Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices 62109 

entities are eligible to apply for the 

brownfields revolving loan fund grants, 

but only one member of the coalition 

may receive a cooperative agreement. 

Dated: October 24, 2005. 

Linda Garczynski, 

Director, Office of Brownfields Cleanup and 

Redevelopment, Office of Solid Waste and 

Emergency Response. 

[FR Doc. 05–21530 Filed 10–27–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0247; FRL–7735–2] 

Pennsylvania and Virginia State Plans 

for Certification of Applicators of 

Restricted Use Pesticides; Notice of 

Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of intent. 

SUMMARY: The States of Pennsylvania 

and Virginia have submitted to EPA 

amendments to their respective State 

Plans for Certification and Training of 

Applicators of Restricted Use Pesticides. 

The proposed amendments add new 

commercial categories for vertebrate 

pest control. Notice is hereby given of 

the intention of the Regional 

Administrator, Region III, to approve the 

revised Pennsylvania and Virginia Plans 

for the Certification of Applicators of 

Restricted Use Pesticides. EPA is 

soliciting comments on the proposed 

amendments. 

DATES: Comments must be received on 

or before November 28, 2005. 

ADDRESSES: Comments, identified by 

docket identification (ID) number OPP–

2005–0247, may be submitted 

electronically, by mail, or through hand 

delivery/courier. Follow the detailed 

instructions as provided in Unit I. of the 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Fabiola Estrada, USEPA Region III, 

Pesticide/Asbestos Programs and 

Enforcement Branch (3WC32), 1650 

Arch St., Philadelphia, PA 19103–2029; 

telephone number: (215) 814–2171; email address: Estrada.Fabiola@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to those involved in 

agriculture and anyone involved with 

the distribution and application of 

pesticides for agricultural purposes. 

Others involved with pesticides in a 

non-agricultural setting may also be 

affected. In addition, it may be of 

interest to others, such as, those persons 

who are or may be required to conduct 

testing of chemical substances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), or the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). 

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. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket ID number OPP–2005–

0247. The official public docket consists 

of the documents specifically referenced 

in this action, any public comments 

received, and other information related 

to this action. Although a part of the 

official docket, the public docket does 

not include Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

The official public docket is the 

collection of materials that is available 

for public viewing at the Public 

Information and Records Integrity 

Branch (PIRIB), Rm. 119, Crystal Mall 

#2, 1801 S. Bell St., Arlington, VA. This 

docket facility is open from 8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays. The docket 

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 

athttp://www.epa.gov/fedrgstr/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search’’ then key in 

the appropriate docket ID number. 

Certain types of information will not 

be placed in the EPA Dockets. 

Information claimed as CBI and other 

information whose disclosure is 

restricted by statute, which is not 

included in the official public docket, 

will not be available for public viewing 

in EPA’s electronic public docket. EPA’s 

policy is that copyrighted material will 

not be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. To the extent feasible, publicly 

available docket materials will be made 

available in EPA’s electronic public 

docket. When a document is selected 

from the index list in EPA Dockets, the 

system will identify whether the 

document is available for viewing in 

EPA’s electronic public docket. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. EPA 

intends to work towards providing 

electronic access to all of the publicly 

available docket materials through 

EPA’s electronic public docket. 

For public commenters, 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 in EPA’s electronic public 

docket as EPA receives them and 

without change, unless the comment 

contains copyrighted material, CBI, or 

other information whose disclosure is 

restricted by statute. When EPA 

identifies a comment containing 

copyrighted material, EPA will provide 

a reference to that material in the 

version of the comment that is placed in 

EPA’s electronic public docket. The 

entire printed comment, including the 

copyrighted material, will be available 

in the public docket. 

Public comments submitted on 

computer disks that are mailed or 

delivered to the docket will be 

transferred to EPA’s electronic public 

docket. Public comments that are 

mailed or delivered to the docket will be 

scanned and placed in EPA’s electronic 

public docket. Where practical, physical 

objects will be photographed, and the 

photograph will be placed in EPA’s 

electronic public docket along with a 

brief description written by the docket 

staff. 

In addition to the sources listed in 

this unit, you may obtain copies of the 

amended Pennsylvania and Virginia 

Certification Plans, other related 

documents, or additional information by 

contacting: 

1. Fabiola Estrada at the address listed 

under FOR FURTHER INFORMATION

CONTACT. 

62110 Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices 

2. David Scott, Bureau of Plant 

Industry, Pennsylvania Dept. of 

Agriculture, 2301 North Cameron St., 

Harrisburg, PA 17110–9408; telephone 

number: 717–772–5214; e-mail: 

dascott@state.pa.us. 

3. Kathy Dictor, Virginia Department 

of Agriculture & Consumer Services, 

Office of Pesticide Services, 2221 

Carbon Hill Drive, Midlothian, VA 

23113; telephone number: 804–786–

0685; e-mail: kdictor@vdacs.state.va.us. 

4. Michelle Devaux, Field and 

External Affairs Division (7506C), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., 20460–0001; telephone 

number: (703) 305–7666; e-mail address: 

devaux.michelle@epa.gov. 

C. How and to Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket ID number in the subject line on 

the first page of your comment. 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 

wish to submit CBI or information that 

is otherwise protected by statute, please 

follow the instructions in Unit I.D. Do 

not use EPA Dockets or e-mail to submit 

CBI or information protected by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed in this 

unit, EPA recommends that you include 

your name, mailing address, and an email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. 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. EPA’s policy is that EPA 

will not edit your comment, and 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. 

i. EPA Dockets. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EPA Dockets 

athttp://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2005–0247. The 

system is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity, e-mail address, or 

other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

e-mail toopp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2005–0247. In contrast to EPA’s 

electronic public docket, EPA’s e-mail 

system is not an ‘‘anonymous access’’

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in Unit I.C.2. These electronic 

submissions will be accepted in 

WordPerfect or ASCII file format. Avoid 

the use of special characters and any 

form of encryption. 

2. By mail. Send your comments to: 

Public Information and Records 

Integrity Branch (PIRIB) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2005–0247. 

3. By hand delivery or courier. Deliver 

your comments to: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

NumberOPP–2005–0247. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1. 

D. How Should I Submit CBI to the 

Agency? 

Do not submit information that you 

consider to be CBI electronically 

through EPA’s electronic public docket 

or by e-mail. You may claim 

information that you submit to EPA as 

CBI by marking any part or all of that 

information as CBI (if you submit CBI 

on disk or CD ROM, 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 

CBI). Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

In addition to one complete version of 

the comment that includes any 

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 and EPA’s electronic public 

docket. If you submit the copy that does 

not contain CBI on disk or CD ROM, 

mark the outside of the disk or CD ROM 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and EPA’s 

electronic public docket without prior 

notice. If you have any questions about 

CBI or the procedures for claiming CBI, 

please consult the person identified 

under FOR FURTHER INFORMATION

CONTACT. 

E. What Should I Consider as I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing 

yourcomments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you usedthat 

support your views. 

4. If you estimate potential burden or 

costs, explain how youarrived at the 

estimate that you provide. 

5. Provide specific examples to 

illustrate your concerns. 

6. Make sure to submit your 

comments by the deadline in thisnotice. 

7. To ensure proper receipt by EPA, 

be sure to identify the docketcontrol 

number assigned to this action in the 

subject line on the firstpage of your 

response. You may also provide the 

name, date, and Federal Register 

citation. 

II. Background 

FIFRA section 3 requires that 

pesticide applicators become certified to 

purchase, use, or supervise the use of 

restricted use pesticides. FIFRA section 

11 allows EPA to designate the pesticide 

applicator certification program to states 

with EPA-approved plans. Federal 

regulations at 40 CFR 171.7 describe 

what constitutes an EPA-approved plan, 

and 40 CFR 171.8 requires that any 

substantial modification to a plan must 

receive prior approval from the 

Administrator. EPA is seeking public 

comment on amendments that are 

substantial modifications to the 

Pennsylvania and Virginia plans. 

Federal Register / Vol. 70, No. 208 / Friday, October 28, 2005 / Notices 62111 

These amendments will establish new 

commercial applicator categories. In the 

Pennsylvania plan, a ‘‘Public Health-- 

Vertebrate Pest Control’’ category will 

be added to certify employees of U.S. 

Department of Agriculture, Wildlife 

Services (WS) for the use of 1080 

Livestock Protection Collar (LPC). In the 

Virginia plan, a ‘‘Vertebrate Pest 

Control’’ category will be added to 

certify employees of WS for the use of 

LPC and the M-44 Device (M-44). WS is 

authorized by Congress to manage 

wildlife damage. Pennsylvania and 

Virginia certification of WS employees 

as pesticide applicators will allow them 

to purchase, use, and supervise the use 

of 1080 LPC and M-44 to carry out their 

responsibilities. 

In October 1983, EPA Assistant 

Administrator for Solid Waste and 

Emergency Response, Lee M. Thomas, 

decided to permit the registration of 

1080 LPC based on an Administrative 

Law Judge ruling. The decision requires 

applicators of 1080 LPC to receive 

specific training and to comply with 

recordkeeping and reporting 

requirements beyond that of applicators 

of restricted use pesticides. Therefore, a 

distinct certification process is required 

in any state wanting to certify 

applicators of 1080 LPC. The M-44 is 

used by certified applicators to control 

predators of livestock and poultry. 

Similar to LPC 1080, M-44 has specific 

use restrictions that go beyond those 

required for most other categories of 

applicators of restricted use pesticides. 

The amendments to the Pennsylvania 

and Virginia plans satisfy the specific 

training, recordkeeping, and reporting 

requirements for both LPC 1080 and M44. 

EPA has reviewed the new categories 

and announces its intentions to approve 

the amendments to the Pennsylvania 

and Virginia State Plans. 

III. What Action is the Agency Taking? 

EPA has reviewed the revised 

Pennsylvania and Virginia Certification 

Plans and finds them in compliance 

with FIFRA and 40 CFR part 171 and is 

announcing its intention to approve the 

amended plans and seeks public 

comment. 

List of Subjects 

Environmental protection, Education, 

Pesticides and pests. 

Dated: October 14, 2005. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. 05–21535 Filed 10–27–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0279; FRL–7741–4] 

Pesticide Product; Registration 

Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide product, Cuelure 

containing an active ingredient not 

included in any previously registered 

product pursuant to the provisions of 

section 3(c)(5) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Bryceland, Biopesticides and 

Pollution Prevention Division (7511C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–6928; e-mail address: 

bryceland.andrew@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111) 

• Animal production (NAICS code 

112) 

• Food manufacturing (NAICS code 

311) 

• Pesticide manufacturing (NAICS 

code 32532) 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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 an 

official public docket for this action 

under docket identification (ID) number 

OPP –2005–0279. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

In accordance with section 3(c)(2) of 

FIFRA, a copy of the approved label, the 

list of data references, the data and other 

scientific information used to support 

registration, except for material 

specifically protected by section 10 of 

FIFRA, are also available for public 

inspection. Requests for data must be 

made in accordance with the provisions 

of the Freedom of Information Act and 

must be addressed to the Freedom of 

Information Office (A–101), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. The request should: 

Identify the product name and 

registration number and specify the data 

or information desired. 

A paper copy of the fact sheet, which 

provides more detail on this 

registration, may be obtained from the 

National Technical Information Service 

(NTIS), 5285 Port Royal Rd., 

Springfield, VA 22161. 

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/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

II. Did EPA Approve the Application? 

The Agency approved the application 

after considering all required data on