Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26861 

removal and treatment of sewage from 

all vessels are reasonably available for 

the Broad and Jackson Creeks, the 

Fishing Bay and Porpoise Cove and 

Moore Creek areas, in and around 

Deltaville Virginia. The Commonwealth 

of Virginia has demonstrated that there 

is adequate and sufficient law 

enforcement capability of these 

regulations. The Commonwealth has 

also submitted data to document that 

local citizens, advocacy groups, and 

marina personnel are concerned about 

the adverse impacts from vessel sanitary 

discharges into the Broad and Jackson 

Creeks and Fishing Bay, and adjacent 

areas. In response to public meetings in 

May and June 2008, professional and 

public comments were all supportive of 

the decision to designate the affected 

areas as a no discharge zone. There were 

sufficient agency and environmental 

groups’ comments to also support these 

measures. 

A final determination on this matter 

will be made following the 30 day 

period for public comment and may 

result in a Virginia State prohibition of 

any sewage discharges from vessels in 

the Broad and Jackson Creeks and 

Fishing Bay areas. Comments and views 

regarding this application and EPA’s 

tentative determination may be filed on 

or before July 6, 2009. Comments or 

requests for information or copies of the 

application should be addressed to 

Robert Runowski, EPA Region III, Office 

of State and Watershed Partnerships, 

1650 Arch Street, Philadelphia, PA 

19103. E-mail: runowski.bob@epa.gov. 

Telephone: (215) 814–5385. Fax: (215) 

814–2301. 

Dated: May 19, 2009. 

William C. Early, 

Acting Regional Administrator. 

[FR Doc. E9–13059 Filed 6–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–ORD–2009–0183; FRL–8913–9] 

Human Studies Review Board; Notice 

of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The U.S. Environmental 

Protection Agency’s (EPA or Agency) 

Office of the Science Advisor (OSA) 

announces a public meeting of the 

Human Studies Review Board (HSRB) to 

advise the Agency on EPA’s scientific 

and ethical reviews of research with 

human subjects. 

DATES: The public meeting will be held 

from June 24, 2009 from approximately 

9:30 a.m. to approximately 5:30 p.m., 

through June 25, 2009 from 

approximately 8:30 a.m. to 

approximately 4:30 p.m. Eastern Time. 

Location: Holiday Inn National 

Airport, 2605 Jefferson Davis Highway 

(Crystal City), Arlington, VA 22202 

(703–684–7200). 

Meeting Access: Seating at the 

meeting will be on a first-come basis. To 

request accommodation of a disability 

please contact the person listed under 

FOR FURTHER INFORMATION CONTACT at 

least 10 business days prior to the 

meeting, to allow EPA as much time as 

possible to process your request. 

Procedures for Providing Public Input: 

Interested members of the public may 

submit relevant written or oral 

comments for the HSRB to consider 

during the advisory process. Additional 

information concerning submission of 

relevant written or oral comments is 

provided in Unit I.D. of this notice. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public who wishes 

further information should contact Jim 

Downing, EPA, Office of the Science 

Advisor, (8105R), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460; 

telephone number: (202) 564–2468; fax: 

(202) 564–2070; e-mail addresses: 

downing.jim@epa.gov. General 

information concerning the EPA HSRB 

can be found on the EPA Web site at 

http://www.epa.gov/osa/hsrb/. 

ADDRESSES: Submit your written 

comments, identified by Docket ID No. 

EPA–HQ–ORD–2009–0183, by one of 

the following methods: 

Internet: http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

E-mail: ord.docket@epa.gov. 

Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

ORD Docket, Mailcode: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

Hand Delivery: The EPA/DC Public 

Reading Room is located in the EPA 

Headquarters Library, Room Number 

3334 in the EPA West Building, located 

at 1301 Constitution Ave., NW., 

Washington, DC. The hours of operation 

are 8:30 a.m. to 4:30 p.m. Eastern Time, 

Monday through Friday, excluding 

Federal holidays. Please call (202) 566– 

1744 or email the ORD Docket at 

ord.docket@epa.gov for instructions. 

Updates to Public Reading Room access 

are available on the Web site (http:// 

www.epa.gov/epahome/dockets.htm). 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2009– 

0183. 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 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 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. 

SUPPLEMENTARY INFORMATION: 

I. Public Meeting 

A. Does This Action Apply to Me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to persons who conduct or 

assess human studies, especially studies 

on substances regulated by EPA or to 

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 Access Electronic Copies 

of This Document and Other Related 

Information? 

In addition to using regulations.gov, 

you may access this Federal Register 

26862 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 

document electronically through the 

EPA Internet under the ‘‘Federal 

Register’’ listings at http:// 

www.epa.gov/fedrgstr/. 

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 

the ORD Docket, EPA/DC, Public 

Reading Room. The EPA/DC Public 

Reading Room is located in the EPA 

Headquarters Library, Room Number 

3334 in the EPA West Building, located 

at 1301 Constitution Ave., NW., 

Washington, DC. The hours of operation 

are 8:30 a.m. to 4:30 p.m. EST, Monday 

through Friday, excluding Federal 

holidays. Please call (202) 566–1744 or 

email the ORD Docket at 

ord.docket@epa.gov for instructions. 

Updates to Public Reading Room access 

are available on the Web site (http:// 

www.epa.gov/epahome/dockets.htm). 

EPA’s position paper(s), charge/ 

questions to the HSRB, and the meeting 

agenda will be available by early June 

2009. In addition, the Agency may 

provide additional background 

documents as the materials become 

available. You may obtain electronic 

copies of these documents, and certain 

other related documents that might be 

available electronically, from the 

regulations.gov website and the EPA 

HSRB website at http://www.epa.gov/ 

osa/hsrb/. For questions on document 

availability or if you do not have access 

to the Internet, consult the person listed 

under FOR FURTHER INFORMATION. 

C. What Should I Consider as I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

a. Explain your views as clearly as 

possible. 

b. Describe any assumptions that you 

used. 

c. Provide copies of any technical 

information and/or data you used that 

support your views. 

d. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

e. To ensure proper receipt by EPA, be 

sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

D. How May I Participate in This 

Meeting? 

You may participate in this meeting 

by following the instructions in this 

section. To ensure proper receipt by 

EPA, it is imperative that you identify 

docket ID number EPA–HQ–ORD–2009– 

0183 in the subject line on the first page 

of your request. 

a. Oral comments. Requests to present 

oral comments will be accepted up to 

June 17, 2009. To the extent that time 

permits, interested persons who have 

not pre-registered may be permitted by 

the Chair of the HSRB to present oral 

comments at the meeting. Each 

individual or group wishing to make 

brief oral comments to the HSRB is 

strongly advised to submit their request 

(preferably via e-mail) to the person 

listed under FOR FURTHER INFORMATION

CONTACT no later than noon, Eastern 

time, June 17, 2009 in order to be 

included on the meeting agenda and to 

provide sufficient time for the HSRB 

Chair and HSRB Designated Federal 

Officer (DFO) to review the agenda to 

provide an appropriate public comment 

period. The request should identify the 

name of the individual making the 

presentation, the organization (if any) 

the individual will represent, and any 

requirements for audiovisual equipment 

(e.g., overhead projector, LCD projector, 

chalkboard). Oral comments before the 

HSRB are limited to five minutes per 

individual or organization. Please note 

that this limit applies to the cumulative 

time used by all individuals appearing 

either as part of, or on behalf of an 

organization. While it is our intent to 

hear a full range of oral comments on 

the science and ethics issues under 

discussion, it is not our intent to permit 

organizations to expand these time 

limitations by having numerous 

individuals sign up separately to speak 

on their behalf. If additional time is 

available, there may be flexibility in 

time for public comments. Each speaker 

should bring 25 copies of his or her 

comments and presentation slides for 

distribution to the HSRB at the meeting. 

b. Written comments. Although you 

may submit written comments at any 

time, for the HSRB to have the best 

opportunity to review and consider your 

comments as it deliberates on its report, 

you should submit your comments at 

least five business days prior to the 

beginning of the meeting. If you submit 

comments after this date, those 

comments will be provided to the Board 

members, but you should recognize that 

the Board members may not have 

adequate time to consider those 

comments prior to making a decision. 

Thus, if you plan to submit written 

comments, the Agency strongly 

encourages you to submit such 

comments no later than noon, Eastern 

Time, June 17, 2009. You should submit 

your comments using the instructions in 

Unit I.C. of this notice. In addition, the 

Agency also requests that person(s) 

submitting comments directly to the 

docket also provide a copy of their 

comments to the person listed under 

FOR FURTHER INFORMATION CONTACT. 

There is no limit on the length of 

written comments for consideration by 

the HSRB. 

E. Background 

A. Topics for Discussion 

The HSRB is a Federal advisory 

committee operating in accordance with 

the Federal Advisory Committee Act 

(FACA) 5 U.S.C. App. 2 section 9. The 

HSRB provides advice, information, and 

recommendations to EPA on issues 

related to scientific and ethical aspects 

of human subjects research. The major 

objectives of the HSRB are to provide 

advice and recommendations on: (1) 

Research proposals and protocols; (2) 

reports of completed research with 

human subjects; and (3) how to 

strengthen EPA’s programs for 

protection of human subjects of 

research. The HSRB reports to the EPA 

Administrator through EPA’s Science 

Advisor. 

The June 24–25, 2009 meeting of the 

Human Studies Review Board will 

address scientific and ethical issues 

surrounding: 

• Four unpublished reports of 

research completed before enactment of 

the 2006 expanded EPA Regulation 40 

CFR part 26 (Protection of Human 

Subjects rule) on the organophosphate 

pesticide chlorpyrifos: 

a. A study by Coulston et al. (1972) of 

the subacute oral toxicity of chlorpyrifos 

to adult male prisoners. 

b. A study by Nolan et al. (1982) of 

the metabolism and excretion of 

chlorpyrifos and cholinesterase activity 

in adult males after a single oral or 

dermal exposure. 

c. A study by Honeycutt and DeGeare 

(1993) monitoring the 

Acetylcholinesterase activity and 

urinary metabolites of chlorpyrifos in 

agricultural workers who re-entered 

chlorpyrifos-treated citrus groves. 

d. A study by Kisicki et al. (1999) of 

the acute oral toxicity of chlorpyrifos to 

adult male and female volunteers. 

• A proposal for new research to be 

conducted by Carroll-Loye Biological 

Research to evaluate the repellent 

efficacy to biting flies in the field of two 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Notices 26863 

registered products containing 20% 

picaridin. 

• The report of a completed 

laboratory study conducted by ICR, Inc., 

to evaluate the repellent efficacy to 

stable flies of two registered products 

containing 20% picaridin. 

• A new scenario design and 

associated protocol for field studies at 

five sites from the Agricultural Handlers 

Exposure Task Force (AHETF), 

describing proposed research to monitor 

exposure of professional pesticide 

handlers who mix and load pesticides 

formulated as wettable powders in 

water-soluble packaging. 

In addition, the Board will be 

reviewing its draft February 17, 2009 

meeting report for subsequent Board 

approval. Finally, the HSRB may also 

discuss planning for future HSRB 

meetings. 

B. Meeting Minutes and Reports 

Minutes of the meeting, summarizing 

the matters discussed and 

recommendations, if any, made by the 

advisory committee regarding such 

matters will be released within 90 

calendar days of the meeting. Such 

minutes will be available at http:// 

www.epa.gov/osa/hsrb/ and http:// 

www.regulations.gov. In addition, 

information concerning a Board meeting 

report, if applicable, can be found at 

http://www.epa.gov/osa/hsrb/ or from 

the person listed under FOR FURTHER

INFORMATION. 

Dated: May 29, 2009. 

Kevin Teichman, 

EPA Acting Science Advisor. 

[FR Doc. E9–13061 Filed 6–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8913–4] 

Proposed Settlement Agreement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed settlement 

agreement; request for public comment. 

SUMMARY: In accordance with section 

113(g) of the Clean Air Act, as amended 

(‘‘Act’’), 42 U.S.C. 7413(g), notice is 

hereby given of a proposed settlement 

agreement to address a lawsuit filed by 

American Petroleum Institute (API) in 

the United States Court of Appeals for 

the District of Columbia Circuit: 

American Petroleum Institute v. EPA, 

No. 06–1321 (D.C. Cir.). API filed a 

petition for review of an EPA rule 

promulgating regulations requiring new 

source performance standards for new 

stationary compression ignition internal 

combustion engines. Under the terms of 

the proposed settlement agreement, EPA 

agrees to propose revisions to the new 

source performance standards and to 

issue guidance specifying particular 

standards applicable under the 

regulations. 

DATES: Written comments on the 

proposed settlement agreement must be 

received by July 6, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID number EPA– 

HQ–OGC–2009–0354, Online at http:// 

www.regulations.gov (EPA’s preferred 

method); by e-mail to 

oei.docket@epa.gov; by mail to EPA 

Docket Center, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; or by 

hand delivery or courier to EPA Docket 

Center, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, between 8:30 a.m. and 4:30 p.m. 

Monday through Friday, excluding legal 

holidays. Comments on a disk or CD– 

ROM should be formatted in Word or 

ASCII file, avoiding the use of special 

characters and any form of encryption, 

and may be mailed to the mailing 

address above. 

FOR FURTHER INFORMATION CONTACT: 

Michael Horowitz, Air and Radiation 

Law Office (2344A), Office of General 

Counsel, U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone: (202) 

564–5583; fax number (202) 564–5603; 

e-mail address: 

horowitz.michael@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Additional Information About the 

Proposed Settlement Agreement 

This proposed settlement agreement 

would potentially resolve a petition for 

judicial review filed by API for review 

of a rule promulgating new source 

performance standards for new 

stationary compression ignition internal 

combustion engines. Under the terms of 

the proposed settlement agreement, EPA 

agrees to propose, no later than one year 

after execution of the settlement 

agreement, revisions to the new source 

performance standards. The proposed 

revisions would allow owners and 

operators more options in operating and 

maintaining their engines, but would 

require more testing for sources using 

the additional options. The proposal 

would also clarify certain provisions of 

the existing regulations and make minor 

modifications unrelated to the 

stringency of the standards. After 

considering any comment reviewed, 

EPA agrees to sign a final rule within 

one year of the publication of the 

proposal. If the relevant provisions of 

the final rule are in substantial 

conformance with the revisions in the 

draft agreement, then API agrees to the 

dismissal of its petition for review. 

Additionally, based on API concerns 

that the regulations are not sufficiently 

clear regarding the not-to-exceed 

standards and multiples applicable to 

engines subject to the regulations, EPA 

agrees to issue guidance specifying the 

not-to-exceed standards and multiples 

applicable to such engines. 

For a period of thirty (30) days 

following the date of publication of this 

notice, the Agency will accept written 

comments relating to the proposed 

settlement agreement from persons who 

were not named as parties or 

intervenors to the litigation in question. 

EPA or the Department of Justice may 

withdraw or withhold consent to the 

proposed settlement agreement if the 

comments disclose facts or 

considerations that indicate that such 

consent is inappropriate, improper, 

inadequate, or inconsistent with the 

requirements of the Act. Unless EPA or 

the Department of Justice determines, 

based on any comment submitted, that 

consent to this settlement agreement 

should be withdrawn, the terms of the 

agreement will be affirmed. 

II. Additional Information About 

Commenting on the Proposed 

Settlement Agreement 

A. How Can I Get a Copy of the 

Settlement Agreement? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2009–0354) contains a 

copy of the proposed settlement 

agreement. The official public docket is 

available for public viewing at the 

Office of Environmental Information 

(OEI) Docket in the EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The EPA Docket Center Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OEI Docket is (202) 566– 

1752. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use the 

http://www.regulations.gov 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. Once in the