Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices 65955

Monday through Friday, excluding legal

holidays. The PIRIB telephone number

is (703) 305–5805.

C. How and to Whom Do I Submit

Comments?

You may submit comments through

the mail, in person, or electronically. To

ensure proper receipt by EPA, it is

imperative that you identify docket

control number OPP–30517 in the

subject line on the first page of your

response.

1. By mail. Submit your comments to:

Public Information and Records

Integrity Branch (PIRIB), Information

Resources and Services Division

(7502C), Office of Pesticide Programs

(OPP), Environmental Protection

Agency, 1200 Pennsylvania Ave., NW.,

Washington, DC 20460.

2. In person or by courier. Deliver

your comments to: Public Information

and Records Integrity Branch (PIRIB),

Information Resources and Services

Division (7502C), Office of Pesticide

Programs (OPP), Environmental

Protection Agency, Rm. 119, Crystal

Mall #2, 1921 Jefferson Davis Highway,

Arlington, VA. The PIRIB is open from

8:30 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays. The

PIRIB telephone number is (703) 305–

5805.

3. Electronically. You may submit

your comments electronically by e-mail

to: opp-docket@epa.gov, or you can

submit a computer disk as described

above. Do not submit any information

electronically that you consider to be

CBI. Avoid the use of special characters

and any form of encryption. Electronic

submissions will be accepted in

WordPerfect 6.1/8.0 or ASCII file

format. All comments in electronic form

must be identified by docket control

number OPP–30517. Electronic

comments may also be filed online at

many Federal Depository Libraries.

D. How Should I Handle CBI that I Want

to Submit to the Agency?

Do not submit any information

electronically that you consider to be

CBI. You may claim information that

you submit to EPA in response to this

document as CBI by marking any part or

all of that information as 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

version of the official record.

Information not marked confidential

will be included in the public version

of the official record 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 your

comments:

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 used that

support your views.

4. If you estimate potential burden or

costs, explain how you arrived at the

estimate that you provide.

5. Provide specific examples to

illustrate your concerns.

6. Offer alternative ways to improve

the registration activity.

7. Make sure to submit your

comments by the deadline in this

notice.

8. To ensure proper receipt by EPA,

be sure to identify the docket control

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.

II. Registration Applications

EPA received applications as follows

to register pesticide products containing

active ingredients not included in any

previously registered products pursuant

to the provisions of section 3(c)(4) of

FIFRA. Notice of receipt of these

applications does not imply a decision

by the Agency on the applications.

Products Containing Active Ingredients

Not Included in any Previously

Registered Products

1. File symbol: 50534-ERU, later

changed to 71512-A. Product name:

Technical Fosthiazate.

2. File symbol: 50534-ERL, later

changed to 71512-U. Product name:

Fosthiazate 900EC.

3. File symbol: 50534-ERT, later

changed to 71512-L. Product name:

Fosthiazate 900EC.

Applicant: File symbols 50534-ERU,

50534-ERL, and 50534-ERT, were

originally assigned to GB Biosciences

Corporation, under company number

50534. GB Biosciences later transferred

to ISK Biosciences, 7470 Auburn Rd.,

Suite A, Concord, OH 44077, under

company number 71512. Active

ingredient: The active ingredient for the

above-mentioned products is

fosthiazate. Proposed use: The proposed

use for the above-mentioned products is

formulation into insecticide.

List of Subjects

Environmental protection, Pesticides

and pest.

Dated: December 4, 2001

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

[FR Doc. 01–31495 Filed 12–20–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–7121–3 ; CWA–HQ–2001–6002;

EPCRA–HQ–2001–6002; CAA–HQ–2001–

6002]

Clean Water Act Class II: Proposed

Administrative Settlement, Penalty

Assessment and Opportunity To

Comment Regarding Comcast

Corporation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has entered into a

consent agreement with Comcast

Corporation (‘‘Comcast’’) to resolve

violations of the Clean Water Act

(‘‘CWA’’), Clean Air Act (‘‘CAA’’), and

Emergency Planning and Community

Right-to-Know Act (‘‘EPCRA’’) and their

implementing regulations.

The Administrator, as required by

CWA section 311(b)(6)(C), 33 U.S.C.

1321(b)(6)(C), is hereby providing

public notice of, and an opportunity for

interested persons to comment on, this

consent agreement and proposed final

order. EPA is also providing public

notice of, and opportunity for interested

parties to comment on, the CAA and

EPCRA portions of this consent

agreement.

Comcast failed to prepare Spill

Prevention Control and Countermeasure

(‘‘SPCC’’) plans for fifteen facilities

where they stored diesel oil in above

ground tanks. EPA, as authorized by

CWA section 311(b)(6), 33 U.S.C.

1321(b)(6), has assessed a civil penalty

for these violations. Comcast failed to

obtain the appropriate operating permits

or exemptions at fifty facilities in

violation of CAA section 110, 42 U.S.C.

7410, and various state implementation

plan (‘‘SIP’’) requirements for

emergency generators. EPA, as

authorized by CAA section 113(d)(1), 42

U.S.C. 7413(d)(1), has assessed a civil

penalty for these violations.

65956 Federal Register / Vol. 66, No. 246 / Friday, December 21, 2001 / Notices

Comcast failed to file an emergency

planning notification with the State

Emergency Response Commission

(‘‘SERC’’) and to provide the name of an

emergency contact to the Local

Emergency Planning Committee

(‘‘LEPC’’). Comcast failed to submit

Material Safety Data Sheets (‘‘MSDS’’)

or a list of chemicals to the LEPC, the

SERC, and the fire department with

jurisdiction over each facility for one

hundred and six facilities in violation of

EPCRA section 311, 42 U.S.C. 11021. At

eighty-three facilities, Comcast failed to

submit an Emergency and Hazardous

Chemical Inventory form to the LEPC,

the SERC, and the fire department with

jurisdiction over each facility in

violation of EPCRA section 312, 42

U.S.C. 11022. EPA, as authorized by

EPCRA section 325, 42 U.S.C. 11045,

has assessed a civil penalty for these

violations.

DATES: Comments are due on or before

January 22, 2002.

ADDRESSES: Mail written comments to

the Enforcement & Compliance Docket

and Information Center (2201A), Docket

Number EC–2001–005, Office of

Enforcement and Compliance

Assurance, U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue, NW., Mail Code 2201A,

Washington, DC 20460. (Comments may

be submitted on disk in WordPerfect 8.0

or earlier versions.) Written comments

may be delivered in person to:

Enforcement and Compliance Docket

Information Center, U.S. Environmental

Protection Agency, Rm. 4033, Ariel Rios

Bldg., 1200 Pennsylvania Avenue, NW.,

Washington, DC. Submit comments

electronically to docket.oeca@epa.gov.

Electronic comments may be filed

online at many Federal Depository

Libraries.

The consent agreement, the proposed

final order, and public comments, if

any, may be reviewed at the

Enforcement and Compliance Docket

Information Center, U.S. Environmental

Protection Agency, Rm. 4033, Ariel Rios

Bldg., 1200 Pennsylvania Avenue, NW.,

Washington, DC. Persons interested in

reviewing these materials must make

arrangements in advance by calling the

docket clerk at 202–564–2614. A

reasonable fee may be charged by EPA

for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Beth

Cavalier, Multimedia Enforcement

Division (2248–A), U.S. Environmental

Protection Agency, 1200 Pennsylvania

Avenue, NW., Washington, DC 20460;

telephone (202) 564–3271; fax: (202)

564–9001; e-mail:

cavalier.beth@epa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Copies: Electronic copies of

this document are available from the

EPA Home Page under the link ‘‘Laws

and Regulations’’ at the Federal

Register—Environmental Documents

entry (http://www.epa.gov/fedrgstr).

I. Background

Comcast Corporation, a

telecommunications company

incorporated in the Commonwealth of

Pennsylvania and located at 1201

Market Street, Suite 2201, Wilmington,

Delaware 19801, disclosed, pursuant to

the EPA ‘‘Incentives for Self-Policing:

Discovery, Disclosures, Correction and

Prevention of Violations’ (‘‘Audit

Policy’’), 65 FR 19618 (April 11, 2000),

that they failed to prepare SPCC plans

for fifteen facilities where they stored

diesel oil in above ground storage tanks,

in violation of the CWA section

311(b)(3) and 40 CFR Part 112. Comcast

disclosed that for fifty facilities they had

failed to obtain operating permits or

exemptions in violation of CAA section

110, 42 U.S.C. 7410, and various SIP

requirements for emergency generators.

Comcast disclosed that at seventy

facilities they had failed to file

emergency planning notifications with

the SERC and failed to provide the name

of an emergency contact to the LEPC, in

violation of EPCRA sections 302–303,

42 U.S.C. 7413(a)(1). Comcast further

disclosed that at one hundred and six

facilities they had failed to submit

MSDS’’ or a list of chemicals to the

LEPC, SERC, and the fire departments

with jurisdiction over the facilities, in

violation of EPCRA section 311, 42

U.S.C. 11021; and that at eighty-three

facilities had failed to submit an

Emergency and Hazardous Chemical

Inventory for to the LEPC, SERC, and

fire departments with jurisdiction over

the facilities, in violation of EPCRA

section 312, 42 U.S.C. 11022.

EPA determined that Comcast met the

criteria set out in the Audit Policy for

a 100% waiver of the gravity component

of the penalty. As a result, EPA waived

the gravity based penalty ($1,215,724)

and proposed a settlement penalty

amount of sixty-four thousand, six

hundred and three dollars ($64,603).

This is the amount of the economic

benefit gained by Comcast, attributable

to their delayed compliance with the

SPCC, CAA and EPCRA regulations.

Comcast Corporation has agreed to pay

this amount. EPA and Comcast

negotiated and signed an administrative

consent agreement, following the

Consolidated Rules of Practice, 40 CFR

22.13(b), on December 7, 2001 (In

Re:Comcast Corporation Docket Nos.

CWA–HQ–2001–6002, EPCRA–HQ–

2001–6002, CAA–HQ–2001–6002). This

consent agreement is subject to public

notice and comment under CWA section

311(b)(6), 33 U.S.C. section 1321(b)(6).

EPA is expanding this opportunity for

public comment to all other aspects of

this consent agreement.

Under CWA section 311(b)(6)(A), 33

U.S.C. 1321 (b)(6)(A), any owner,

operator, or person in charge of a vessel,

onshore facility, or offshore facility from

which oil is discharged in violation of

the CWA section 311 (b)(3), 33 U.S.C.

1321 (b)(3), or who fails or refuses to

comply with any regulations that have

been issued under CWA section 311 (j),

33 U.S.C. 1321(j), may be assessed an

administrative civil penalty of up to

$137,500 by EPA. Class II proceedings

under CWA section 311(b)(6) are

conducted in accordance with 40 CFR

part 22.

Under CAA section 113(d), the

Administrator may issue an

administrative order assessing a civil

penalty against any person who has

violated an applicable implementation

plan or any other requirement of the

Act, including any rule, order, waiver,

permit or plan. Proceedings under CAA

section 113(d) are conducted in

accordance with 40 CFR part 22.

Under EPCRA section 325, the

Administrator may issue an

administrative order assessing a civil

penalty against any person who has

violated applicable emergency planning

or right to know requirements, or any

other requirement of the Act.

Proceedings under EPCRA section 325

are conducted in accordance with 40

CFR part 22.

The procedures by which the public

may comment on a proposed Class II

penalty order, or participate in a Clean

Water Act Class II penalty proceeding,

are set forth in 40 CFR 22.45. The

deadline for submitting public comment

on this proposed final order is January

22, 2002. All comments will be

transferred to the Environmental

Appeals Board (‘‘EAB’’) of EPA for

consideration. The powers and duties of

the EAB are outlined in 40 CFR 22.4(a).

Pursuant to CWA section 311(b)(6)(C),

EPA will not issue an order in this

proceeding prior to the close of the

public comment period.

List of Subjects

Environmental protection.

Dated: December 12, 2001.

David A. Nielsen,

Director, Multimedia Enforcement Division,

Office of Enforcement and Compliance

Assurance.

[FR Doc. 01–31491 Filed 12–20–01; 8:45 am]

BILLING CODE 6560–50–P