in 

hospitalized patients (Ref 1). Current 

epidemiologic evidence indicates that, 

once transmitted into a human host, 

H5N1 viruses may result in more severe 

disease in humans than other subtypes 

of influenza. 

One important factor that can account 

for some of the increased pathogenicity 

is the hemagglutinin (HA) molecule. 

Cleavage of the HA molecule by host 

proteases (chemicals that can break 

amino acid bonds) enables influenza 

viruses to productively infect cells (i.e., 

replicate). For human influenza viruses, 

replication is restricted to the 

respiratory tract. However, HPAI H5N1 

viruses contain a polybasic amino acid 

sequence in the HA molecule that is not 

found in human influenza viruses. This 

feature allows the molecule to be 

cleaved by a wider variety of proteases 

throughout the body and consequently, 

HPAI H5N1 viruses can replicate 

systemically in avian species. 

Extrapulmonary dissemination of 

HPAI H5N1 virus has been documented 

among some fatal human HPAI H5N1 

virus infections. The HA molecule 

mediates binding of the influenza virus 

to host cells in the respiratory tract. 

Human influenza viruses preferentially 

bind to different receptors than avian 

influenza viruses (Ref 2). While human 

influenza virus receptors are more 

prevalent in the upper respiratory tract, 

the receptors that bind avian viruses are 

present in the lower respiratory tract of 

humans. The ability of H5N1 viruses to 

bind and infect cells within the lung 

may contribute to the severity of H5N1 

induced viral pneumonia (Ref 3–5). 

Furthermore, a change from avian- to 

human-type receptor-binding 

specificity, as seen with the pandemic 

strains of 1918 (H1N1), 1957 (H2N2), 


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