[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Rules and Regulations]
[Pages 75037-75039]
[FR Doc No: 2012-30617]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2012-0441; FRL-9372-9]

Difenzoquat; Data Call-in Order for Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final order.

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SUMMARY: This order requires the submission of various data to support
the continuation of the tolerances for the pesticide, difenzoquat.
Pesticide tolerances are established under the Federal Food, Drug, and
Cosmetic Act (FFDCA). Following publication of this order, persons who
are interested in the continuation of the difenzoquat tolerances must
notify the Agency by completing and submitting the required section
408(f) Order Response Form (available in the docket) within 90 days. If
the Agency does not receive within 90 days after publication of the
final order a section 408(f) Response Form identifying a person who
agrees to submit the required data, EPA will revoke the difenzoquat
tolerances.

DATES: This final order is effective December 19, 2012. A section
408(f) Order Response Form must be received on or before March 19,
2013.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2012-0441. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in the Environmental
Protection Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.
    Submit your section 408(f) Order Response Form, identified by
docket identification (ID) number EPA-HQ-OPP-2012-0441, by one of the
following methods:
     Federal eRulemaking Portal: Follow the on-line
instructions for submitting comments.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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. 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 electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. To access the harmonized test guidelines referenced in
this document electronically, please go to http://www.epa.gov/ocspp and
select ``Test Methods and Guidelines,'' which is listed under
``Documents related to our mission.''

II. Background

A. What action is the agency taking?

    In this document EPA is issuing an order requiring the submission
of various data to support the continuation of the difenzoquat
tolerances at 40 CFR 180.369, under section 408 of FFDCA, 21 U.S.C.
346a. Difenzoquat is not currently registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et
seq. The last FIFRA registration for difenzoquat was canceled in 2010.
However, 25 FFDCA tolerances remain for residues of difenzoquat on the
following commodities: Barley, cattle, goat, hog, horse, poultry,
sheep, and wheat (40 CFR 180.369). Because there are currently no
domestic registrations for difenzoquat, these tolerances are referred
to as ``import tolerances.'' It is these tolerances that are addressed
by the Data Call-In order.

B. What is the agency's authority for taking this action?

    Under section 408(f) of the FFDCA, EPA is authorized to require, by
order, submission of data ``reasonably required to support the
continuation of a tolerance'' when such data cannot be obtained under
the Data Call-In authority of FIFRA section 3(c)(2)(B), or section 4 of
the Toxic Substances Control Act (``TSCA''), 15 U.S.C. 2603. A FFDCA
section 408 Data Call-In order may only be issued following publication
of notice of the order and a 60-day public comment provision.
    A section 408(f) Data Call-In order must contain the following
elements:
    1. A requirement that one or more persons submit to EPA a notice
identifying the person(s) who commit to submit the data required in the
order.
    2. A description of the required data and the required reports
connected to such data;
    3. An explanation of why the required data could not be obtained
under section 3(c)(2)(B) of FIFRA or section 4 of TSCA.
    4. The required submission date for the notice identifying one or
more interested persons who commit to submit the required data and the
required submission dates for all the data and reports required in the
order (21 U.S.C. 346a(f)(1)(C)).
    EPA may by order modify or revoke the affected tolerances if any
one of the following submissions is not made in a timely manner:
    1. A notice identifying the one or more interested persons who
commit to submit the data.
    2. The data itself.
    3. The reports required under a section 408(f) order are not
submitted by the date specified in the order (21 U.S.C. 346a(f)(2)).

C. What preliminary steps were taken by EPA prior to issuing this final
order?

    On July 6, 2012 (77 FR 44181) (FRL-9352-9), EPA issued a proposed
Data Call-In order for the pesticide difenzoquat in connection with
tolerances for that pesticide under section 408 of the Federal Food,
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. The proposed Data Call-
In order included the following studies:
     Neurotoxicity Screening Battery (870.6200).
     Immunotoxicity Study (870.7800).
     Crop Field Trials (860.1500)--(wheat hay, wheat forage,
and barley hay).

III. Summary of Public Comments Received and Agency Response to
Comments

    EPA received no comments in response to the July 6, 2012, Federal
Register notice announcing the Agency's proposed Data Call-In order for
difenzoquat. In addition, the Agency has not received any of the data
identified in the proposed order as needed to support the difenzoquat
tolerances.

IV. Final Data Call-in Order

    Because no comments were submitted on the proposal and the data
deficiencies identified in the proposed order remain, EPA is issuing
this final Data Call-In order under FFDCA section 408(f)(1)(C) for
difenzoquat in the same form as the proposed order and for the reasons
set forth in that proposed order. Specifically, this order:
    1. Requires notice of intent to submit data. A notice identifying
the person or persons who commit to submit the data and reports in
accordance with Unit IV.2. must be submitted to EPA if any person
wishes to support the difenzoquat tolerances. The notice must be
submitted on a section 408(f) Order Response Form which is available in
the electronic docket, http://www.regulations.gov, under docket ID
number EPA-HQ-OPP-2012-0441.
    2. Establishes a deadline for submission of notice identifying data
submitters. The notice described in Unit IV.1., identifying data
submitters, must be submitted to and received by EPA on or before March
19, 2013. Instructions on methods for responding to this order
(referred to in this order as a ``section 408(f) Order Response Form'')
are set out under the ADDRESSES section above.
    3. Describes data and reports required to support continuation of
the difenzoquat tolerances, requires submission of those data and
reports, and establishes deadlines for submission. The table in this
Unit describes the data and reports required to be submitted on
difenzoquat under this order and the deadlines for the submission of
each study and report. The required submission date is calculated from
March 19, 2013. Thus, for example, if EPA generally allows 12 months to
complete a study, the required submission date for such a study under
this order would be 15 months from the date of publication of the order
in the Federal Register. Studies, study protocols, and reports should
be submitted to the person listed under FOR FURTHER INFORMATION
CONTACT.

                         Table--Data and Reports Required To Be Submitted on Difenzoquat
----------------------------------------------------------------------------------------------------------------
                                                                Timeframe for
  OCSPP harmonized guideline No.          Study title          protocol  report    Timeframe for data submission
                                                                  submission
----------------------------------------------------------------------------------------------------------------
870.6200.........................  Neurotoxicity Screening   Not Required.......  March 19, 2015.
                                    Battery.
870.7800.........................  Immunotoxicity Study....  6 months...........  March 19, 2014.
860.1500.........................  Crop Field Trials (wheat  Not Required.......  March 19, 2015.
                                    hay, wheat forage, and
                                    barley hay).
----------------------------------------------------------------------------------------------------------------

    EPA provided a description of why the required data could not be
obtained under section 3(c)(2)(B) of FIFRA or section 4 of TSCA in the
proposed order and relies on that description in this final order.

V. Failure to Submit Notice of Intent to Submit Data or Data and
Reports

    If, by March 19, 2013 the Agency does not receive a section 408(f)
Order Response Form identifying a person who agrees to submit the
required data, EPA will revoke the difenzoquat tolerances at 40 CFR
180.369. Such revocation is subject to the objection and hearing
procedure in FFDCA section 408(g)(2) but the only material issue in
such a procedure is whether a submission required by the order was made
in a timely fashion.
    Additional events that may be the basis for modification or
revocation of difenzoquat tolerances include, but are not limited to
the following:
    1. No person submits on the required schedule an acceptable
protocol report when such report is required to be submitted to the
Agency for review.
    2. No person submits on the required schedule acceptable data as
required by the final order.

VI. Statutory and Executive Order Reviews

    This action, which requires the submission of data in support of
tolerances in accordance with FFDCA section 408, is in the form of an
order and not a rule (21 U.S.C. 346a(f)(1)(C)). Under the
Administrative Procedures Act (APA), orders are expressly excluded from
the definition of a rule (5 U.S.C. 551(4)). Accordingly, the regulatory
assessment requirements imposed on a rulemaking do not apply to this
action, as explained further in the following discussion.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Because this order is not a ``regulatory action'' as that term is
defined in Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not subject to review by the Office of Management and Budget
(OMB) under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011).

B. Paperwork Reduction Act

    This action does not impose additional burdens that require
approval by OMB under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501
et seq.). The information collection activities associated with the
order requesting data from any party interested in supporting certain
tolerances are already approved by OMB under OMB Control No. 2070-0174,
and are identified by EPA ICR No. 2288.01. Burden is defined at 5 CFR
1320.3(b). Under the PRA, an Agency may not conduct or sponsor, and a
person is not required to respond to a collection of information that
requires OMB approval under PRA, unless it has been approved by OMB and
displays a currently valid OMB control number. The OMB control numbers
for EPA's regulations in title 40 of the CFR, after appearing in the
Federal Register, are listed in 40 CFR part 9, and included on the
related collection instrument, or form, if applicable.

C. Regulatory Flexibility Act

    Since this order is not a rule under the APA (5 U.S.C. 551(4)), and
does not require the issuance of a proposed rule, the requirements of
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not
apply.

D. Unfunded Mandates Reform Act; Executive Order 13132: Federalism; and
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments

    This order requests data from any party interested in supporting
certain tolerances and does not impose obligations on any person or
entity including States or tribes; nor does this action alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of FFDCA.
As such, the Agency has determined that this action will not have a
substantial direct effect on States or tribal governments, on the
relationship between the national government and the States or tribal
governments, or on the distribution of power and responsibilities among
the various levels of government or between the Federal Government and
Indian tribes. Thus, the Agency has determined that Executive Order
13132 (64 FR 43255, August 10, 1999) and Executive Order 13175 (65 FR
67249, November 9, 2000) do not apply to this order. In addition, this
order does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1531-1538).

E. Executive Orders 13045: Protection of Children From Environmental
Health Risks and Safety Risks; Executive Order 13211: Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use, and Executive Order 12898: Federal Actions To
Address Environmental Justice in Minority Populations and Low Income
Populations

    As indicated previously, this action is not a ``regulatory action''
as defined by Executive Order 12866. As a result, this action is not
subject to Executive Order 13045 (62 FR 19885, April 23, 1997) and
Executive Order 13211 (66 FR 28355, May 22, 2001). In addition, this
order also does not require any special considerations under Executive
Order 12898 (59 FR 7629, February 16, 1994).

F. National Technology Transfer and Advancement Act

    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA), (15 U.S.C. 272 note).

VII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq. does not apply
because this action is not a rule as that term is defined in 5 U.S.C.
804(3).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Difenzoquat, Pesticides and pests, Reporting
and recordkeeping requirements.

    Dated: December 12, 2012.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2012-30617 Filed 12-18-12; 8:45 am]
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[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Notices]
[Pages 9738-9739]
[FR Doc No: 2014-03638]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9906-94-OCFO]

Federal Advisory Committee; Request for Nominations of Candidates
to the Environmental Financial Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Request for Nominations of Candidates to the
Environmental Financial Advisory Board.

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SUMMARY: The United States Environmental Protection Agency (EPA)
invites nominations of qualified candidates to be considered for
appointments to fill vacancies on the Environmental Financial Advisory
Board (the Board or EFAB). The Board seeks to maintain diverse
representation across all workforce sectors and geographic locations.
Nominees should demonstrate experience in any of the following areas:
Environmental technology investments; commercial banking, local utility
management and finance, green infrastructure financing, sustainable
community partnerships; water and wastewater infrastructure and program
financing; and public-private partnerships. Nominees are encouraged who
live and work in the southeastern, southwestern, western, and mid-
western parts of the United States.
    EPA values and welcomes diversity. In an effort to obtain a diverse
pool of candidates, EPA encourages nominations of women and men of all
racial and ethnic groups. In addition to this notice, other sources may
be utilized in the solicitation of nominees. The deadline for receiving
nominations is Friday, March 7, 2014. Appointments will be made by the
Deputy Administrator of the Environmental Protection Agency and will be
announced in April 2014. Nominee qualifications will be assessed under
the mandates of the Federal Advisory Committee Act, which requires
Committees to maintain diversity across a broad range of
constituencies, sectors, and groups.

DATES: Nominations should be submitted in time to arrive no later than
March 7, 2014.

    Background Information: The Environmental Financial Advisory Board
was chartered in 1989 under the Federal Advisory Committee Act to
provide advice and recommendations to EPA on the following issues:
     Reducing the cost of financing environmental facilities
and discouraging polluting behavior;
     Creating incentives to increase private investment in the
provision of environmental services and removing or reducing
constraints on private involvement imposed by current regulations;
     Developing new and innovative environmental financing
approaches and supporting and encouraging the use of cost-effective
existing approaches;
     Identifying approaches specifically targeted to small/
disadvantaged community financing;
     Increasing the capacity of state and local governments to
carry out their respective environmental programs under current Federal
tax laws;
     Analyzing how new technologies can be brought to market
expeditiously;
     Increasing the total investment in environmental
protection of public, and private environmental resources to help ease
the environmental financing challenge facing our nations.
    The Board meets two times each calendar year (two days per meeting)
at different locations within the continental United States. Board
members typically contribute approximately 1-3 hours per month to the
Board's work. The Board's membership services are voluntary and the
Agency is unable to provide honoraria or compensation, according to
FACA guidelines. However, Board members may receive travel and per diem
allowances, where appropriate, and in accordance with Federal Travel
Regulations for invitational travelers.
    Evaluation Criteria: The following criteria will be used to
evaluate nominees:
    [ssquf] Residence in the continental United States;
    [ssquf] Professional knowledge of, and experience with,
environmental financing activities;
    [ssquf] Senior level-experience that fills a gap in Board
representation, or brings a new and relevant dimension to its
deliberations;
    [ssquf] Demonstrated ability to work in a consensus-building
process with a wide range of representatives from diverse
constituencies; and
    [ssquf] Willingness to serve a two-year term as an active and
contributing member, with possible re-appointment to a second term.
    Nominations for membership must include a resume describing the
professional and educational qualifications of the nominee as well as
expertise/experience. Contact details should include full name and
title, business mailing address, telephone, fax, and email address. A
supporting letter of endorsement is encouraged but not required.
    Addresses/For Further Information Contact: Submit nomination
materials by postal mail, electronic mail, or fax to: Pamela Scott,
Membership Coordinator, Environmental Financial Advisory Board, EPA,
Office of the Chief Financial Officer, 1200 Pennsylvania Avenue NW.
(2731A), Washington, DC 20460; or email<EMAIL_ADDRESS>phone
202-564-6368; or fax<PHONE_NUMBER>.

    Dated: February 10, 2014.
Joshua Baylson,
Associate Chief Financial Officer, Office of the Chief Financial
Officer.
[FR Doc. 2014-03638 Filed 2-19-14; 8:45 am]
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