5344
Federal
Register
/
Vol.
69,
No.
23
/
Wednesday,
February
4,
2004
/
Notices
TABLE
1.
 
SUMMARY
OF
SELECTION
CRITERIA
FOR
CARBAMATE
CAG
GROUPING
 
Continued
Registration
PDP
Data
N­
methyl?
Food
Use
Registrationa
Non­
Food
Use
Registration
(
e.
g.,
Residential
Uses)?
Any
PDP
Data
Available
Any
PDP
Detects?
Phase
Out
or
Cancellation?

Molinate
X
X
Pebulate
X
Vernolate
X
Diallate
X
Triallate
X
X
Thiobencarb
X
X
Mancozeb
X
X
Maneb
X
X
Metiram
X
X
Zineb
X
Metam
Na,
K
X
X
Thiram
X
X
Ferbam
X
X
Ziram
X
X
a
This
includes
Food
Handling
Establishment
use
for
carbaryl
and
propoxur
b
2­
2(
ethoxyethoxy)
ethyl
2­
bensimidazole
carbamate
c
3­
iodo­
2­
propynyl
butlcarbamate
(
aka
Trotsan
polyphase)
dThiodicarb
is
a
dimer
of
methomyl
and
is
analyzed
as
methomyl
by
the
PDP
program
Note:
The
following
carbamate
pesticides
were
excluded
from
the
above
table
since
they
are
not
N­
methyl
carbamates,
they
do
not
possess
current
U.
S.
registrations
for
food
or
non­
food
uses,
there
exist
no
detections
in
the
USDA
PDP
program,
and
there
is
no
indication
that
these
have
been
actively
phased
out
or
cancelled:
Alanycarb,
allyxycarb,
benfuracarb,
butacarb,
butocarboxim,
butoxycarboxim,
carbanolate,
carboxazole,
chlorprocarb,
decarbofuran,
dichlormate,
dicresyl,
dimetan,
dioxacarb,
EMPC,
fenasulam,
fenethacarb
fenobucarb
furathiocarb,
hyquincarb,
nitrilacarb,
promacyl
tazimcarb,
terbucarb
thiocarboxime,
thiofanox,
XMC,
xylycarb,
and
NaDMDTC.

D.
References
1.
International
Life
Sciences
Institute
(
ILSI).
1999
Common
Mechanism
of
Toxicity:
Evaluation
of
Carbamate
Pesticides,
International
Life
Science
Institute
Report,
Washington
DC.
2.
Mileson,
B.,
JE
Chambers,
WL
Chen,
W
Dettbarn,
M
Ehrich,
AT
Eldefrawi,
DW
Gaylor,
K
Hammernik,
E
Hodgson,
AG
Karczmar,
S
Padilla,
CN
Pope,
RJ
Richardson,
DR
Saunders,
LP
Sheets,
LG
Sultatos
and
KB
Wallace.
Common
Mechanism
of
Toxicity:
a
case
study
of
organophosphorus
pesticides.
Toxicological
Sciences
41,
pp.
8
 
20.
3.
USEPA,
1999a.
A
Science
Policy
on
a
Common
Mechanism
of
Toxicity:
The
Carbamate
Pesticides
And
the
Grouping
of
Carbamate
with
the
Organophosphorus
Pesticides;
draft
document.
August
30,
1999.
http://
www.
epa.
gov/
scipoly/
sap/
1999/
september/
carbam.
pdf.
4.
USEPA,
1999b.
SAP
Report
No.
99­
05.
November
18,
1999.
http://
www.
epa.
gov/
scipoly/
sap/
1999/
september/
finalrpt.
pdf.
5.
USEPA,
2001a.
Memorandum
from
Marcia
Mulkey
to
Lois
Rossi.
Implementation
of
the
Determinations
of
a
Common
Mechanism
of
Toxicity
for
N­
Methyl
Carbamate
Pesticides
and
for
Certain
Chloroacetanilide
Pesticides.
July
12,
2001.
http://
www.
epa.
gov/
oppfead1/
cb/
csb_
page/
updates/
carbamate.
pdf.
6.
USEPA,
2001b.
Memorandum
from
Paul
Lewis
to
Marcia
Mulkey.
SAP
Report
2001
 
11.
November
1,
2001.
http://
www.
epa.
gov/
scipoly/
sap/
2001/
september7/
september2001finalsapreport.
pdf.
7.
USEPA,
2002a.
Organophosphate
Pesticides;
Availability
of
the
Revised
Organophosphate
Cumulative
Risk
Assessment.
(
67
FR
41993;
June
20,
2002)
8.
USEPA,
2002b.
Guidance
on
Cumulative
Risk
Assessment
of
Pesticide
Chemicals
That
Have
a
Common
Mechanism
of
Toxicity.
January
14,
2002.
(
67
FR
2210;
January
16,
2002)
http://
www.
epa.
gov/
pesticides/
trac/
science/
cumulative_
guidance.
pdf.

List
of
Subjects
Environmental
protection.

Dated:
January
20,
2004.
James
Jones,
Director,
Office
of
Pesticides
Program.
[
FR
Doc.
04
 
2157
Filed
2
 
3
 
04;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2004
 
0008;
FRL
 
7341
 
9]

Experimental
Use
Permit;
Receipt
of
Application
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Notice.

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/
Vol.
69,
No.
23
/
Wednesday,
February
4,
2004
/
Notices
SUMMARY:
This
notice
announces
receipt
of
an
application
68467
 
EUP
 
6
from
Dow
AgroSciences
requesting
an
experimental
use
permit
(
EUP)
amendment/
extension
for
the
Bacillus
thuringiensis
variant
Aizawai
strain
PS811
CryIF;
Bacillus
thuringiensis
variant
Kurstaki
strain
HD73
Cry1Ac
insecticidal
proteins
in
cotton.
The
Agency
has
determined
that
the
application
may
be
of
regional
and
national
significance.
Therefore,
in
accordance
with
40
CFR
172.11(
a),
the
Agency
is
soliciting
comments
on
this
application.
DATES:
Comments,
identified
by
docket
ID
number
OPP
 
2004
 
0008,
must
be
received
on
or
before
March
5,
2004.
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:
Leonard
Cole,
Biopesticides
and
Pollution
Prevention
Division
(
7511C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001;
telephone
number:
(
703)
305
 
5412;
e­
mail
address:
cole.
leonard@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?
This
action
is
directed
to
the
public
in
general.
This
action
may,
however,
be
of
interest
to
those
persons
involved
in
industry,
crop
production,
animal
production,
food
manufacturing,
and
pesticide
manufacturing.
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
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
 
2004
 
0008.
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
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.

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23
/
Wednesday,
February
4,
2004
/
Notices
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
 
2004
 
0008.
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
 
2004
 
0008.
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)
(
7502C),
Office
of
Pesticide
Programs
(
OPP),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460
 
0001,
Attention:
Docket
ID
Number
OPP
 
2004
 
0008.
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
 
2004
 
0008.
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
notice.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
document.
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.
Background
Dow
AgroSciences
has
applied
to
amend/
extend
EUP
68467
 
EUP
 
6
for
Bacillus
thuringiensis
variant
Aizawai
strain
PS811
CryIF;
Bacillus
thuringiensis
variant
Kurstaki
strain
HD73
Cry1Ac
insecticidal
proteins
in
cotton
to
allow
the
planting
of
4,951
acres
of
cotton.
The
Dow
AgroSciences
program
is
authorized
in
the
States
of
Alabama,
Arizona,
Arkansas,
California,
Florida,
Georgia,
Louisiana,
Mississippi,
Missouri,
New
Mexico,
North
Carolina,
South
Carolina,
Tennessee,
Texas,
and
Virginia.
The
original
notice
of
approval
for
this
EUP
was
published
in
the
Federal
Register
on
November
19,
2003
(
68
FR
65285)
(
FRL
 
7329
 
5).

III.
What
Action
is
the
Agency
Taking?
Following
the
review
of
the
Dow
AgroSciences
application
and
any
comments
and
data
received
in
response
to
this
notice,
EPA
will
decide
whether
to
issue
or
deny
the
EUP
request
for
this
EUP
program,
and
if
issued,
the
conditions
under
which
it
is
to
be
conducted.
Any
issuance
of
an
EUP
will
be
announced
in
the
Federal
Register.

IV.
What
is
the
Agency's
Authority
for
Taking
this
Action?
The
specific
legal
authority
for
EPA
to
take
this
action
is
under
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
section
5.

List
of
Subjects
Environmental
protection,
Experimental
use
permits.

Dated:
January
22,
2004.
Janet
L.
Andersen,
Director,
Biopesticides
and
Pollution
Prevention
Division,
Office
of
Pesticide
Programs.
[
FR
Doc.
04
 
2158
Filed
2
 
3
 
04;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
Docket
ID
Number
OECA
 
2004
 
0002;
FRL
 
;
CWA
 
HQ
 
2003
 
6000;
CAA
 
HQ
 
2003
 
6000;
EPCRA
 
HQ
 
2003
 
6000;
FRL
 
7618
 
4]

Clean
Water
Act
Class
II:
Proposed
Administrative
Settlement,
Penalty
Assessment
and
Opportunity
To
Comment
Regarding
Nash
Finch
Company
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
EPA
has
entered
into
a
consent
agreement
with
Nash
Finch
Company
(``
Nash
Finch''
or
``
Respondent'')
to
resolve
violations
of
the
Clean
Water
Act
(``
CWA''),
the
Clean
Air
Act
(``
CAA''),
and
the
Emergency
Planning
and
Community
Right­
to­
Know
Act
(``
EPCRA'')
and
their
implementing
regulations.
The
Administrator
is
hereby
providing
public
notice
of
this
consent
agreement
and
proposed
final
order,
and
providing
an
opportunity
for
interested
persons
to
comment
on
the
CWA
portions
of
this
consent
agreement,
in
accordance
with
CWA
section
311(
b)(
6)(
C),
33
U.
S.
C.
1321(
b)(
6)(
C).

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