

[Federal Register: September 1, 2006 (Volume 71, Number 170)]
[Notices]               
[Page 52073-52075]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01se06-38]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0702; FRL-8090-9]

 
Request for Public Comment on Proposed Stipulated Injunction 
Involving Pesticides and the California Red-legged Frog

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for public comment.

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SUMMARY:  EPA is making available for comment a proposed Stipulated 
Injunction that would affect aspects of the registrations of certain 
pesticides and establish a series of deadlines for the Agency to make 
``effects determinations'' and initiate consultation, as appropriate, 
with the U.S. Fish and Wildlife Service for these pesticides in regard 
to the California red-legged frog, a species listed as threatened under 
the Endangered Species Act. EPA will evaluate all comments received 
during the public comment period to determine whether all or part of 
the proposed Stipulated Injunction warrants reconsideration. This 
proposed Stipulated Injunction, if entered by the Court, would resolve 
a lawsuit brought against EPA by the Center for Biological Diversity, 
on terms also acceptable to intervenors CropLife America, American 
Forest & Paper Association, Western Plant Health Association, 
Oregonians for Food and Shelter, and Syngenta Crop Protection, Inc.

DATES: Comments must be received on or before September 18, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0702, 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 Drive, 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-
2006-0702. 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 e-
mail. The Federal 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 
regulations.gov, your e-mail 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 orCD 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. 
Although

[[Page 52074]]

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 are from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The Docket telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT:  Arty Williams, Environmental Fate and 
Effects Division (7507P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-7695; fax number: (703) 305-6309; e-
mail address: williams.arty@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
particular interest to the Center for Biological Diversity, CropLife 
America, American Forest & Paper Association, Western Plant Health 
Association, Oregonians for Food and Shelter, and Syngenta Crop 
Protection, Inc., other public interest groups, state regulatory 
partners, other interested Federal agencies, other pesticide 
registrants and pesticide users. 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action is the Agency Taking?

    EPA is making available in the docket (http://www.regulations.gov) and on 

EPA's Web site (http://www.epa.gov/espp/) a proposed Stipulated Injunction for 

comment. The proposed Stipulated Injunction would affect aspects of the 
registrations of certain pesticides and establish a series of deadlines 
for the Agency to make ``effects determinations'' and initiate 
consultation, as appropriate, with the U.S. Fish and Wildlife Service 
(FWS) for 66 pesticides relative to potential effects to the California 
red-legged frog, a species listed as threatened under the Endangered 
Species Act (ESA). EPA will evaluate all comments received during the 
public comment period to determine whether all or part of the proposed 
Stipulated Injunction warrants reconsideration. This proposed 
Stipulated Injunction, if entered by the United States District Court 
for the Northern District of California, would resolve a lawsuit 
brought against EPA by the Center for Biological Diversity (CBD or 
plaintiff) on terms also acceptable to CropLife America, American 
Forest & Paper Association, Western Plant Health Association, 
Oregonians for Food and Shelter, and Syngenta Crop Protection, Inc. 
(intervenors).

III. Background

    On April 2, 2002, plaintiff filed a lawsuit in the Federal District 
Court for the Northern District of California alleging that EPA failed 
to comply with 16 U.S.C. 1531-1544 regarding the California red-legged 
frog (Center for Biological Diversity v. Stephen L. Johnson, et al., 
Civil No. CO2-1580-JSW (N.D. Cal.)). On September 19, 2005, the court 
ruled that EPA was required, pursuant to section 7(a)(2) of the ESA, to 
make ``effects determinations'' for 66 pesticide active ingredients and 
initiate consultation with the FWS as appropriate. EPA has reached an 
agreement with the plaintiff and intervenors that would establish a 
schedule for EPA to make such determinations and initiate consultation 
as appropriate, and would include interim injunctive measures intended 
to reduce the potential exposure of the California red-legged frog to 
these pesticides, while EPA satisfies its section 7(a)(2) consultation 
obligations. The agreement is embodied in a proposed Stipulated 
Injunction.
    The 66 pesticide active ingredients named in the lawsuit are: 
Acephate; alachlor; aldicarb; atrazine; azinphos-methyl; bensulide; 
bromacil; captan; carbaryl; chloropicrin; chlorothalonil; chlorpyrifos; 
chlorthal-dimethyl (DCPA); 2,4-D; diazinon; 1,3-dichlorpropene; 
dicofol; diflubenzuron; dimethoate; disulfoton; diuron; endosulfan; 
EPTC; esfenvalerate; fenamiphos; glyphosate; hexazinone; imazapyr; 
iprodione; linuron; malathion; mancozeb; maneb; metam sodium; 
methamidophos; methidathion; methomyl; methoprene; methyl parathion; 
metolachlor; molinate; myclobutanil; naled; norflurazon; oryzalin; 
oxamyl; oxydemeton-methyl; oxyfluoren; paraquat dichloride; 
pendimethalin; permethrin; phorate; phosmet; prometryn; propanil; 
propargite; propyzamide (pronamide); rotenone; simazine; SSS-tributyl 
phosphororithiolate (DEF or Tribufos); strychnine; thiobencarb; 
triclopyr; trifluralin; vinclozolin; and ziram.
    In addition, the Stipulated Injunction would (with some exceptions) 
enjoin, vacate, and set aside EPA's authorization of certain 
pesticides' uses in all areas described by the FWS as aquatic breeding, 
non-breeding aquatic, and upland critical habitat for the California 
red-legged frog, in certain other aquatic features and upland

[[Page 52075]]

habitats occupied by the California red-legged frog, and in adjoining 
buffer zones. The injunctive relief, vacatur, and setting aside of 
EPA's authorizations would terminate for a particular use of a 
pesticide upon the completion of EPA's ESA section 7(a)(2) consultation 
obligations (including a ``no effect'' determination) for the 
particular use of the pesticide. The Stipulated Injunction would also 
require EPA to develop and distribute a brochure regarding the 
California red-legged frog, frogs generally and environmental 
contaminants, and certain aspects of the Stipulated Injunction.
    Beginning today, EPA is opening a 15-day comment period on the 
proposed Stipulated Injunction. EPA will use the comments to determine 
whether all or part of the proposed Stipulated Injunction warrants 
reconsideration. If EPA determines that any part of the proposed 
Stipulated Injunction merits reconsideration, EPA will provide the 
plaintiff with a written request for further negotiations and the 
proposed Stipulated Injunction shall not be entered with the Court 
unless the parties can reach agreement on needed changes. If EPA 
determines that the proposed Stipulated Injunction does not need to be 
reconsidered, the terms of the proposed Stipulated Injunction shall 
become effective upon entry by the United States District Court for the 
Northern District of California. Once the Stipulated Injunction is 
entered by the U.S. District Court, EPA will post on its Web site 
athttp://www.epa.gov/pesticides a notice indicating the Stipulated Injunction 

has been so entered.

List of Subjects

    Environmental protection, Endangered species.


    Dated: August 25, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E6-14616 Filed 8-31-06; 8:45 am]

BILLING CODE 6560-50-S
