6147
Federal
Register
/
Vol.
68,
No.
25
/
Thursday,
February
6,
2003
/
Notices
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7448
 
4]

Proposed
Settlement
Agreement,
Clean
Air
Act
Petition
for
Review
AGENCY:
Environmental
Protection
Agency.
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.
On
December
18,
2001,
the
Sierra
Club
(``
Sierra
Club'')
and
Group
Against
Smog
and
Pollution,
Inc.
(``
GASP'')
filed
a
petition
in
the
United
States
Court
of
Appeals
for
the
Third
Circuit
for
review
of
the
Environmental
Protection
Agency's
(``
EPA'')
final
action
redesignating
the
Pittsburgh­
Beaver
Valley
Ozone
Nonattainment
Area
(
the
``
Pittsburgh
area'')
to
attainment
of
the
one­
hour
National
Ambient
Air
Quality
Standard
(``
NAAQS'')
for
ground­
level
ozone,
and
approving
the
maintenance
plan
for
the
Pittsburgh
area
as
a
revision
to
the
Pennsylvania
State
Implementation
Plan
(
SIP)
pursuant
to
the
Act.
Sierra
Club
v.
EPA,
No.
01
 
4426
(
3rd
Cir.).
On
January
22,
2003,
the
respondents
EPA
and
EPA
Administrator
Christine
T.
Whitman
and
the
petitioners
Sierra
Club
and
GASP
executed
the
proposed
Settlement
Agreement.
The
Settlement
Agreement
provides
for
holding
the
petition
for
review
in
abeyance
while
the
Commonwealth
of
Pennsylvania
has
an
opportunity
to
adopt
and
EPA
has
an
opportunity
to
approve
revisions
to
the
contingency
measures
portion
of
the
Pittsburgh
area
maintenance
plan.
Adoption
and
approval
of
the
revisions
described
in
Attachment
A
to
the
proposed
Settlement
Agreement
will
result
in
a
joint
motion
to
dismiss
the
petition.
The
agreement
further
provides
for
payment
in
settlement
of
claims
for
costs
of
litigation,
including
reasonable
attorney's
fees
and
expenses.
DATES:
Written
comments
on
the
proposed
settlement
agreement
must
be
received
by
March
10,
2003.
ADDRESSES:
Written
comments
should
be
sent
to
Kendra
Sagoff,
Air
and
Radiation
Law
Office
(
2344A),
Office
of
General
Counsel,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20004.
Copies
of
the
proposed
Settlement
Agreement
are
available
from
Phyllis
J.
Cochran,
(
202)
564
 
5566.
FOR
FURTHER
INFORMATION
CONTACT:
Kendra
Sagoff
at
(
202)
564
 
5566.

SUPPLEMENTARY
INFORMATION:
On
October
19,
2001,
EPA
published
a
Federal
Register
notice
redesignating
the
Pittsburgh
area
to
attainment
for
the
one­
hour
ozone
standard,
and
approving
a
revision
to
the
area's
maintenance
plan
as
a
revision
to
the
SIP.
66
FR
53094.
On
December
18,
2001,
Sierra
Club
and
GASP
filed
a
petition
for
review
of
this
action
in
the
United
States
Court
of
Appeals
for
the
Third
Circuit,
contending
that
the
redesignation
did
not
meet
statutorilyrequired
prerequisites
for
redesignation.
Sierra
Club
v.
EPA,
No.
01
 
4426.
The
Commonwealth
of
Pennsylvania
and
the
Southwestern
Pennsylvania
Growth
Alliance
were
granted
leave
to
participate
as
intervenors.
Briefing
was
stayed
pending
settlement
discussions.
The
proposed
Settlement
Agreement,
which
was
executed
on
January
22,
2003,
provides
for
a
stay
of
proceedings
to
allow
the
Commonwealth
of
Pennsylvania
to
submit
to
EPA,
not
later
than
May
1,
2003,
a
revision
to
the
Pennsylvania
contingency
measures
portion
of
the
maintenance
plan
SIP
that
adds
additional
contingency
measures
and
procedures
for
implementing
them.
The
contingency
measures
are
outlined
in
Attachment
A
to
the
proposed
Settlement
Agreement.
The
Agreement
further
allows
EPA
an
opportunity
to
sign
a
final
approval
of
the
revision
no
later
then
February
1,
2004,
to
be
forwarded
within
five
business
days
for
publication
in
the
Federal
Register,
and
to
sign
a
final
approval
of
the
final
rule
in
finally
adopted
form,
that
is
referenced
in
paragraph
1(
b)
of
Attachment
A,
no
later
than
November
1,
2004.
EPA
must
also
provide
status
reports
at
120­
day
intervals.
(
In
an
order
dated
January
2,
2003,
the
Court
unilaterally
changed
the
interval
to
60­
days
from
the
date
of
the
Court's
order
until
the
settlement
agreement
has
been
finalized
and
implemented.)
Petitioners
agree
not
to
challenge
in
any
court
or
administrative
proceeding
the
validity
of
any
EPA
action
fully
approving
these
revisions.
Within
30
days
of
November
1,
2004,
the
parties
will
file
a
joint
stipulation
dismissing
the
petition
in
accordance
with
Rule
42
of
the
Federal
Rules
of
Appellate
Procedure
if
EPA
has
published
the
final
rulemakings
fully
approving
the
revisions
and
the
stay
of
the
litigation
has
not
been
lifted.
Finally,
EPA
agrees
to
pay,
and
the
Petitioners
agree
to
accept,
the
sum
of
$
30,987.00
in
full
settlement
of
all
claims
by
Petitioners
for
their
costs
of
litigation
(
including
reasonable
attorney's
fees
and
expenses).
For
a
period
of
thirty
(
30)
days
following
the
date
of
publication
of
this
notice,
the
Agency
will
receive
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
determine,
following
the
comment
period,
that
consent
is
inappropriate,
the
Settlement
Agreement
will
be
final.

Dated:
January
28,
2003.
Lisa
K.
Friedman,
Associate
General
Counsel.
[
FR
Doc.
03
 
2934
Filed
2
 
5
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2002
 
0018;
FRL
 
7289
 
4]

Pesticide
Product;
Registration
Applications
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Notice.

SUMMARY:
This
notice
announces
receipt
of
applications
to
register
pesticide
products
containing
new
active
ingredients
not
included
in
any
previously
registered
products
pursuant
to
the
provisions
of
section
3(
c)(
4)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA),
as
amended.

DATES:
Written
comments,
identified
by
the
docket
ID
number
OPP
 
2002
 
0018,
must
be
received
on
or
before
March
10,
2003.

ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
of
the
SUPPLEMENTARY
INFORMATION.

FOR
FURTHER
INFORMATION
CONTACT:
The
Regulatory
Action
Leader,
Biopesticides
and
Pollution
Prevention
Division
(
7511C),
listed
in
the
table
in
this
unit:

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/
Vol.
68,
No.
25
/
Thursday,
February
6,
2003
/
Notices
Regulatory
Action
Leader
Office
address/
telephone
no.
E­
mail
address
Leonard
Cole
1921
Jefferson
Davis
Highway,
CM
2;
Arlington,
VA
22202;
703.305.5412
cole.
leonard@
epa.
gov
SUPPLEMENTARY
INFORMATION:

I.
General
Information
You
may
be
potentially
affected
by
this
action
if
you
are
an
agricultural
producer,
food
manufacturer,
or
pesticide.
Potentially
affected
entities
may
include,
but
are
not
limited
to:

Categories
NAICS
codes
Examples
of
potentially
affected
entities
Industry
111
Crop
Production
112
Animal
Production
311
Food
Manufacturing
32532
Pesticide
Manufacturing
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.
To
determine
whether
you
or
your
business
may
be
affected
by
this
action,
you
should
carefully
examine
the
applicability
provisions
in.
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
an
official
public
docket
for
this
action
under
docket
identification
(
ID)
number
OPP
 
2002
 
0018.
The
official
public
docket
consists
of
the
documents
specifically
referenced
in
this
action,
any
public
comments
received,
and
other
information
related
to
this
action.
Although
a
part
of
the
official
docket,
the
public
docket
does
not
include
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
The
official
public
docket
is
the
collection
of
materials
that
is
available
for
public
viewing
at
the
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.
This
docket
facility
is
open
from
8:
30
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
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/.
An
electronic
version
of
the
public
docket
is
available
through
EPA's
electronic
public
docket
and
comment
system,
EPA
Dockets.
You
may
use
EPA
Dockets
at
http://
www.
epa.
gov/
edocket/
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
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.
Certain
types
of
information
will
not
be
placed
in
the
EPA
Dockets.
Information
claimed
as
CBI
and
other
information
whose
disclosure
is
restricted
by
statute,
which
is
not
included
in
the
official
public
docket,
will
not
be
available
for
public
viewing
in
EPA's
electronic
public
docket.
EPA's
policy
is
that
copyrighted
material
will
not
be
placed
in
EPA's
electronic
public
docket
but
will
be
available
only
in
printed,
paper
form
in
the
official
public
docket.
To
the
extent
feasible,
publicly
available
docket
materials
will
be
made
available
in
EPA's
electronic
public
docket.
When
a
document
is
selected
from
the
index
list
in
EPA
Dockets,
the
system
will
identify
whether
the
document
is
available
for
viewing
in
EPA's
electronic
public
docket.
Although
not
all
docket
materials
may
be
available
electronically,
you
may
still
access
any
of
the
publicly
available
docket
materials
through
the
docket
facility
identified
in
Unit
I.
B.
1.
EPA
intends
to
work
towards
providing
electronic
access
to
all
of
the
publicly
available
docket
materials
through
EPA's
electronic
public
docket.
For
public
commenters,
it
is
important
to
note
that
EPA's
policy
is
that
public
comments,
whether
submitted
electronically
or
in
paper,
will
be
made
available
for
public
viewing
in
EPA's
electronic
public
docket
as
EPA
receives
them
and
without
change,
unless
the
comment
contains
copyrighted
material,
CBI,
or
other
information
whose
disclosure
is
restricted
by
statute.
When
EPA
identifies
a
comment
containing
copyrighted
material,
EPA
will
provide
a
reference
to
that
material
in
the
version
of
the
comment
that
is
placed
in
EPA's
electronic
public
docket.
The
entire
printed
comment,
including
the
copyrighted
material,
will
be
available
in
the
public
docket.
Public
comments
submitted
on
computer
disks
that
are
mailed
or
delivered
to
the
docket
will
be
transferred
to
EPA's
electronic
public
docket.
Public
comments
that
are
mailed
or
delivered
to
the
Docket
will
be
scanned
and
placed
in
EPA's
electronic
public
docket.
Where
practical,
physical
objects
will
be
photographed,
and
the
photograph
will
be
placed
in
EPA's
electronic
public
docket
along
with
a
brief
description
written
by
the
docket
staff.

C.
How
and
To
Whom
Do
I
Submit
Comments?
You
may
submit
comments
electronically,
by
mail,
or
through
hand
delivery/
courier.
To
ensure
proper
receipt
by
EPA,
identify
the
appropriate
docket
ID
number
in
the
subject
line
on
the
first
page
of
your
comment.
Please
ensure
that
your
comments
are
submitted
within
the
specified
comment
period.
Comments
received
after
the
close
of
the
comment
period
will
be
marked
``
late.''
EPA
is
not
required
to
consider
these
late
comments.
If
you
wish
to
submit
CBI
or
information
that
is
otherwise
protected
by
statute,
please
follow
the
instructions
in
Unit
I.
D.
Do
not
use
EPA
Dockets
or
e­
mail
to
submit
CBI
or
information
protected
by
statute.
1.
Electronically.
If
you
submit
an
electronic
comment
as
prescribed
in
this
unit,
EPA
recommends
that
you
include
your
name,
mailing
address,
and
an
email
address
or
other
contact
information
in
the
body
of
your
comment.
Also
include
this
contact
information
on
the
outside
of
any
disk
or
CD
ROM
you
submit,
and
in
any
cover
letter
accompanying
the
disk
or
CD
ROM.
This
ensures
that
you
can
be
identified
as
the
submitter
of
the
comment
and
allows
EPA
to
contact
you
in
case
EPA
cannot
read
your
comment
due
to
technical
difficulties
or
needs
further
information
on
the
substance
of
your
comment.
EPA's
policy
is
that
EPA
will
not
edit
your
comment,
and
any
identifying
or
contact
information
provided
in
the
body
of
a
comment
will
be
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
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/
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68,
No.
25
/
Thursday,
February
6,
2003
/
Notices
public
docket.
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.
i.
EPA
Dockets.
Your
use
of
EPA's
electronic
public
docket
to
submit
comments
to
EPA
electronically
is
EPA's
preferred
method
for
receiving
comments.
Go
directly
to
EPA
Dockets
at
http://
www.
epa.
gov/
edocket,
and
follow
the
online
instructions
for
submitting
comments.
Once
in
the
system,
select
``
search,''
and
then
key
in
docket
ID
number
OPP
 
2002
 
0018
The
system
is
an
``
anonymous
access''
system,
which
means
EPA
will
not
know
your
identity,
e­
mail
address,
or
other
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
ii.
E­
mail.
Comments
may
be
sent
by
e­
mail
to
opp­
docket@
epa.
gov,
Attention:
Docket
ID
Number
OPP
 
2002
 
0018.
In
contrast
to
EPA's
electronic
public
docket,
EPA's
e­
mail
system
is
not
an
``
anonymous
access''
system.
If
you
send
an
e­
mail
comment
directly
to
the
docket
without
going
through
EPA's
electronic
public
docket,
EPA's
e­
mail
system
automatically
captures
your
e­
mail
address.
E­
mail
addresses
that
are
automatically
captured
by
EPA's
e­
mail
system
are
included
as
part
of
the
comment
that
is
placed
in
the
official
public
docket,
and
made
available
in
EPA's
electronic
public
docket.
iii.
Disk
or
CD
ROM.
You
may
submit
comments
on
a
disk
or
CD
ROM
that
you
mail
to
the
mailing
address
identified
in
Unit
I.
C.
2.
These
electronic
submissions
will
be
accepted
in
WordPerfect
or
ASCII
file
format.
Avoid
the
use
of
special
characters
and
any
form
of
encryption.
2.
By
mail.
Send
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency
(
7502C),
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC,
20460
 
0001,
Attention:
Docket
ID
Number
OPP
 
2002
 
0018.
3.
By
hand
delivery
or
courier.
Deliver
your
comments
to:
Public
Information
and
Records
Integrity
Branch
(
PIRIB),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
Rm.
119,
Crystal
Mall
#
2,
1921
Jefferson
Davis
Hwy.,
Arlington,
VA.,
Attention:
Docket
ID
Number
OPP
 
2002
 
0018.
Such
deliveries
are
only
accepted
during
the
docket's
normal
hours
of
operation
as
identified
in
Unit
I.
B.
1.
D.
How
Should
I
Submit
CBI
To
the
Agency?

Do
not
submit
information
that
you
consider
to
be
CBI
electronically
through
EPA's
electronic
public
docket
or
by
e­
mail.
You
may
claim
information
that
you
submit
to
EPA
as
CBI
by
marking
any
part
or
all
of
that
information
as
CBI
(
if
you
submit
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
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
docket
and
EPA's
electronic
public
docket.
If
you
submit
the
copy
that
does
not
contain
CBI
on
disk
or
CD
ROM,
mark
the
outside
of
the
disk
or
CD
ROM
clearly
that
it
does
not
contain
CBI.
Information
not
marked
as
CBI
will
be
included
in
the
public
docket
and
EPA's
electronic
public
docket
without
prior
notice.
If
you
have
any
questions
about
CBI
or
the
procedures
for
claiming
CBI,
please
consult
the
person
listed
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
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.

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
provision
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
File
Symbol:
68467
 
G.
Applicant:
Dow
AgroSciences,
9330
Zionsville
Road,
Indianapolis,
IN
46268
 
1054.
Product
Name:
Bacillus
Thuringiensis
Cry
1F(
Synpro)/
Cry
1Ac(
synpro
constuct
281/
3006
Insectical
Crystal
Protein
As
Expressed
in
Cotton.
Proposed
Classification/
Use:
Plant­
Incorporated
Protectant.

List
of
Subjects
Environmental
protection,
Pesticides
and
pest.

Dated:
January
26,
2003.
Janet
L.
Andersen,
Director,
Biopesticides
and
Pollution
Prevention
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
03
 
2935
Filed
2
 
5
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
FRL
 
7449
 
3]

Emergency
Planning
and
Notification;
Hazardous
Chemical
Reporting:
Community
Right­
to­
Know;
Request
for
Comment
on
Change
of
Contractor
Handling
Trade
Secret
Claims
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
This
notice
announces
a
change
in
location
and
contractor
designated
to
manage
the
trade
secret
claims
submitted
for
reports
under
Emergency
Planning
and
Notification
and
Hazardous
Chemical
Reporting
for
Community
Right­
to­
Know
pursuant
to
40
CFR
part
350.
In
compliance
with
40
CFR
part
350
(``
Trade
Secrecy
Claims
for
Emergency
Planning
and
Community
Right­
to­
Know
Information'')
facilities
providing
emergency
planning
notification
and
relevant
information
to
the
State
Emergency
Response
Commission
and
Local
Emergency
Planning
Committee
under
section
303(
d)(
2)
and
(
d)(
3)
of
EPCRA;
facilities
submitting
Material
Safety
Data
Sheets
or
lists
of
those
chemicals
submitted
in
place
of
the
MSDSs
under
section
311
of
EPCRA;
facilities
submitting
Emergency
and
Hazardous
Chemical
Inventory
Forms
under
section
312
of
EPCRA
may
be
eligible
to
claim
Trade
VerDate
Jan<
31>
2003
18:
51
Feb
05,
2003
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