Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12851 

permit terms on small entities and how 

to craft the permit to avoid any undue 

burden on small entities.’’ Id. 

Accordingly, with respect to the NPDES 

permit that EPA was addressing in that 

Federal Register notice, EPA stated that 

‘‘the Agency has considered and 

addressed the potential impact of the 

general permit on small entities in a 

manner that would meet the 

requirements of the RFA if it applied.’’ 

Id. 

Subsequent to EPA’s conclusion in 

1998 that general permits are 

adjudications rather than rules, as noted 

above, the DC Circuit recently held that 

nationwide general permits under 

section 404 are ‘‘rules’’ rather than 

‘‘adjudications.’’ Thus, this legal 

question remains ‘‘a difficult one’’ 

(supra). However, EPA continues to 

believe that there is a strong public 

policy interest in EPA applying the 

RFA’s framework and requirements to 

the Agency’s evaluation and 

consideration of the nature and extent of 

any economic impacts that a CWA 

general permit could have on small 

entities (e.g., small businesses). In this 

regard, EPA believes that the Agency’s 

evaluation of the potential economic 

impact that a general permit would have 

on small entities, consistent with the 

RFA framework discussed below, is 

relevant to, and an essential component 

of, the Agency’s assessment of whether 

a CWA general permit would place 

requirements on dischargers that are 

appropriate and reasonable. 

Furthermore, EPA believes that the 

RFA’s framework and requirements 

provide the Agency with the best 

approach for the Agency’s evaluation of 

the economic impact of general permits 

on small entities. While using the RFA 

framework to inform its assessment of 

whether permit requirements are 

appropriate and reasonable, EPA will 

also continue to ensure that all permits 

satisfy the requirements of the Clean 

Water Act. Accordingly, EPA has 

committed to operating in accordance 

with the RFA’s framework and 

requirements during the Agency’s 

issuance of CWA general permits (in 

other words, the Agency has committed 

that it will apply the RFA in its issuance 

of general permits as if those permits do 

qualify as ‘‘rules’’ that are subject to the 

RFA). 

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

et seq. 

Dated: March 4, 2009. 

Miguel I. Flores, 

Director, Water Quality Protection Division, 

EPA Region 6. 

[FR Doc. E9–6673 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0893; FRL–8404–3] 

Fomesafen; Product Cancellation 

Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

order for the cancellation, voluntarily 

requested by the registrant and accepted 

by the Agency, of products containing 

the pesticide fomesafen, pursuant to 

section 6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. This cancellation 

order follows a December 31, 2008 

Federal Register Notice of Receipt of 

Request from the fomesafen registrant to 

voluntarily cancel all their fomesafen 

product registrations. Fomesafen is a 

pre-plant, pre-emergence and postemergence herbicide used on soybeans, 

snap beans, dry beans, and cotton. It is 

also registered for use on agricultural 

fallow/idleland, nonagricultural 

uncultivated areas/soils, pine (forest/ 

shelterbelt) and pine (seed orchard). 

These are not the last fomesafen 

products registered for use in the United 

States. In the December 31, 2008 Notice, 

EPA indicated that it would issue an 

order implementing the cancellations, 

unless the Agency received substantive 

comments within the 30–day comment 

period that would merit its further 

review of these requests, or unless the 

registrant withdrew their request within 

this period. The Agency did not receive 

any comments on the notice. Further, 

the registrant did not withdraw their 

request. Accordingly, EPA hereby issues 

in this notice a cancellation order 

granting the requested cancellations. 

Any distribution, sale, or use of the 

fomesafen products subject to this 

cancellation order is permitted only in 

accordance with the terms of this order, 

including any existing stocks 

provisions. 

DATES: The cancellations are effective 

March 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Wilhelmena Livingston, Special Review 

and Reregistration Division (7508P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8025; fax number: (703) 308– 

8005; e-mail address: 

livingston.wilhelmena@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may 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. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0893. 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 Office of 

Pesticide Programs (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. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. What Action is the Agency Taking? 

This notice announces the 

cancellation, as requested by the 

registrant, of products registered under 

section 3 of FIFRA. These registrations 

are listed in sequence by registration 

number in Table 1 of this unit. 

TABLE 1.—FOMESAFEN PRODUCT

CANCELLATIONS

EPA Registration Number Product Name 

7969–82 BAS 530 04 H Herbicide 

7969–83 FASTERTM Herbicide 

Table 2 of this unit includes the name 

and address of record for the registrant 

of the products in Table 1 of this unit, 

in sequence by EPA company number. 


PWALKER on PROD1PC71 with NOTICES
12852 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 

TABLE 2.—REGISTRANT OF CANCELED

AND/OR AMENDED FOMESAFEN

PRODUCTS

EPA Company 

Number 

Company Name and Address 

7969 BASF, 26 Davis Drive, 

Triangle Park, North 

Carolina 27709–3528 

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 December 31, 2008 

Federal Register (73 FR 80390; FRL– 

8395–3) notice announcing the Agency’s 

receipt of the request for voluntary 

cancellations of fomesafen. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellation of fomesafen registrations 

identified in Table 1 of Unit II. 

Accordingly, the Agency orders that the 

fomesafen product registrations 

identified in Table 1 of Unit II are 

hereby canceled. 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 

considered 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 Administrator may approve such a 

request. 

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 cancellation action. 

The cancellation order issued in this 

notice includes the following existing 

stocks provisions. 

Registrants may sell and distribute 

existing stocks for 1–year from the date 

of the cancellation request. The 

products may be sold, distributed, and 

used by people other than the registrant 

until existing stocks have been 

exhausted, provided that such sale, 

distribution, and use complies with the 

EPA-approved label and labeling of the 

product. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: February 25, 2009. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–6260 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–ORD–2008–0649; FRL–8786–3] 

Board of Scientific Counselors 

(BOSC), Human Health Subcommittee 

Meetings—Fall 2008 and Winter 2009 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act, Public Law 

92–463, the Environmental Protection 

Agency, Office of Research and 

Development (ORD), gives notice of a 

meeting of the Board of Scientific 

Counselors (BOSC) Human Health 

Subcommittee. 

DATES: A teleconference call will be 

held on Tuesday, April 21, 2009, from 

1 p.m. to 2 p.m. EDT. The meeting may 

adjourn early if all business is finished. 

Requests for the draft agenda or for 

making oral presentations at the 

meetings will be accepted up to one 

business day before each meeting. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

ORD–2008–0649, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Send comments by 

electronic mail (e-mail) to: 

ORD.Docket@epa.gov, Attention Docket 

ID No. EPA–HQ–ORD–2008–0649. 

• Fax: Fax comments to: (202) 566– 

0224, Attention Docket ID No. EPA– 

HQ–ORD–2008–0649. 

• Mail: Send comments by mail to: 

Board of Scientific Counselors (BOSC), 

Human Health Subcommittee 

Meetings—Fall 2008 and Winter 2009 

Docket, Mailcode: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC, 20460, Attention Docket ID No. 

EPA–HQ–ORD–2008–0649. 

• Hand Delivery or Courier: Deliver 

comments to: EPA Docket Center (EPA/ 

DC), Room B102, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC, Attention Docket ID 

No. EPA–HQ–ORD–2008–0649. 

Note: This is not a mailing address. Such 

deliveries are only accepted during the 

docket’s normal hours of operation, and 

special arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2008– 

0649. 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 e-mail. 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 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. 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 


PWALKER on PROD1PC71 with NOTICES