2072 Federal Register / Vol. 74, No. 9 / Wednesday, January 14, 2009 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0650; FRL–8398–6] 

Petition for Rulemaking Requesting 

EPA Regulate Nanoscale Silver 

Products as Pesticides; Extension of 

Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice; extension of comment 

period. 

SUMMARY: EPA issued a notice in the 

Federal Register of November 19, 2008, 

concerning a petition for rulemaking 

and collateral relief filed by the 

International Center for Technology 

Assessment (ICTA) and others. In 

general, the petition requests that the 

Agency classify nanoscale silver as a 

pesticide, require formal pesticide 

registration of all products containing 

nanoscale silver, analyze the potential 

human health and environmental risks 

of nanoscale silver, take regulatory 

actions under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) 

against existing products that contain 

nanoscale silver, and take other 

regulatory actions under FIFRA as 

appropriate for nanoscale silver 

products. This document extends the 

comment period for 60 days from 

January 20, 2009 to March 20, 2009. 

DATES: Comments, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2008–0650, must be received on or 

before March 20, 2009. 

ADDRESSES: Follow the detailed 

instructions as provided under 

ADDRESSES in the Federal Register 

document of November 19, 2008 (73 FR 

69644). 

FOR FURTHER INFORMATION CONTACT: 

Nathanael R. Martin, Field and External 

Affairs Division (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: 703-305-6475; 

e-mail address: 

martin.nathanael@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

document extends the public comment 

period established in a notice that was 

published in the Federal Register of 

November 19, 2008 (73 FR 69644) (FRL– 

8386–4). In that document, the Agency 

made the petition submitted by ICTA et 

al., available for review and asked for 

public comment on the same. On 

December 12, 2008, EPA received a 

request from ICTA to extend the 

comment period on the petition. EPA is 

hereby extending the comment period, 

which was set to end on January 20, 

2009, to March 20, 2009. 

To submit comments, or access the 

public docket, please follow the detailed 

instructions as provided under 

ADDRESSES in the November 19, 2008 

Federal Register document. If you have 

questions, consult the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

List of Subjects 

Environmental protection, 

Nanotechnology, Pesticides and pests. 

Dated: January 8, 2009. 

Martha Monell, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. E9–622 Filed 1–13–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8762–2] 

Request for Amendment of 

Designation Prohibiting Discharges of 

Dredged or Fill Material to the Bayou 

aux Carpes Clean Water Act Section 

404(c) Site, Louisiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Public Hearing and 

Request for Comments. 

SUMMARY: In 1985, EPA prohibited the 

discharge of dredged or fill material to 

wetlands in the Bayou aux Carpes 

Swamp pursuant to Section 404(c) of 

the Clean Water Act (CWA). On 

November 4, 2008, the New Orleans 

District of the U.S. Army Corps of 

Engineers (Corps) requested that EPA 

modify that designation to 

accommodate discharges to the Bayou 

aux Carpes wetlands associated with 

post-Katrina upgrades to the West Bank 

and Vicinity Hurricane Protection Levee 

system in Jefferson Parish, Louisiana. 

EPA solicits written public comment on 

that request and will hold a public 

hearing for receipt of comments. 

Public Hearing: The public hearing 

will be held in the District Assembly 

Room at the U.S. Army Corps of 

Engineers New Orleans District office, 

7400 Leake Avenue, New Orleans, LA 

70118. The public hearing will 

commence at 6 p.m. on February 11, 

2009, and will end when all comments 

have been received. During the hearing, 

any member of the public may submit 

written comments or present comments 

verbally. 

Public Comments: In addition to 

providing comments at the public 

hearing, written comments on the CWA 

Section 404(c) modification request may 

be submitted to EPA for 30 days 

following the date of this notice. 

Comments should be addressed to Ms. 

Barbara Keeler (6WQ–EC), EPA Region 

6, 1445 Ross Avenue, Dallas, TX 75202– 

2733. All comments should directly 

address whether the 1985 Bayou aux 

Carpes CWA Section 404(c) EPA Final 

Determination should be modified as 

requested by the Corps. 

FOR FURTHER INFORMATION CONTACT: For 

information regarding this matter, 

contact Ms. Barbara Keeler by phone at 

(214) 665–6698 or by e-mail at 

keeler.barbara@epa.gov. Copies of the 

modification request and supporting 

documentation are available online at: 

http://www.nolaenvironmental.gov/ 

nola_public_data/projects/usace_levee/ 

docs/original/ 

ModificationLetterToEPA4Oct08.pdf. 

Additional project information may be 

found at: http:// 

www.nolaenvironmental.gov/projects/ 

usace_levee/IER.aspx?IERID=12. 

SUPPLEMENTARY INFORMATION: The Bayou 

aux Carpes CWA Section 404(c) site is 

located approximately ten miles south 

of New Orleans, Louisiana, on the West 

Bank of Jefferson Parish. The site covers 

approximately 3200 acres, including 

about 3000 acres of wetlands subject to 

federal jurisdiction under the CWA. The 

area is bounded on the north by the 

east-west Old Estelle Pumping Station 

Outfall Canal, on the east by Bayou 

Barataria (Gulf Intracoastal Waterway), 

on the south by Bayou Barataria and 

Bayou des Familles, and on the west by 

State Highway 3134 and the ‘‘V-Levee.’’ 

Immediately across State Highway 3134 

to the west of the site is the Barataria 

Unit of Jean Lafitte National Historical 

Park and Preserve. 

Section 404(c) of the CWA authorizes 

EPA to restrict or prohibit the use of a 

wetland area as a disposal site for 

dredged or fill material if the discharge 

will have unacceptable adverse effects 

on municipal water supplies, shellfish 

beds and fishery areas (including 

spawning and breeding areas), wildlife, 

or recreational areas. EPA published a 

CWA Section 404(c) Final 

Determination prohibiting, with three 

exceptions, future discharges of dredged 

or fill material to wetlands in the Bayou 

aux Carpes site at 50 FR 47267 

(November 15, 1985). Since then, the 

Agency has received two other requests 

for modification. 

In connection with initial 

construction of the West Bank 

Hurricane Protection Levee, the Corps 

requested that EPA modify its CWA 

Section 404(c) designation to allow 

extension of the toe of the ‘‘V-Levee’’ 


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