23690 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed docket(s). For assistance 

with any FERC Online service, please email FERCOnlineSupport@ferc.gov. or 

call (866) 208–3676 (toll free). For TTY, 

call (202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–11668 Filed 5–19–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R05–OAR–2009–0221, EPA–R05– 

OAR–2009–0220; FRL–8907–2] 

Adequacy Status of the Cleveland/ 

Akron, Ohio and the Columbus, Ohio 

Submitted 8-Hour Ozone 

Redesignation and Maintenance Plans 

for Transportation Conformity 

Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public that we have found 

that the motor vehicle emissions 

budgets (MVEBs) for volatile organic 

compounds (VOC) and oxides of 

nitrogen (NOX) in the Cleveland/Akron, 

Ohio area and the Columbus, Ohio area 

are adequate for use in transportation 

conformity determinations. Ohio 

submitted the Cleveland/Akron area 

budgets with an 8-hour ozone 

redesignation and maintenance plan on 

March 17, 2009. Ohio submitted the 

Columbus area budgets with an 8-hour 

ozone redesignation and maintenance 

plan on March 17, 2009. As a result of 

our finding, the Cleveland/Akron, Ohio 

area and the Columbus, Ohio area must 

use the MVEBs from the submitted 8- 

hour ozone maintenance plan for future 

transportation conformity 

determinations. 

DATES: This finding is effective June 4, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Life Scientist, Criteria 

Pollutant Section (AR–18J), Air 

Programs Branch, Air and Radiation 

Division, United States Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–8777, 

Maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean 

EPA. 

Background 

Today’s notice is simply an 

announcement of a finding that we have 

already made. On March 30, 2009, EPA 

Region 5 sent a letter to the Ohio 

Environmental Protection Agency 

stating that the 2010 and 2020 MVEBs 

for the Cleveland/Akron area, and also 

for the Columbus area, which were 

submitted with the state’s 8-hour ozone 

redesignation and maintenance plan, are 

adequate. Receipt of these MVEBs was 

announced on EPA’s transportation 

conformity website, and no comments 

were submitted. The finding is available 

at EPA’s conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

The adequate 2010 and 2020 MVEBs, 

in tons per day (tpd), for VOC and NOX

for the Cleveland/Akron area are as 

follows: 

2012 MVEB 

(tpd) 

2020 MVEB 

(tpd) 

VOC .................. 46.64 31.48 

NOX .................. 95.89 42.75 

The adequate 2010 and 2020 MVEBs, 

in tons per day (tpd), for VOC and NOX

for the Columbus area are as follows: 

2012 MVEB 

(tpd) 

2020 MVEB 

(tpd) 

VOC .................. 54.86 36.60 

NOX .................. 91.64 46.61 

Please note that the March 30, 2009, 

letter to the state had the budgets in the 

wrong columns and this has been 

corrected in this notice. 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule requires that 

transportation plans, programs, and 

projects conform to state air quality 

implementation plans and establishes 

the criteria and procedures for 

determining whether or not they do 

conform. Conformity to a State 

Implementation Plan (SIP) means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the national 

ambient air quality standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for transportation 

conformity purposes are outlined in 40 

CFR 93.118(e)(4). We have described 

our process for determining the 

adequacy of submitted SIP budgets in 

our July 1, 2004, preamble starting at 69 

FR 40038, and we used the information 

in these resources while making our 

adequacy determination. Please note 

that an adequacy review is separate 

from EPA’s completeness review, and it 

also should not be used to prejudge 

EPA’s ultimate approval of the SIP. 

Even if we find a budget adequate, the 

SIP could later be disapproved. 

The finding and the response to 

comments are available at EPA’s 

transportation conformity web site: 

http://www.epa.gov/otaq/ 

stateresources/transconf/adequacy.htm. 

Authority: 42 U.S.C. 7401–7671q. 

Dated: May 7, 2009. 

Walter W. Kovalick Jr, 

Acting Regional Administrator, Region 5. 

[FR Doc. E9–11639 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0722; FRL–8412-8] 

Amendments to Terminate Certain 

Pesticide Uses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

order for the amendments to terminate 

certain uses, voluntarily requested by 

the registrants and accepted by the 

Agency, of certain pesticide products, 

pursuant to section 6(f)(1) of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), as amended. This 

cancellation order follows an October 8, 

2008, Federal Register Notice of Receipt 

of Requests from registrants to 

voluntarily amend their registrations of 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23691 

certain pesticide products (73 FR 58958; 

FRL–8385–2). In the October 8, 2008, 

Notice, EPA indicated that it would 

issue an order implementing the 

cancellation and amendments to 

terminate certain uses, unless the 

Agency received substantive comments 

within the 30 day comment period that 

would merit its further review of these 

requests, or unless the registrants 

withdrew their requests within this 

period. The Agency did not receive any 

comments on the notice except for 

comments pertaining to aldicarb. 

Accordingly, EPA hereby issues in this 

notice a cancellation order granting the 

requested amendments to terminate 

certain pesticide product uses except for 

the uses of aldicarb on coffee, pecans, 

and tobacco. The product cancellation 

order for the chloroneb product, 

Demosan 65W (EPA Reg. No. 073782- 

00002), which was included in the 

October 8, 2008 notice will be included 

in a separate Federal Register notice. 

Any distribution, sale, or use of the 

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 

May 20, 2009. 

FOR FURTHER INFORMATION CONTACT: Eric 

Olson, 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– 

8067; fax number: (703) 308–7070; email address: olson.eric@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–2008–0722. 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 

amendments to terminate uses, as 

requested by registrants, of certain 

products registered under section 3 of 

FIFRA. These registrations are listed in 

sequence by registration number in 

Table 1 of this unit. 

TABLE 1.—PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES

Registration Number Product Name Active Ingredient Delete from Use 

000264-00330 Temik Brand 15G Aldicarb Pesticide Aldicarb Alfalfa grown for seed; Ornamentals; Sugarcane; 

Sorghum 

000264-00426 Temik Brand 15g Aldicarb Pesticide For Sale And Use In 

Calif. 

Aldicarb Alfalfa grown for seed; Ornamentals; Sugarcane; 

Sorghum 

000264-00729 Monitor 4 Methamidophos Cotton 

000264-00741 Monitor Technical Methamidophos Cotton 

000264-00744 Monitor 60% Concentrate Methamidophos Cotton 

000264-01020 Monitor 4 Spray Methamidophos Cotton 

000264 AR-81- 

0044 

Monitor 4 Methamidophos Cotton 

000264 AR-87- 

0007 

Monitor 4 Methamidophos Cotton 

000264 CA-79- 

0188 

Monitor 4 Methamidophos Cotton 

000264 MS-81- 

0014 

Monitor 4 Methamidophos Cotton 

000264 MS-81- 

0055 

Monitor 4 Methamidophos Cotton 

23692 Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 

TABLE 1.—PRODUCT REGISTRATION AMENDMENTS TO TERMINATE USES—Continued 

Registration Number Product Name Active Ingredient Delete from Use 

010330-00016 Ethylene Oxide 10% and Carbon Dioxide Sterilizing Gas ETO Basil 

010330-00018 20% Ethylene Oxide and 80% 

Carbon Dioxide Sterilizing 

Gas 

ETO Basil 

010330-00021 8.5% Ethylene Oxide and Carbon Dioxide Sterilizing Gas ETO Basil 

036736-00002 Ethylene Oxide 100% ETO Basil 

036736-00003 Sterilizing Gas 3 ETO Basil 

036736-00004 Sterilizing Gas 4 ETO Basil 

036736-00005 Sterilizing Gas 5 ETO Basil 

036736-00006 Sterilizing Gas 6 ETO Basil 

036736-00007 Sterilizing Gas 8 ETO Basil 

036736-00008 Ethylene Oxide – MUP ETO Basil 

045728-00001 Thiram Technical Thiram Parks; Athletic Fields; Commercial Areas; Sod; 

Homeowner turf; Homeowner fungicide 

045728-00021 Thiram 75WP Fruit, Vegetable 

and Turf Fungicide 

Thiram Parks; Athletic Fields; Commercial Areas; Sod; 

Homeowner turf; Homeowner fungicide 

400-434 Thiram 480 DP Thiram Parks; Athletic Fields; Commercial Areas; Sod; 

Homeowner turf; Homeowner fungicide 

062719-00391 Kerb 50-W Selective Herbicide Pronamide All residential uses 

062719-00397 Kerb 50-W Herbicide in WSP Pronamide All residential uses 

062719-00578 Kerb 3.3 SC Pronamide All residential uses 

067470-00006 Ethylene Oxide ETO Basil 

067470-00007 Ethylene Oxide 100 R ETO Basil 

Table 2 of this unit includes the 

names and addresses of record for the 

registrants of the products listed in 

Table 1 of this unit. 

TABLE 2.—REGISTRANTS OF AMENDED

PRODUCTS

EPA Company 

Number 

Company Name and 

Address 

000264 Bayer Crop Science 

LP, 

2 T.W., Alexander 

Drive, 

Research Triangle 

Park, NC 27709 

010330 Praxair, Inc., 

39 Old Ridgebury 

Road, 

Danbury CT, 06810- 

5113 

TABLE 2.—REGISTRANTS OF AMENDED

PRODUCTS—Continued 

EPA Company 

Number 

Company Name and 

Address 

036736 Balchem Corporation, 

PO Box 600, 

New Hampton, NY 

10958 

400 Chemtura Corporation, 

199 Benson Road, 

Middlebury CT, 06749 

045728 Taminco Inc., 

21320 Sweet Clover 

Place, 

Ashburn, VA 20147 

TABLE 2.—REGISTRANTS OF AMENDED

PRODUCTS—Continued 

EPA Company 

Number 

Company Name and 

Address 

062719 Dow Agrosciences 

LLLC, 

9330 Zionsville Rd 

308/2e, 

Indianapolis, IN 

462681054 

067470 Honeywell – Specialty 

Chemicals NIC- 4, 

101 Columbia Road, 

Morristown, NJ 

07962-1139 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

On November 3, 2008, Bayer 

CropScience submitted a withdrawal of 

its request to voluntarily cancel the 

Federal Register / Vol. 74, No. 96 / Wednesday, May 20, 2009 / Notices 23693 

registration of TEMIK 15G for use on 

coffee, pecans and tobacco. EPA 

received no comments pertaining to the 

other registrations in this notice in 

response to the October 8, 2008, Federal 

Register notice announcing the 

Agency’s receipt of the requests for 

voluntary cancellation and amendments 

to terminate certain uses. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

amendments to terminate uses of 

registrations identified in Table 1 of 

Unit II. Accordingly, the Agency orders 

that the product registrations identified 

in Table 1 of Unit II. are hereby 

amended to terminate the affected uses 

except for methamidophos products 

which will become effective September 

30, 2009. 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. 

A. Methamidophos. 

On April 7, 2002, EPA signed the 

Interim Reregistration Eligibility 

Decision (IRED) for methamidophos. 

That IRED specified risk mitigation 

measures including: ‘‘Implement a 5– 

year phase out of the use on cotton.’’ 

In accordance with the IRED, Bayer 

CropScience has submitted a request to 

voluntarily terminate all cotton uses of 

the methamidophos products listed 

above in Table 2 effective September 30, 

2009. Provisions for the sale, 

disposition, and use of existing stocks of 

methamidophos products include the 

following: All sale or distribution by the 

registrant of existing stocks labeled for 

use on cotton is prohibited after 

September 30, 2009, unless that sale or 

distribution is solely for the purpose of 

facilitating disposal or export of the 

product. Existing stocks labeled for use 

on cotton may be sold and distributed 

by persons other than the registrant 

until July 31, 2010. Existing stocks 

labeled for use on cotton may be used 

until September 30, 2010, provided that 

such use complies with the EPAapproved label and labeling of the 

product. 

B. Other Chemicals Addressed in this 

Order. 

The cancellation order will allow 

persons other than the registrant to 

continue to sell and/or use existing 

stocks of canceled products until such 

stocks are exhausted, provided that such 

use is consistent with the terms of the 

previously approved labeling on, or that 

accompanied, the canceled product. 

This order specifically prohibits any use 

of existing stocks that is not consistent 

with such previously approved labeling. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: May 7, 2009. 

Richard P. Keigwin, Jr., 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. E9–11630 Filed 5–19–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPPT–2009–0270; FRL–8417–1] 

Approval of Test Marketing 

Exemptions for Certain New Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

approval of applications for test 

marketing exemptions (TMEs) under 

section 5(h)(1) of the Toxic Substances 

Control Act (TSCA) and 40 CFR 720.38. 

EPA has designated these applications 

as TME–08–01; TME–08–02; TME–08– 

03; TME–08–04; TME–08–05; TME–08– 

06; TME–08–07; TME–08–08; TME–08– 

09; TME–08–10; TME–08–11; TME–08– 

12; TME–08–13; TME–08–14; TME–08– 

15; TME–08–16; TME–08–17; TME–08– 

19; and TME–08–20. The test marketing 

conditions are described in each TME 

application and in this notice. 

DATES: Approval of these TMEs is 

effective May 14, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: Colby 

Lintner, Regulatory Coordinator, 

Environmental Assistance Division 

(7408M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 554–1404; e-mail address: 

TSCA-Hotline@epa.gov. 

For technical information contact: 

Adella Underdown, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (202) 564– 

9364; e-mail address: 

underdown.adella@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed in particular to 

the chemical manufacturer and/or 

importer who submitted the TME 

applications to EPA. This action may, 

however, be of interest to the public in 

general. 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 

technical 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 ID 

number EPA–HQ–OPPT–2009–0270. 

All documents in the docket are listed 

in the docket index at http:// 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Confidential 

Business Information (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 electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave., NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30