20142
Federal
Register
/
Vol.
68,
No.
79
/
Thursday,
April
24,
2003
/
Notices
were
proposed
on
October
22,
1974
and
promulgated
on
August
6,
1975.
These
standards
apply
to
each
wet­
process
phosphoric
acid
plant,
each
superphosphoric
acid
plant,
each
granular
diammonium
phosphate
plant,
and
each
triple
superphosphate
plant,
having
a
design
capacity
of
more
than
15
tons
of
equivalent
phosphorous
pentoxide
(
P2O5)
feed
per
calendar
day.
These
standards
also
apply
to
granular
triple
superphosphate
storage
facilities.
Owners
or
operators
of
affected
facilities
described
must
make
the
following
one­
time­
only
initial
notifications
and
reports
on
the
results
of
the
initial
performance
test.
Owners
or
operators
are
also
required
to
maintain
records
of
the
occurrence
and
duration
of
any
startup,
shutdown,
or
malfunction
in
the
operation
of
an
affected
facility,
or
any
period
during
which
the
monitoring
system
is
inoperative.
The
owners
or
operators
must
install,
calibrate,
maintain,
and
operate
a
monitoring
device
which
continuously
measures
and
permanently
records
the
total
pressure
drop
across
the
scrubbing
system.
Also
required
are
semiannual
reports.
The
owner
or
operator
subject
to
the
provisions
of
this
part
shall
maintain
a
file
of
these
measurements,
and
retain
the
file
for
at
least
two
years
following
the
date
of
such
measurements.
Responses
to
the
collection
of
information
are
mandatory
and
are
being
collected
to
assure
compliance
with
40
CFR
part
60,
subparts
T,
U,
V,
W,
and
X.
These
notifications,
reports
and
records
are
essential
in
determining
compliance.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15,
and
are
identified
on
the
form
and/
or
instrument,
if
applicable.
Burden
Statement:
The
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
46
hours
per
response.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
Respondents/
Affected
Entities:
Phosphate
Fertilizer
Industry.
Estimated
Number
of
Respondents:
13.
Frequency
of
Response:
Initial
and
Semiannual.
Estimated
Total
Annual
Hour
Burden:
1,194.
Estimated
Total
Annualized
Operations
and
Maintenance
Cost:
$
320,000.
Changes
in
the
Estimates:
There
is
an
increase
of
231
hours
and
$
320,000
in
the
total
estimated
burden
currently
identified
in
the
OMB
Inventory
of
approved
ICR
burdens.
This
is
due
to
an
increase
in
the
number
of
sources
and
a
reconsideration
of
the
operation
and
maintenance
costs
for
the
required
continuous
emission
monitors.

Dated:
April
10,
2003.
Oscar
Morales,
Director,
Collection
Strategies
Division.
[
FR
Doc.
03
 
10171
Filed
4
 
23
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
P
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPPT
 
2003
 
0018;
FRL
 
7303
 
4]

National
Tribal
Conference
on
Environmental
Management;
Notice
of
Proposal
Solicitation
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
EPA
is
requesting
proposals
from
federally
recognized
Indian
tribes
or
intertribal
consortia
to
co­
sponsor
the
7th
National
Tribal
Conference
on
Environmental
Management
(
NTCEM).
EPA
will
be
the
federal
sponsor.
The
Tribal
Conference
will
provide
an
opportunity
for
tribal
leaders,
tribal
environmental
managers,
tribal
organizations,
federal
agencies,
and
other
interested
entities/
persons
to
share
information
about
tribal
environmental
programs
and
discuss
issues
of
vital
interest
to
Indian
country.
The
scope
of
the
conference
traditionally
encompasses
multi­
media
environmental
issues
involving
tribes.
The
goals
for
the
conference
are
to
facilitate
tribal
environmental
programs;
establish
stronger
networks
and
relationships
across
environmental
efforts
in
Indian
country;
identify
shared
lessons
learned;
and
familiarize
tribes
with
the
full
extent
of
tribal
and
EPA
program
environmental
activities.
EPA
will
award
a
cooperative
agreement
to
the
selected
host
tribe
to
co­
sponsor
the
conference,
including
personnel,
planning,
facilities,
and
management
expenses.

DATES:
Proposals
must
be
received
or
postmarked
byJune
23,
2003.
A
conference
call
for
potential
applicants
to
ask
questions
or
seekpreapplication
assistance
is
scheduled
for
May
7,
2003,
from
2
p.
m.
to
4:
30
p.
m.
eastern
standard
time.
Please
call
Caren
Rothstein­
Robinson
at
(
202)
564
 
0544
to
obtain
the
conference
call
telephone
number
and
the
access
code.
ADDRESSES:
Mail
proposals
via
the
U.
S.
Postal
Service
(
including
express
and
priority
mail)
to:
Clara
Mickles,
Environmental
Protection
Agency,
American
Indian
Environmental
Office,
Mail
code
4104M,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460.
Mail
proposals
via
commercial
overnight
delivery
service
(
e.
g.,
FedEx,
DHL,
UPS)
to:
Clara
Mickles,
Environmental
Protection
Agency,
American
Indian
Environmental
Office,
Room
3334,
EPA
East,
Mail
code
4104M,
1201
Constitution
Ave.,
NW.,
Washington,
DC
20004.

FOR
FURTHER
INFORMATION
CONTACT:
Caren
Rothstein­
Robinson,
Environmental
Protection
Agency,
Office
of
Program
Management
Operations,
Mail
code
7101M,
Office
of
Prevention,
Pesticides
and
Toxic
Substances,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
202)
564
 
0544.
Applicants
may
submit
written
questions
for
clarification
electronically
to:
rothstein­
robinson.
caren@
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
particular
interest
to
federally
recognized
Indian
tribes
or
tribal
consortia.
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
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OPPT­
2003­
0018­
0001
20143
Federal
Register
/
Vol.
68,
No.
79
/
Thursday,
April
24,
2003
/
Notices
under
docket
identification
(
ID)
number
OPPT
 
2003
 
0018.
The
official
public
docket
consists
of
documents
specifically
referenced
in
this
action
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
EPA
Docket
Center,
Rm.
B
 
102
Reading
Room,
EPA
West,
1301
Constitution
Ave.,
NW.,
Washington,
DC.
The
EPA
Docket
Center
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
EPA
Docket
Center
Reading
Room
telephone
number
is
(
202)
566
 
1744
and
the
telephone
number
for
the
OPPT
Docket,
which
is
located
in
EPA
Docket
Center,
is
(
202)
566
 
0280.
2.
Electronic
access.
You
may
access
this
Federal
Register
document
electronically
through
the
EPA
Internet
under
theFederal
Register
listings
at
http://
www.
epa.
gov/
fedrgstr/.
You
may
also
access
this
document
and
copies
of
past
conference
agendas
from
EPA's
American
Indian
Environmental
Office's
web
page
at
http://
www.
epa.
gov/
indian/
.
Significant
questions
and
responses
as
well
as
any
significant
clarifications
to
this
request
for
proposals
will
be
posted
on
EPA's
American
Indian
Environmental
Office's
web
page
at
http://
www.
epa.
gov/
indian/.
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
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.
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.
Once
in
the
system,
select
``
search,''
then
key
in
the
appropriate
docket
ID
number.

II.
Background
Starting
in
1992,
EPA
has
cosponsored
six
bi­
annual
NTCEM
conferences
to
provide
an
opportunity
for
tribal
leaders,
tribal
environmental
program
managers,
tribal
organizations,
federal
agencies,
and
other
interested
entities
to
share
information
about
tribal
environmental
programs
and
discuss
issues
of
vital
interest
to
Indian
country.
Topics
at
past
conferences
have
helped
to
build
tribal
capacity
in
the
following
areas:
1.
Managing
environmental
programs
(
including
integrated
waste
programs).
2.
Grant
assistance
to
tribes.
3.
Addressing
concerns
about
human
health
risks
and
subsistence.
4.
Contracting,
research,
and
business
development
opportunities.
5.
Technology
(
GIS)
and
natural
resource
management.
6.
Air,
water,
and
waste
management
issues.
The
conference
has
traditionally
been
held
in
late
spring.
Following
is
a
list
of
previous
conference
locations
and
dates:
1.
Cherokee
Nation,
NC
(
May
1992)
2.
Cherokee
Nation,
NC
(
May
1994)
3.
Confederated
Salish
and
Kootenai
Tribes
of
the
Flathead
Nation,
MT
(
May
1996)
4.
Prairie
Island
Indian
Community,
MN
(
May
1998)
5.
Confederated
Tribes
of
Siletz
Indians,
OR
(
June
2000)
6.
Pyramid
Lake
Paiute
Tribe,
NV
(
June
2002)
The
most
recent
conference,
hosted
by
the
Pyramid
Lake
Paiute
Tribe,
in
Reno,
NV,
was
very
successful
in
content
as
well
as
in
attendance.
Over
700
people
attended
this
conference.
Past
conferences
have
drawn500
 
700
participants
representing
more
than
200
tribes,
Native
Alaskans,
intertribal
consortia,
federal
employees
and
private/
non­
profit
organizations.
The
conference
agenda
included
all
aspects
of
tribal
environmental
issues.
EPA
has
decided
to
sponsor
the
7th
NTCEM
in
the
spring
of
2005,
with
EPA's
Office
of
Prevention,
Pesticides
and
Toxic
Substances
(
OPPTS),
serving
as
the
lead
office
for
the
event.
In
the
past,
the
NTCEM
has
been
held
biannually
in
late
spring
which
would
place
the
7th
NTCEM
sometime
in
late
spring
of
2004.
The
decision
to
hold
the
conference
in
the
spring
of
2005
is
being
made
because
EPA
and
its
tribal
partners
are
planning
several
significant
activities
in
the
2004
calendar
year.
Moreover,
EPA
is
aware
that
the
National
Museum
of
the
American
Indian
is
planned
to
have
its
grand
opening
in
the
fall
of
2004.
EPA
understands
that
there
are
a
number
of
tribal
activities
and
celebrations
being
held
in
conjunction
with
the
Museum's
opening
and
does
not
want
to
detract
from
these
events.
EPA
also
believes
that
spacing
major
tribal
events
more
widely
presents
several
positive
benefits.
It
will
help
spread
scarce
tribal
travel
expenses
over
a
longer
period
and
encourage
tribal
participation
at
more
events.
Scheduling
the
NTCEM
for
the
spring
of
2005
would
also
give
the
host
tribe
additional
time
to
plan
for
and
work
with
other
tribes
across
the
country
to
ensure
fuller
participation
and
a
diverse
agenda
more
accurately
reflecting
Tribal
interest
and
issues.

III.
2005
Host
Responsibilities
The
tribal
host
will
be
the
primary
non­
federal
co­
sponsor
for
this
conference.
Strong
conference
management
capabilities
are
essential,
and
include:
Developing
the
conference
agenda,
handling
conference
logistics
(
such
as
registration,
transportation,
and
travel
scholarships
for
tribal
participants),
developing
conference
materials,
and
communications
planning
and
outreach
to
ensure
that
priority
environmental
issues
of
interest
to
tribes
are
represented.
The
host
tribe
will
support
the
tribal
community
in
their
participation
by
encouraging
attendance
and
covering
related
travel
expenses
for
the
appropriate
tribal
personnel.
The
host
tribe
will
also
take
the
lead
role
in
developing
a
conference
theme.
EPA
will
be
the
federal
co­
sponsor
of
the
NTCEM
and
will
work
with
the
tribal
co­
sponsor
to
identify
national
tribal
environmental
issues
and
arrange
for
federal
participation.
The
Agency
will
enter
into
a
written
co­
sponsorship
agreement
under
EPA
Ethics
Advisory
96
 
15
with
the
selected
tribal
cosponsor
EPA
will
provide
technical
assistance
to
the
tribal
co­
sponsor,
as
needed,
to
resolve
logistics
and
communication
issues
associated
with
the
event.
In
consultation
with
the
tribal
co­
sponsor,
EPA
may
advertise
the
conference
in
EPA
websites,
notices,
newsletters
and
other
internal
EPA
communications
materials.

IV.
Coordination
with
Other
Federal
Agencies
and
Tribal
Organizations
EPA
and
the
host
tribe
will
coordinate
with
other
federal
agencies
and
key
EPA­
supported
tribal
entities
(
including
the
Tribal
Operations
Committee,
Tribal
Pesticide
Program
Council,
Tribal
Science
Council,
Tribal
Association
on
Solid
Waste
and
Emergency
Response,
and
many
other
broader­
based
intertribal
organizations
and
consortia)
to
strengthen
the
multi­
media
character
of
this
conference.
These
groups
will
be
invited
to
participate
on
the
conference
agenda
or
independently
around
the
other
on­
going
conference
events.
Once
the
conference
host
is
selected,
EPA
encourages
interested
organizations
to
contact
the
host
to
coordinate
efforts.

V.
Evaluation
Criteria
EPA
is
requesting
proposals
from
federally
recognized
Indian
tribes
or
intertribal
consortia
to
host
the
National
VerDate
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Federal
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/
Vol.
68,
No.
79
/
Thursday,
April
24,
2003
/
Notices
Tribal
Conference
on
Environmental
Management
through
a
cooperative
agreement
with
EPA,
generally
with
a
project
period
of
2
years.
The
applicable
Catalog
of
Federal
Domestic
Assistance
number
is
66.604.
To
be
eligible
to
receive
a
cooperative
agreement
under
the
authorities
listed
in
today's
Notice,
an
intertribal
consortium
must
meet
the
definition
of
eligibility
in
the
Environmental
Program
Grants
for
Tribes
Final
Rule,
at
40
CFR
35.504
(
66
FR
3782,
January
16,
2001)
(
FRL
 
6929
 
5),
and
is
a
non­
profit
organization
within
the
meaning
of
OMB
Circular
A
 
122.
The
funding
amount
for
the
cooperative
agreement
is
subject
to
the
availability
of
funds
in
EPA.
Prior
cooperative
agreement
awards
for
cohosting
the
Tribal
Conference
have
been
in
the
amount
of
about
$
300,000.
EPA
will
negotiate
the
final
amount
of
the
award
with
the
selected
tribal
host.
Tribes
or
intertribal
consortia
that
wish
to
submit
proposals
must
first
meet
the
four
threshold
factors
described
below
under
Unit
V.
B.
Proposals
that
do
not
meet
the
threshold
factors
will
not
be
considered
further
by
EPA.
If
your
tribe
or
intertribal
consortium
meets
these
threshold
factors,
EPA
will
score
your
proposal
based
on
how
well
you
meet
the
evaluation
criteria.
Please
make
sure
you
address
the
threshold
factors
first
and
then
provide
detailed
information
on
all
the
listed
criteria
in
your
proposal.
Clearly
mark
any
information
you
consider
confidential.
EPA
will
make
confidentiality
decisions
in
accordance
with
Agency
regulations
at
40
CFR
part
2,
subpart
B.
Submissions
which
do
not
address
a
particular
criterion
will
receive
a
zero
score
for
that
criterion.
EPA
strongly
encourages
direct
involvement
by
staff
from
your
environmental
program/
department,
facility
managers,
and
members
of
the
local
business
community/
chamber
of
commerce.
An
EPA
panel
consisting
of
representatives
from
across
the
Agency
will
evaluate
all
qualifying
submissions
according
to
the
listed
criteria,
and
rank
them
according
to
final
score.
EPA
will
award
a
grant
to
the
selected
tribal
host
with
the
highest
scoring
proposal
to
cover
personnel,
planning,
and
management
expenses.
EPA
reserves
the
right
to
reject
all
proposals
and
make
alternative
arrangements
for
the
conference.
EPA
will
follow
the
dispute
resolution
process
in
accordance
with
40
CFR
part
31,
subpart
F
for
disagreements.
Please
submit
a
description
of
your
facilities
and
a
summary
of
your
capabilities
(
with
limited
examples,
if
appropriate)
for
all
of
the
criteria
listed
below.

A.
Threshold
Factors
1.
Proposal
must
be
submitted
by
an
eligible
federally
recognized
Indian
tribe
or
intertribal
consortium.
2.
Have
a
conference
center
or
other
suitable
meeting
facilities
capable
of
holding
at
least
4
concurrent
sessions
and
a
plenary
session
that
will
accommodate
700
people.
3.
Have
the
capability
to
lodge
700
people.
4.
Demonstrate
the
ability
to
effectively
manage
EPA
financial
assistance
(
i.
e.,
an
adequate
financial
management
system
with
effective
accounting
procedures
that
maintain
fiscal
control).

B.
Evaluation
Criteria
1.
Conference
management.
The
proposal
should
clearly
demonstrate
the
capability
to
manage
all
aspects
of
a
major
conference
with
detailed
information
and
examples.
The
proposal
should
provide
a
preliminary
conference
plan
of
the
host
tribe's
proposed
approach.
Conference
management
includes
outreach,
preparation,
implementation,
and
wrapup
of
the
conference.
Outreach
should
address
issues
such
as
effective
involvement
of
tribes,
communications
plan,
and
internet
capability.
Preparation
and
implementation
should
address
such
issues
as
staffing;
design
and
development
of
agenda;
travel
and
facility
logistics;
registration;
tribal
travel
scholarships;
events;
and
contractual
support.
Wrap­
up
should
address
issues
such
as
conference
proceedings
and
evaluation
by
participants.
Inclusion
of
(
limited)
documentation
that
specifically
illustrates
tribal
conference
management
capability
is
strongly
encouraged.
(
Maximum
of
20
points)
2.
Tribal
environmental
capabilities.
Tribe
or
intertribal
consortium
demonstrates
they
have
developed
substantive
environmental
capabilities
through,
for
example,
establishing
and
implementing
tribal
environmental
programs
or
coordinating/
leading
tribal
environmental
projects.
Tribe
or
intertribal
consortium
demonstrates
how
such
experience
will
be
integrated
into
the
conference,
to
include
tribal
environmental
management
and
program
perspectives,
approaches
and
cultural
aspects,
such
that
the
conference
is
distinguished
from
other
environmental
conferences.
Proposal
demonstrates
how
the
tribe
or
intertribal
consortium
will
closely
tie
the
event
to
Indian
country
or
tribal
homelands.
Proposal
highlights
how
the
host
tribe
will
reflect
tribal
environmental
issues
in
the
conference
theme
and
agenda.
Proposal
highlights
local
events,
activities
and/
or
projects
that
reflect
tribal
perspective.
Examples
from
previous
conferences
include
host
tribe
environmental
program
presentations
and
tours,
technical
and
ceremonial
demonstrations,
tours
of
communities,
and
field
trips
to
environmental
sites.
(
Maximum
of
20
points)
3.
Conference
facilities.
Consideration
will
be
given
for
conference
facilities/
amenities
that
are
tribally
owned
or
located
on
tribal
land.
Tribes
that
do
not
have
facilities
located
on
their
lands
can
outline
a
plan
to
utilize
nearby
facilities
that
meet
the
logistical
needs
described
in
the
criteria.
(
Maximum
of
12
points).
4.
Conference
transportation.
Demonstrate
that:
(
i)
Airline
transportation
is
economically
feasible
for
most
conference
participants;
(
ii)
the
conference
facilities
are
located
within
90
minutes
of
a
major
airport;
and
(
iii)
ground
transportation
can
be
provided
for
attendees
to
and
from
the
airport
and
around
the
meeting
sites
(
e.
g.,
between
meeting
facility
and
offsite
locations
such
as
hotels
and
special
event
locations).
Lodging
should
be
available
within
a
reasonable
travel
time,
preferably
within
15
minutes
of
conference
facilities.
(
Maximum
of
12
points)
5.
Conference
materials.
Capability
to
produce
and
distribute
conference
materials,
such
as
a
conference
logo,
registration
materials,
signs/
banners,
an
agenda
booklet,
and
handouts.
(
Maximum
of
12
points)
6.
Vendor
area.
Use
of
an
area
in
close
proximity
to
the
meeting
area(
s)
capable
of
accommodating
25
or
more
vendors,
providing
exhibit
booth
space
of
8'
x
8'
or
10'
x
10'
per
vendor
and
access
to
electrical
and
telephone
service.
(
Maximum
of
12
points)
7.
Resource
conservation.
Commitment
to
find
flexible,
yet
more
protective
ways
to
conserve
natural
resources
in
the
conduct
of
the
conference.
Proposal
describes
how
the
host
tribe
will
communicate
the
environmentally
friendly
practices
used
at
the
conference
to
conference
participants.
Examples
of
resource
conservation
include:
Using
products
with
recycled
content
or
other
environmentally
friendly
materials,
collecting
recyclables,
energy
or
wateruse
efficiency
activities,
providing
opportunities
for
reuse,
and
providing
sources
of
education.
(
Maximum
of
12
points)
Total:
100
points.
In
addition
to
soliciting
proposals
for
the
2005
conference,
EPA
encourages
you
to
submit
suggestions
or
ideas
for
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Federal
Register
/
Vol.
68,
No.
79
/
Thursday,
April
24,
2003
/
Notices
potential
agenda
topics
that
your
tribe
would
like
to
see
addressed
at
the
conference.
EPA
will
forward
all
suggestions
to
the
selected
tribal
host.
EPA
also
encourages
you
to
attend
the
conference
regardless
of
whether
you
are
interested
in
hosting
the
event.

List
of
Subjects
Environmental
protection,
Indian
tribes.

Dated:
April
16,
2003.
Stephen
L.
Johnson,
Assistant
Administrator,
Office
of
Prevention,
Pesticides
and
Toxic
Substances.

[
FR
Doc.
03
 
10168
Filed
4
 
23
 
03;
8:
45
am]

BILLING
CODE
6560
 
50
 
S
ENVIRONMENTAL
PROTECTION
AGENCY
[
OPP
 
2002
 
0231;
FRL
 
7293
 
6]

RIN
2070
 
AD36
Pesticides;
Emergency
Exemption
Process
Revisions
Pilot
and
Request
for
Comment
AGENCY:
Environmental
Protection
Agency
(
EPA).
ACTION:
Notice.

SUMMARY:
Section
18
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
authorizes
EPA
to
issue
emergency
exemptions
to
States
and
Federal
agencies,
allowing
them
to
use
a
pesticide
for
an
unregistered
use
for
a
limited
time
if
EPA
determines
that
emergency
conditions
exist.
EPA
is
announcing
and
seeking
comment
on
a
limited
pilot
program
initiated
by
this
Notice.
The
pilot
is
limited
to
exemption
applications
for
which
the
requested
chemical
is
a
pesticide
previously
identified
by
EPA
as
a
reduced­
risk
pesticide.
Under
this
limited
pilot,
EPA
will
allow
applicants
for
certain
exemptions
to
re­
certify
that
the
emergency
conditions
which
initially
qualified
for
an
exemption
continue
to
exist
in
the
second
and
third
years,
and
will
allow
for
a
new
tiered
approach
to
be
used
for
documenting
a
``
significant
economic
loss.''
This
limited
pilot
is
the
result
of
extensive
stakeholder
involvement
and
an
effort
to
streamline
the
emergency
exemption
process.
EPA
is
also
seeking
comment
on
another
potential
improvement
to
the
emergency
exemption
program
that
would
provide
exemptions
for
certain
pest
resistance
management
purposes.
EPA
is
considering
these
improvements
to
the
emergency
exemption
program
in
an
effort
to
reduce
the
burden
to
both
applicants
and
EPA,
allow
for
quicker
decisions
by
the
Agency,
and
facilitate
resistance
management,
while
maintaining
health
and
safety
requirements.
EPA
currently
intends
to
publish
a
proposed
rule
in
2003
that
will
propose
several
potential
improvements
to
the
emergency
exemption
regulations.
EPA
will
consider
any
available
information
from
this
pilot
as
it
proceeds
with
rulemaking.
DATES:
Comments,
identified
by
the
Docket
ID
No.
OPP
 
2002
 
0231,
must
be
received
on
or
before
June
23,
2003.
ADDRESSES:
Comments
may
be
submitted
electronically,
by
mail,
or
through
hand
delivery/
courier.
Follow
the
detailed
instructions
as
provided
in
Unit
I.
C.
of
the
SUPPLEMENTARY
INFORMATION
section.
FOR
FURTHER
INFORMATION
CONTACT:
Joseph
Hogue,
Field
and
External
Affairs
Division
(
7506C),
Office
of
Pesticide
Programs,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
703
 
308
 
9072;
fax
number:
703
 
305
 
5884;
e­
mail
address:
hogue.
joe@
epa.
gov.
SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?
You
may
be
potentially
affected
by
this
action
if
you
are
a
Federal,
State,
or
Territorial
government
agency
that
petitions
EPA
for
section
18
use
authorization.
Regulated
categories
and
entities
may
include,
but
are
not
limited
to:
 
Federal
Government
(
NAICS
Code
9241),
i.
e.,
Federal
agencies
that
petition
EPA
for
section
18
use
authorization.
 
State
or
Territorial
governments
(
NAICS
Code
9241),
i.
e.,
States,
as
defined
in
FIFRA
section
2(
aa),
that
petition
EPA
for
section
18
use
authorization.
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
above
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
summary
of
the
applicability
provisions
as
found
in
Unit
III.
B.
of
this
Notice.
If
you
have
any
questions
regarding
the
applicability
of
this
action
to
a
particular
entity,
consult
the
technical
person
listed
in
the
FOR
FURTHER
INFORMATION
CONTACT
section.
B.
How
Can
I
Get
Copies
of
this
Notice
and
Other
Related
Information?

1.
Docket.
EPA
has
established
an
official
public
docket
for
this
action
under
Docket
ID
No.
OPP
 
2002
 
0231.
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
Highway,
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
Notice
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
identification
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.
EPA
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