Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices 53707 

Authority: Clean Water Act, 33 U.S.C. 1251 

et seq. 

Dated: August 21, 2014. 

Deborah A. Szaro, 

Deputy Regional Administrator, EPA Region 

1. 

Dated: August 21, 2014. 

Joan Leary Matthews, 

Director, Clean Water Division, EPA Region 

2. 

Dated: August 21, 2014. 

Jose C. Font, 

Director, Caribbean Environmental Protection 

Division, EPA Region 2. 

Dated: August 21, 2014. 

Jon M. Capacasa, 

Director, Water Protection Division, EPA 

Region 3. 

Dated: August 21, 2014. 

Gail D. Mitchell, 

Deputy Director, Water Protection Division, 

EPA Region 4. 

Dated: August 21, 2014. 

Timothy C. Henry, 

Deputy Director, Water Division, EPA Region 

5. 

Dated: August 21, 2014. 

James R. Brown, 

Acting Deputy Director, Water Quality 

Protection Division, EPA Region 6. 

Dated: August 21, 2014. 

Karen Flournoy, 

Director, Water, Wetlands, and Pesticides 

Division, EPA Region 7. 

Dated: August 21, 2014. 

Darcy O’Connor, 

Acting Assistant Regional Administrator, 

Office of Partnerships and Regulatory 

Assistance, EPA Region 8. 

Dated: August 21, 2014. 

Nancy Woo, 

Associate Director, Water Division, EPA 

Region 9. 

Dated: August 21, 2014. 

Daniel Opalski, 

Director, Office of Water and Watersheds, 

EPA Region 10. 

[FR Doc. 2014–21408 Filed 9–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2014–0301; FRL–9915–79] 

Availability of Stipulated Injunction in 

Northwest Center for Alternatives to 

Pesticides v. EPA litigation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces to the 

public the availability of an Order 

(stipulated injunction) issued by the 

U.S. District Court for the Western 

District of Washington that, among other 

things, would reinstitute streamside nospray buffer zones to protect endangered 

or threatened Pacific salmon and 

steelhead in California, Oregon, and 

Washington. The stipulated injunction, 

issued on August 15, 2014, settles 

litigation brought against EPA by the 

Northwest Center for Alternatives to 

Pesticides (NCAP) and others. These 

buffers were originally established by 

the same court in prior litigation 

brought against EPA by the Washington 

Toxics Coalition (WTC) and others. Like 

the original buffer zones, the limitations 

in this stipulated injunction are part of 

a court order but are not to be 

enforceable as labeling requirements 

under the Federal Insecticide, Fungicide 

and Rodenticide Act (FIFRA). The nospray buffer zones will apply to the 

pesticides carbaryl, chlorpyrifos, 

diazinon, malathion, and methomyl. 

These buffers will remain in place until 

EPA implements any necessary 

protections for Pacific salmon and 

steelhead based on reinitiated 

consultations with the National Marine 

Fisheries Service (NMFS). EPA is 

reevaluating these pesticides in 

connection with its current FIFRA 

registration review process and the 

stipulated injunction reinstitutes the 

buffers in the interim. 

FOR FURTHER INFORMATION CONTACT: 

Anita Pease, Environmental Fate and 

Effects Division (7507P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 305–7695; 

email address: pease.anita@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you develop, manufacture, 

formulate, sell, and/or apply pesticide 

products, and if you are interested in 

the potential impacts of pesticide use on 

listed species. 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). 

• Other stakeholders who have an 

interested in potential impacts of 

pesticides on listed species. 

However, this action is directed to the 

public in general, and may be of 

particular interest to the parties in the 

NCAP v. EPA litigation, environmental 

organizations, professional and 

recreational fishing interests, other 

public interest groups, state regulatory 

partners, other interested federal 

agencies, pesticide registrants and 

pesticide users. 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 person 

listed under FOR FURTHER INFORMATION

CONTACT. 

C. How can I get copies of this 

document and other related 

information? 

A copy of the stipulated injunction is 

available in the docket under docket 

identification (ID) number EPA–HQ– 

OPP–2014–0301. 

II. Background 

A. What action is the Agency taking? 

EPA is announcing the availability of 

a stipulated injunction issued on August 

15, 2014, by the U.S. District Court for 

the Western District of Washington that, 

among other things, reinstitutes 

streamside no-spray buffer zones to 

protect endangered and threatened 

Pacific salmon and steelhead in 

California, Oregon, and Washington. 

The stipulated injunction settles 

litigation brought against EPA by NCAP 

and others. Like the original buffer 

zones, the limitations in this injunction 

are part of a court order but are not 

enforceable as labeling requirements 

under FIFRA. To view the interactive 

map displaying the areas where the 

buffer zones apply, go to www.epa.gov/ 

espp/litstatus/wtc/uselimitation.htm. 

The interactive map is expected to be 

updated no later than September 30, 

2014 to include the current list of 

chemicals subject to the restrictions, 

enhanced spatial resolution, and the 

most recent geospatial data depicting 

stream reaches where the buffer zones 

apply. The no-spray buffer zones apply 

to the pesticides carbaryl, chlorpyrifos, 

diazinon, malathion, and methomyl. 

These buffer zones will remain in place 

until EPA implements any necessary 

protections for Pacific salmon and 

steelhead based on reinitiated 

consultations with NMFS. EPA is 

reevaluating these pesticides in 

connection with its current FIFRA 


tkelley on DSK3SPTVN1PROD with NOTICES
53708 Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Notices 

registration review process and the 

stipulated injunction reinstates the 

buffers in the interim. 

The no-spray buffers in the proposed 

stipulated injunction extend 300 feet 

from salmon supporting waters for 

aerial applications of the five pesticides 

and 60 feet for ground applications. 

Under this settlement agreement, 

there are three relevant use exemptions 

carried over from the WTC case: 

1. Public health vector control 

administered by public entities, such as 

the use of malathion by local 

governments for mosquito control. 

2. NMFS-authorized programs (i.e., 

where a NMFS finding or permit allows 

use within the buffers). 

3. Use of carbaryl under a Washington 

state-issued 24(c) registration for oyster 

beds in the estuarine mudflats of 

Willapa Bay and Grays Harbor. 

B. What is the Agency’s authority for 

taking this action? 

On November 29, 2010, NCAP and 

other environmental groups and fishing 

interests filed a lawsuit in the Federal 

District Court for the Western District of 

Washington alleging that EPA failed to 

comply with sections 7 and 9 of the ESA 

(16 U.S.C. 1536, 1538) with regard to the 

effects of six EPA-registered pesticides 

(carbaryl, carbofuran, chlorpyrifos, 

diazinon, malathion, and methomyl) on 

28 Pacific salmonid species that are 

listed as endangered or threatened 

under the ESA (NCAP, et al. v. EPA, 

C10–01919 (W.D. Wash.)). Subsequent 

to the filing of the case, all carbofuran 

end-use product registrations were 

cancelled, effectively leaving only five 

pesticides at issue in the litigation. 

On February 21, 2013, in Dow 

Agrosciences LLC v. NMFS, 707 F.3d 

462 (4th Cir. 2013), the U.S. Court of 

Appeals for the 4th Circuit vacated the 

NMFS biological opinion addressing 

chlorpyrifos, diazinon, and malathion. 

Following that ruling, the Plaintiffs in 

the NCAP v. EPA litigation 

supplemented their original complaint 

to assert that in the absence of a valid 

biological opinion, EPA had failed to 

complete consultation on those three 

pesticides. In the fall of 2013, the 

intervenors, CropLife America and other 

pesticide industry and pesticide user 

groups, filed a motion to dismiss both 

that claim and claims that EPA’s 

registration of the pesticides was in 

violation of the ‘‘take’’ provisions of 

section 9 of the ESA. 

On January 28, 2014, Judge Zilly 

denied intervenors’ motion to dismiss 

these claims. Subsequent to that ruling, 

the parties filed a stipulated motion to 

stay the NCAP v. EPA litigation to allow 

the parties to discuss the potential for 

settlement. 

On June 6, 2014, EPA sought public 

comment on a proposed agreement with 

plaintiffs, in the form of a stipulated 

injunction, to reinstitute the no-spray 

buffers originally established in the 

WTC v. EPA litigation during the period 

that EPA develops new biological 

evaluations for salmonid species (which 

will be completed in connection with 

the development of EPA’s national 

FIFRA registration reviews for these 

pesticides). Following review of the 

comments, most of which supported the 

proposed agreement, EPA filed the 

agreement with the Court and the Court 

entered the stipulated injunction on 

August 15, 2014. These buffer zones 

will remain in place until EPA 

implements any necessary protections 

for Pacific salmon and steelhead based 

on reinitiated consultations with NMFS. 

In separate litigation, NCAP v. NMFS, 

C07–1791 (W.D. Wash.), NMFS has 

agreed to complete any consultation 

EPA reinitiates on chlorpyrifos, 

diazinon, and malathion by December 

2017, and any consultation EPA 

reinitiates on carbaryl and methomyl by 

December 2018. These dates are 

intended to correspond with EPA’s 

FIFRA registration review schedule for 

these pesticides. 

The stipulated injunction also 

requires EPA to provide notice of the 

reinstitution of the no-spray buffers 

zones to numerous groups, including 

certified applicators, state and local 

governments, federal agencies, user 

groups, extension services and land 

grant universities in affected portions of 

California, Oregon, and Washington. It 

also requires EPA to provide certain 

information to the public and pesticide 

users through the EPA Web site, 

including maps that highlight the 

stream reaches where the buffer zones 

apply. The stipulated injunction is 

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

#!documentDetail;D=EPA-HQ-OPP2014-0301-0001. 

List of Subjects 

Environmental protection, 

endangered species. 

Dated: August 28, 2014. 

Marty Monell, 

Acting Director, Office of Chemical Safety 

and Pollution Prevention, Office of Pesticide 

Programs. 

[FR Doc. 2014–21414 Filed 9–9–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0183;Docket No. 

2014–0055; Sequence 13] 

Submission for OMB Review; 

Preventing Personal Conflicts of 

Interest for Contractor Employees 

Performing Acquisition Functions 

AGENCY: Department of Defense (DOD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of request for public 

comments regarding an extension, to an 

existing OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35), the Regulatory Secretariat 

Division (MVCB) will be submitting to 

the Office of Management and Budget 

(OMB) a request to review an extension 

of a currently approved information 

collection requirement regarding 

Preventing Personal Conflicts of Interest 

for Contractor Employees Performing 

Acquisition Functions. This request for 

extension relates to FAR case 2013–022, 

Extension of Limitations on Contractor 

Employee Personal Conflicts of Interest, 

proposed rule, which published 

updated burden hours in the Federal 

Register at 79 FR 18503 on April 2, 

2014. A notice was published in the 

Federal Register at 79 FR 33557 on June 

11, 2014. No comments were received. 

DATES: Submit comments on or before 

October 10, 2014. 

ADDRESSES: Submit comments 

identified by Information Collection 

9000–0183, Preventing Personal 

Conflicts of Interest for Contractor 

Employees Performing Acquisition 

Functions by any of the following 

methods: 

• Regulations.gov: http://

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by searching the 

OMB control number 9000–0183. Select 

the link ‘‘Comment Now’’ that 

corresponds with ‘‘Information 

Collection 9000–0183, Preventing 

Personal Conflicts of Interest for 

Contractor Employees Performing 

Acquisition Functions’’. Follow the 

instructions provided on the screen. 

Please include your name, company 

name (if any), and ‘‘Information 

Collection 9000–0183, Preventing 

Personal Conflicts of Interest for 

Contractor Employees Performing 


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