Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 60211 

complies with HIPAA’s 

nondiscrimination requirements? 

2. How do plans and issuers currently 

obtain genetic information (for example, 

through health risk assessments, the 

Medical Information Bureau, or other 

entities under common control)? 

3. Under what circumstances do plans 

or issuers currently request or require an 

individual to take a genetic test? 

4. Under what circumstances do plans 

or issuers currently ask for the results of 

a genetic test in order to make a 

determination regarding payment of 

benefits? What is the minimum amount 

of information necessary for a plan or 

issuer to make a determination under 

such circumstances? 

5. What types of research do plans or 

issuers currently conduct or support 

using genetic tests? 

6. Would a model notice be helpful to 

facilitate disclosure to plan participants 

and beneficiaries regarding a plan’s or 

issuer’s use of the research exception? 

In this regard, what information would 

be most helpful to participants and 

beneficiaries? 

7. Similarly, would a model form be 

helpful for reporting to the Departments 

by a plan or issuer claiming the research 

exception? In this regard, what 

information should plans and issuers 

report? 

8. When might genetic information be 

collected incidentally? 

9. What terms or provisions (such as 

genetic information, genetic test, genetic 

services, or underwriting) would require 

additional clarification to facilitate 

compliance? What specific clarifications 

would be helpful? 

Signed at Washington, DC this 4th day of 

June, 2008. 

Alan Tawshunsky, 

Deputy Division Counsel/Deputy Associate 

Chief Counsel, Tax Exempt and Government 

Entities, Internal Revenue Service, 

Department of the Treasury. 

Signed at Washington, DC this 5th day of 

June, 2008. 

W. Thomas Reeder, 

Benefits Tax Counsel, Department of the 

Treasury. 

Signed at Washington, DC this 2nd day of 

October, 2008. 

Bradford P. Campbell, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

Dated: June 30, 2008. 

Kerry Weems, 

Acting Administrator, Centers for Medicare 

& Medicaid Services. 

[FR Doc. E8–24194 Filed 10–9–08; 8:45 am] 

BILLING CODES 4830–01–P; 4510–29–P; 4120–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 158 and 161 

[EPA–HQ–OPP–2008–0110; FRL–8383–6] 

Data Requirements for Antimicrobial 

Pesticides; Notice of Public Workshop 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of public 

workshop. 

SUMMARY: EPA is convening a public 

workshop to explain the provisions of 

its recently proposed rule to update and 

revise the data requirements for 

registration of antimicrobial pesticides. 

The workshop is intended to provide an 

opportunity for members of the public 

to ask questions about the proposed rule 

and seek any clarification they believe 

may assist them in submitting 

comments to the docket for the 

proposed rule. Any person wishing to 

comment on the proposed rule must 

submit any comments to the docket 

within the timeframe set forth in the 

Notice of Proposed Rulemaking. 

DATES: The meeting will be held on 

November 6, 2008, from 8:30 a.m. to 

4:00 p.m. 

To request accommodation of a 

disability, please contact the person 

listed under FOR FURTHER INFORMATON

CONTACT, preferably at least 10 days 

prior to the meeting, to give EPA as 

much time as possible to process your 

request. 

ADDRESSES: The meeting will be held at 

the Office of Pesticide Programs (OPP), 

First Floor Conference Center, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA 22202. 

To facilitate the Agency’s planning, 

your intention to participate in the 

Antimicrobials Workshop, may be 

submitted to the person listed under FOR

FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Boyle, Field and External 

Affairs Division (7506P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: 703.305.6304; 

fax number: 703.305.5884; e-mail 

address: boyle.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be affected by this action if 

you are a producer of pesticide products 

(NAICS code 32532), antifoulants 

(NAICS code 32551), antimicrobial 

pesticides (NAICS code 32561) or wood 

preservatives (NAICS code 32519), 

importers of such products, or any 

person or company who seeks to register 

an antimicrobial, antifoulant coating, 

ballast water treatment, or wood 

preservative pesticide or to obtain a 

tolerance for such a pesticide. 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 above 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, please contact Norm 

Cook, Chief of the Risk Assessment and 

Science Support Branch in the 

Antimicrobials Division of the Office of 

Pesticide Programs at 703–308–8253 or 

via email, cook.norm@epa.gov. 

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 ID 

number EPA–HQ–OPP–2008–0110. 

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 22202. 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. Background 

EPA is convening a public workshop 

to explain the proposed revisions to the 

data requirements for the registration of 

antimicrobial pesticides. Under the 

Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA) and the 

Federal Food, Drug and Cosmetic Act 

(FFDCA), anyone seeking to register a 

pesticide product is required to provide 

information to EPA to demonstrate that 

their products can be used without 

posing ‘‘unreasonable adverse effects on 

the environment’’ as defined by FIFRA 

section 2(bb). 

The public workshop will include 

presentations by staff from the 

Antimicrobial, and the Field and 


sroberts on PROD1PC70 with PROPOSALS
60212 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Proposed Rules 

External Affairs Divisions of the Office 

of Pesticide Programs. The proposed 

revisions are directed at antimicrobial 

pesticides, not conventional pesticides, 

biochemical and microbial pesticides or 

product performance data requirements. 

Nonetheless, all interested parties are 

welcome and may benefit from the 

discussions since two areas not 

addressed in the conventional pesticide 

(72 FR 60934), or biochemical and 

microbial pesticide (72 FR 60988) data 

requirements final rules are addressed 

in the antimicrobial data requirements 

proposed rule. These two areas are: 

down-the-drain data requirements and 

the Program’s use of structure-activityrelationship (SAR). 

During the workshop, persons in 

attendance will be able to ask questions 

regarding the proposed rule and/or 

material being presented and seek any 

clarification they believe may assist 

them in submitting comments to the 

docket for the proposed rule. Any 

person wishing to comment on the 

proposed rule must submit any 

comments to the docket within the 

timeframe set forth in the Notice of 

Proposed Rulemaking for the proposed 

rule. 

The proposed revisions were issued 

in the Federal Register of October 8, 

2008. A 90–day comment period will 

end on January 6, 2009. A limited 

number of copies of the proposed rule 

will be available at the workshop. 

Attendees are encouraged to access the 

electronic version of the proposed rule 

from the regulations.gov website under 

Docket ID No. EPA–HQ–OPP–2008– 

0110. 

List of Subjects in 40 CFR Parts 158 and 

161 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 17, 2008. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

[FR Doc. E8–24025 Filed 10–9–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 2300 

[WO–350–08 1430 PN] 

RIN 1004–AE05 

Land Withdrawals; Removal of 

Regulations Covering Emergency 

Withdrawals 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

remove regulations that provide for 

emergency withdrawals. These 

regulations are redundant, since public 

lands can be protected without 

substantial delay via conventional 

withdrawal procedures, without 

recourse to the regulations providing for 

emergency withdrawals. Moreover, 

constitutional issues may arise 

whenever a Congressional committee 

directs the Secretary of the Interior 

(Secretary) to withdraw lands 

immediately. 

DATES: Send your comments on this 

proposed rule to the BLM on or before 

October 27, 2008. Comments received or 

postmarked after this date may not be 

considered in the decision-making 

process on the issuance of the proposed 

rule. 

ADDRESSES: You may mail written 

comments to the Director (630), Bureau 

of Land Management, 1620 L Street, 

NW., Room 401, Washington, DC 20036, 

Attention: RIN 1004–AE05; or handdeliver written comments to the Bureau 

of Land Management, Administrative 

Record, Room 401, 1620 L Street, NW., 

Washington, DC 20036. Comments will 

be available for public review at the L 

Street address from 7:45 a.m. to 4:15 

p.m., Eastern Time, Monday through 

Friday, except Federal holidays. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

information on the substance of the 

proposed rule, please contact Jeff 

Holdren at 202–452–7779 or Vanessa 

Engle at 202–452–7776. For information 

on procedural matters, please contact 

Jean Sonneman at 202–785–6577. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339 to contact the 

above individuals during business 

hours. FIRS is available 24 hours a day, 

7 days a week, to leave a message or 

question with the above individuals. 

You will receive a reply during normal 

business hours. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

A. Case Law 

B. 1991 Rulemaking 

III. Discussion of the Proposed Rule 

A. The Two Processes 

B. The Constitutional Issue 

IV. Procedural Matters 

I. Public Comment Procedures 

Electronic Access and Filing Address: 

You may view an electronic version of 

this proposed rule at the BLM’s Internet 

home page at http://www.blm.gov or at 

http://www.regulations.gov. You may 

comment via the Internet at: http:// 

www.regulations.gov. If you submit your 

comments electronically, please include 

your name and return address in your 

Internet message. 

Written Comments: You may mail 

your comments to: Director (630), 

Bureau of Land Management, 1620 L 

Street, NW., Room 401, Washington, DC 

20036, Attention: RIN 1004–AE05. You 

may deliver comments to: 1620 L Street, 

NW., Room 401, Washington, DC 20036. 

Please make your comments as 

specific as possible, confine them to 

issues pertinent to the proposed rule, 

and explain the reason for any changes 

you recommend. Where possible, your 

comments should reference the specific 

section or paragraph of the proposed 

rule that you are addressing. 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, be advised that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. 

The Department of the Interior (DOI) 

may not necessarily consider or include 

in the Administrative Record for the 

proposed rule comments that we receive 

after the close of the comments period 

(see DATES) or comments delivered to an 

address other than those listed above 

(see ADDRESSES). 

II. Background 

This proposed rule would remove 

regulations that provide for emergency 

withdrawals. These regulations, 

including 43 CFR 2310.5, provide that 

the Secretary of the Interior shall 

withdraw lands immediately upon 

determining that an emergency exists 

and that extraordinary measures need to 

be taken to protect natural resources or 


sroberts on PROD1PC70 with PROPOSALS