25686 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

Actions Compliance Procedures 

(iii) Installation of the applicable cable shield 

kit SL#274 or SL#274–2 terminates the requirement of paragraph (e)(1) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(f) The Manager, Fort Worth Airplane 

Certification Office, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to ATTN: Andy McAnaul, 

Aerospace Engineer, 10100 Reunion Pl., Ste. 

650, San Antonio, Texas 78216; telephone: 

(210) 308–3365; fax: (210) 308–3370. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

Related Information 

(g) To get copies of the service information 

referenced in this AD, contact Air Tractor, 

Inc., P.O. Box 485, Olney, Texas 76374; 

telephone: (940) 564–5616; facsimile: (940) 

564–5612; E-mail: parts@airtractor.com; 

Internet: http://www.airtractor.com. To view 

the AD docket, go to U.S. Department of 

Transportation, Docket Operations, M–30, 

West Building Ground Floor, Room W12– 

140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, or on the Internet at 

http://www.regulations.gov. 

Issued in Kansas City, Missouri, on May 

20, 2009. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. E9–12524 Filed 5–28–09; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2005–KY–0003–200616; 

FRL–8911–3] 

Approval and Promulgation of 

Implementation Plans; Kentucky; NOX

SIP Call Phase II 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Kentucky on 

September 12, 2005, and March 24, 

2006. The first revision provides 

Kentucky’s response to EPA’s 

regulations entitled, ‘‘Finding of 

Significant Contribution and 

Rulemaking for Certain States in Ozone 

Transport Assessment Group Region for 

Purposes of Reducing Regional 

Transport of Ozone,’’ otherwise known 

as the ‘‘Nitrogen Oxides (NOX) SIP Call 

Phase I.’’ The second revision responds 

to EPA’s regulations entitled, ‘‘Interstate 

Ozone Transport: Response to Court 

Decisions on the NOX SIP Call, NOX SIP 

Call Technical Amendments, and 

Section 126 Rules,’’ otherwise known as 

the ‘‘ NOX SIP Call Phase II.’’ The NOX

SIP Call Phase II revision satisfies EPA’s 

rule that requires Kentucky to submit 

Phase II revisions necessary to achieve 

applicable, incremental reductions of 

NOX. The intended effect of the Phase 

II SIP revision is to reduce emissions of 

NOX originating in the Commonwealth 

of Kentucky to help attain and maintain 

the national ambient air quality 

standard for ozone. The March 24, 2006, 

final submittal stopped the federal 

implementation plan clock that started 

on February 8, 2006, when EPA made a 

finding that Kentucky failed to submit 

the required SIP for Phase II of the NOX

SIP Call by April 1, 2005. 

DATES: Comments must be received on 

or before June 29, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2005–KY–0003, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: EPA–R04–OAR–2005–KY– 

0003, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2005– 

KY–0003. 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 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. 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 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

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requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Nacosta C. Ward, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9140. 

Ms. Ward can also be reached via 

electronic mail at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of State’s Submittal 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On October 27, 1998, EPA published 

a final rule known as the ‘‘NOX SIP 

Call’’ (63 FR 57356), and later known as 

the ‘‘NOX SIP Call Phase I.’’ The NOX

SIP Call Phase I required 22 states, 

including the Commonwealth of 

Kentucky, to meet NOX emission 

budgets during the ozone season (March 

through September) to reduce the 

amount of ground level ozone that is 

transported across the eastern United 

States. EPA identified NOX emission 

reductions by source category when 

they could be achieved by using costeffective measures. These source 

categories include electric generating 

units (EGUs), non-EGUs, internal 

combustion engines (ICEs) and cement 

kilns. For each affected jurisdiction, 

EPA determined NOX emission budgets 

based on the implementation of cost 

effective controls. The budgets were to 

be met by the year 2007. Phase I of the 

NOX SIP Call gave states the flexibility 

to decide which source categories to 

regulate to meet its statewide budget. 

During Phase I, Kentucky regulated 

EGUs, non-EGUs and cement kilns, but 

chose not to address ICEs. See, 67 FR 

17624, 17625 (April 11, 2002) (Approval 

and Promulgation of Implementation 

Plans: Kentucky: Nitrogen Oxides 

Budget and Allowance Trading 

Program). 

A number of parties, including certain 

states as well as industry and labor 

groups, challenged Phase I of the NOX

SIP Call rule. On March 2, 2000, EPA 

published additional technical 

amendments to the NOX SIP Call in the 

Federal Register (64 FR 26298 and 65 

FR 11222, respectively). On March 3, 

2000, the United States Court of 

Appeals for the District of Columbia 

Circuit Court (D.C. Circuit Court) issued 

its decision on the NOX SIP Call, ruling 

in favor of EPA on all the major issues. 

Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 

2000). However, the D.C. Circuit Court 

remanded four specific elements to EPA 

for further action: The definition of 

EGU; the level of control for stationary 

internal combustion engines; the 

geographic extent of the NOX SIP Call 

for Georgia and Missouri; and the 

inclusion of Wisconsin. On January 31, 

2002, the Kentucky Environmental and 

Public Protection Cabinet (KEPPC) 

submitted final revisions to its SIP that 

complied with the requirements of 

Phase I of the NOX SIP Call. EPA 

approved the revisions on April 11, 

2002, 67 FR 17624, which became 

effective on June 10, 2002. 

On April 21, 2004, EPA published a 

final rule, addressing the remanded 

portion of the NOX SIP Call Rule. This 

rule is entitled, ‘‘Interstate Ozone 

Transport: Response to Court Decisions 

on the NOX SIP Call, NOX SIP Call 

Technical Amendments, and Section 

126 Rules,’’ and is otherwise known as 

the ‘‘NOX SIP Rule Phase II’’ (69 FR 

21604). The action promulgated specific 

changes in response to the Court’s 

ruling on Phase I of the Rule. 

Specifically, it finalized certain aspects 

of the definitions of EGU and non-EGU, 

and the control level assumed for large 

stationary ICEs. For large, natural gas 

fired, stationary ICEs the control level 

was set at 82 percent, because the vast 

majority of large natural gas-fired ICEs 

are lean burn. For diesel and dual fuel 

stationary ICEs the control level was set 

at 90 percent since on average they are 

rich burn, diesel and dual fuel ICEs. The 

April 21, 2004, rule also finalized 

partial state budgets for Georgia, 

Missouri, Alabama, and Michigan, 

changes to statewide NOX budgets, the 

SIP submittal dates for the required 

states to address the Phase II portion of 

the budget, the SIP submittal dates for 

Georgia and Missouri, the compliance 

date for all covered sources, and the 

exclusion of Wisconsin from the NOX

SIP Call (69 FR 21604, April 21, 2004). 

The final rule also required states that 

submitted NOX SIP Call Phase I 

revisions, to submit by April 1, 2005, 

Phase II SIP revisions as needed to 

achieve the necessary incremental 

reductions of NOX. Phase II requires 

emissions reductions that are relatively 

small, representing less than 10 percent 

of the total reductions required by Phase 

I of the NOX SIP Call. 

Phase II of the NOX SIP Call required 

Kentucky to reduce the Phase I NOX

emissions originating in the 

Commonwealth from 165,075 tons 

(Phase I budget) to 162,519 tons (Phase 

II budget) of NOX emissions. (69 FR 

21604, 2162, April 21, 2004). This 

represents a 4,224 ton reduction of NOX

emissions in Kentucky. The budget 

numbers for Phase II for each affected 

state were based on the Phase I emission 

inventory as revised in the ‘‘Technical 

Amendment to the Finding of 

Significant Contribution and 

Rulemaking for Certain States for 

Purposes of Reducing Regional 

Transport of Ozone,’’ which was 

published on March 2, 2000. However, 

EPA approved a revised Phase I Budget 

for Kentucky in a revision to the NOX

SIP Call submitted on April 11, 2002 (67 

FR 17624). Therefore, the final 

Kentucky Phase II Budget in the April 

21, 2004, notice is inaccurate because it 

is based on the previous Phase I Budget. 

On January 23, 2004, EPA wrote a 

letter to KEPPC clarifying that based on 

current rules and regulations, including 

63 FR 57356, 57416 (October 27, 1998), 

and 40 CFR 96.2, EPA was allowing 

each state with one or more carbon 

monoxide (CO) boiler combusting CO 

from fluidized catalytic cracking units 

(FCCUs) to determine whether all of the 

Commonwealth’s FCCU–CO boilers 

were covered by the NOX SIP Call 

trading program. There is currently only 

one facility in Kentucky with FCCU–CO 

boilers (the Ashland Oil facility, located 

in Ashland, Kentucky). Kentucky 

elected to exclude all FCCU–CO boilers 

in the Commonwealth from the NOX

trading program. Today’s action 

removes the requirement from the 

Kentucky SIP that such units comply 

with the NOX SIP Call Phase I by 

exempting them from the non-EGU 

portion of the Kentucky NOX budget. 

However, Kentucky is still able to meet 

the phase II budgets through other 

reductions. For more information 

regarding the specifics of Phase I source 

categories and budgets, see 67 FR 17624 

(April 11, 2002). 

Kentucky is achieving the Phase II 

goal by setting the control level for 

large, stationary ICEs at 82 percent, and 

for diesel and dual fuel stationary ICEs 

at 90 percent. The application of control 

levels to ICEs represents a reduction in 

NOX emissions originating in Kentucky. 

Therefore, the large stationary ICE 

portion of Kentucky’s non-EGU NOX

trading budget is being reduced by 2,491 

tons of NOX emissions. 

On September 12, 2005, the KEPPC 

submitted a draft of its SIP regulation 

revisions, intended to meet the 

requirements of the NOX SIP Call Phase 

II. A public hearing was conducted on 

October 21, 2005. On March 24, 2006, 

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25688 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

1This NOX Budget is not intended for the 

purposes of implementing transportation 

conformity requirements. Refer to the attainment 

demonstration, maintenance plan or reasonable 

further progress plan for the particular 

nonattainment and/or maintenance area(s) for the 

appropriate motor vehicle emissions budget for an 

area for transportation conformity purposes. 

SIP revisions were submitted in their 

final form. The March 24, 2006, 

submittal stopped the federal 

implementation plan clock that started 

under the Clean Air Act (CAA) 

following EPA’s February 8, 2006, 

finding that Kentucky failed to submit 

the required SIP revisions for Phase II of 

the NOX SIP Call by April 1, 2005 (71 

FR 6347, February 8, 2006). 

II. Analysis of State Submittal 

The September 12, 2005, and March 

24, 2006, proposed revisions to the 

Kentucky SIP include changes to 

regulation 401 KAR 51:150, which are 

consistent with EPA requirements for 

Phase II of the NOX SIP Call. In 

addition, the proposed revisions 

included a change to regulation 401 

KAR 51:160, which is consistent with 

EPA requirements for Phase I of the 

NOX SIP Call. The Phase II revisions 

require the Cabinet to set NOX emission 

levels for large stationary ICEs, 

including large utility and industrial 

boilers (i.e., engines emitting more than 

one ton of NOX per average ozone 

season day in 1997), except FCCU–CO 

boilers, at 82 percent. The combination 

of the Kentucky regulations addressing 

NOX emissions from large utility and 

industrial boilers, cement kilns and ICEs 

achieve all the necessary NOX

reductions required to meet NOX Phase 

II requirements for Kentucky. In light of 

these reductions, the projected 2007 

control period NOX emissions for the 

various categories are as follows in tons 

per year: 

• Total EGU NOX Budget—36,504. 

• Total Non-EGU NOX—Budget 

26,259. 

• Total NOX Budget for Stationary 

Area Sources—31,807. 

• Total NOX Budget for Nonroad 

Mobile Sources—15,025. 

• Total NOX Budget for Highway 

Mobile Sources—53,268.1

• Total NOX Budget for Kentucky— 

162,863. 

The revised non-EGU NOX budget 

was 28,750 tons in the January 31, 2002, 

SIP revision and revised to 26,259 tons 

in the September 2005 SIP Revision. 

The large boilers/turbines were reduced 

from 179 to 64 NOX ozone season tons 

due to FCCU–CO boilers being 

exempted from that category. The large 

cement kilns remained the same at 

1,091 NOX ozone season tons. The large 

ICEs went from 3,083 to 577 NOX ozone 

season tons by applying the appropriate 

Phase II reductions. Small and other 

sources increased from 24,397 to 24,527 

tons due to moving Ashland Oil from 

the large boilers/turbines to this portion 

of the non-EGU budget. Additionally, 

there was an error in Kentucky’s 

original inventory for units at the Texas 

Gas-Jeffersontown facility, resulting in 

eight more units than initially included 

in the small/other sources budget. The 

chart below summarizes the budgets: 

SUMMARY OF NON-EGU NOX EMISSIONS BUDGET

Portion of the non-EGU NOX emissions budget 

January 31, 2002 

NOX SIP Call SIP 

revision submittal 

(NOX ozone 

season tons) 

March 24, 2006 

NOX SIP Call SIP 

revision submittal 

(NOX ozone 

season tons) 

Large Boilers/Turbines* ............................................................................................................................... 179 64 

Large Cement Kilns ..................................................................................................................................... 1091 1091 

Large ICEs ................................................................................................................................................... 3083 577 

Small/Other Sources .................................................................................................................................... 24,397 24,527 

Total Non-EGU Emissions ................................................................................................................... 28,750 26,259 

* Non-EGU budget that is part of the NOX SIP Call cap and trade program. 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned changes to the SIP, 

including Kentucky’s NOX SIP Call 

Phase II budget. This SIP revision is 

consistent with section 110 of the CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

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November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Incorporation by reference, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 18, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–12557 Filed 5–28–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2002–0043; FRL–8403–8] 

Pesticide Tolerance Nomenclature 

Changes; Proposed Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This document proposes 

minor revisions to the terminology of 

certain commodity terms listed under 

40 CFR part 180, subpart C. EPA is 

proposing this action to establish a 

uniform listing of commodity terms. 

DATES: Comments, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2002–0043, must be received on or 

before July 28, 2009. 

ADDRESSES: Submit your comments, 

identified by docket ID number EPA– 

HQ–OPP–2002–0043, by one of the 

following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305– 

5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2002– 

0043. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line 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 regulations.gov or email. The Federal regulations.gov 

website 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 regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. 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, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 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 OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South 

Building), 2777 S. Crystal Drive, 

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. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Schaible, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9362; e-mail address: 

schaible.stephen@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 111). 

• Animal production (NAICS 112). 

• Food manufacturer (NAICS 311). 

• Pesticide manufacturer (NAICS 

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. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2006–0043. 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. 

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