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5838 Federal Register / Vol. 71, No.

23 / Friday, February 3, 2006 / Notices

Revision of FR Notice Published 01/ (OPP), Environmental Protection Integrity Branch (PIRIB) (7502C), Office
13/2006: Correction to Wait Period from Agency, Rm. 119, Crystal Mall #2, 1801 of Pesticide Programs (OPP),
02/13/2006 to 02/27/2006. S. Bell St., Arlington, VA, Attention: Environmental Protection Agency, Rm.
EIS No. 20060017, Final EIS, AFS, FL, Docket ID number EPA–HQ–OPP–2004– 119, Crystal Mall #2, 1801 S. Bell St.,
Ocala National Forest Access 0262. The docket facility is open from Arlington, VA. The docket facility is
Designation Process, Roads and Trails 8:30 a.m. to 4 p.m., Monday through open from 8:30 a.m. to 4 p.m., Monday
Systems Development, Friday, excluding legal holidays. The through Friday, excluding legal
Implementation, Lake, Marion and telephone number for the docket facility holidays. The telephone number for the
Putnam Counties, FL. Wait Period is (703) 305–5805. Such deliveries are docket facility is (703) 305–5805.
Ends: 02/21/2006. Contact: Will only accepted during the Docket’s FOR FURTHER INFORMATION CONTACT:
Ebaugh 850–523–8557. normal hours of operation, and special Laurie Amaro, Environmental
Revision to FR Notice Published 01/ arrangements should be made for Protection Agency, Region 9, 75
20/2006: Correction to Document Status deliveries of boxed information. Hawthorne St. (CED-5), San Francisco,
from Draft to Final EIS. Instructions: Direct your comments to CA 94105–3901; telephone number:
docket ID number EPA–HQ–OPP–2004–
Dated: January 31, 2006. (415) 947–4212; e-mail address:
0262. EPA’s policy is that all comments
Ken Mittelholtz,
amaro.laurie@epa.gov.
received will be included in the public
Environmental Specialist, Office of Federal docket without change and may be SUPPLEMENTARY INFORMATION:
Activities. made available on-line athttp:// I. General Information
[FR Doc. E6–1510 Filed 2–2–06; 8:45 am] www.regulations.gov/, including any
BILLING CODE 6560–50–P personal information provided, unless A. Does this Action Apply to Me?
the comment includes information This notice applies to individuals and
claimed to be Confidential Business businesses who are seeking certification
ENVIRONMENTAL PROTECTION Information (CBI) or other information to apply restricted use pesticides (RUPs)
AGENCY whose disclosure is restricted by statute. as defined by EPA in Navajo Indian
[EPA–HQ–OPP–2004–0262; FRL–7682–4]
Do not submit information that you Country. This action may, however, be
consider to be CBI or otherwise
of interest to those involved in
Federal Plan for Certification of protected through www.regulations.gov
agriculture, and anyone involved with
Restricted Use Pesticide Applicators in or e-mail. The www.regulations.gov
the distribution and application of
Navajo Indian Country website is an ‘‘anonymous access’’
pesticides. Since other entities may also
system, which means EPA will not
AGENCY: Environmental Protection be interested, the Agency has not
know your identity or contact
Agency (EPA). attempted to describe all the specific
information unless you provide it in the
ACTION: Notice.
entities that may be affected by this
body of your comment. If you send an
action. If you have any questions
e-mail comment directly to EPA without
SUMMARY: EPA is announcing its regarding the applicability of this action
going through www.regulations.gov,
intention to implement a federal your e-mail address will be captured to a particular entity, consult the person
program to certify applicators of automatically and included as part of listed under FOR FURTHER INFORMATION
restricted use pesticides in Navajo CONTACT.
the comment that is placed in the public
Indian Country. The program will be docket and made available on the B. How Can I Get Copies of the Federal
administered by EPA Region 9 located Internet. If you submit an electronic Plan, Other Related Documents, and
in San Francisco, CA. EPA is soliciting comment, EPA recommends that you Additional Information?
comments on EPA’s intent to implement include your name and other contact
a federal certification program in Navajo information in the body of your You may view copies of the federal
Indian Country and on its proposed comment and with any disk or CD ROM plan, other related documents, or
Federal Plan for Certification of you submit. If EPA cannot read your request additional information by
Restricted Use Pesticide Applicators in comment due to technical difficulties contacting:
Navajo Indian Country (federal plan). and cannot contact you for clarification, 1. By mail: Laurie Amaro at the
DATES: Written comments, identified by EPA may not be able to consider your address listed under FOR FURTHER
docket identification (ID) number EPA– comment. Electronic files should avoid INFORMATION CONTACT.
HQ–OPP–2004–0262, must be received the use of special characters, any form Michelle Devaux, Field and External
on or beforeMarch 6, 2006. of encryption, and be free of any defects Affairs Division (7506C), Office of
ADDRESSES: Submit your comments, or viruses. For additional information Pesticide Programs, Environmental
identified by docket identification (ID) about EPA’s public docket, visit the EPA Protection Agency, 1200 Pennsylvania
number EPA–HQ–OPP–2004–0262, by Docket Center homepage at http:// Ave., NW., Washington, DC 20460–
one of the following methods: www.epa.gov/epahome/docket.htm/. 0001; telephone number: (703) 305–
• http://www.regulations.gov/. Follow Docket: All documents in the docket 7666; e-mail: devaux.michelle@epa.gov.
the on-line instructions for submitting are listed in the www.regulation.gov 2. In person. Copies of the entire EPA
comments. index. Although listed in the index, Plan for the Certification of Pesticide
• E-mail: opp.ncic@epa.gov. some information is not publicly Applicators in Navajo Indian Country,
• Mail: Public Information and available, i.e., CBI or other information together with all attached appendices,
Records Integrity Branch (PIRIB) whose disclosure is restricted by statute. may be examined at the following
(7502C), Office of Pesticide Programs Certain other material, such as locations during normal business hours:
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(OPP), Environmental Protection copyrighted material, will be publicly i. United States Environmental
Agency, 1200 Pennsylvania Ave., NW., available only in hard copy. Publicly Protection Agency, Region 9 Library, 75
Washington, DC 20460–0001. available docket materials are available Hawthorne St., San Francisco, CA
• Hand Delivery: Public Information either electronically in 94105. Contact: Region 9 Library,
and Records Integrity Branch (PIRIB) www.regulations.gov or in hard copy at telephone number: (415) 947–4406, e-
(7502C), Office of Pesticide Programs the Public Information and Records mail: library-region9@epa.gov.

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Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices 5839

ii. Navajo Nation Pesticide Regulatory pesticide uses as either ‘‘restricted use’’ State or Tribal certificate without
Program, Navajo Nation Environmental or ‘‘general use.’’ A restricted use further demonstration of competency.
Protection Agency, P.O. Box 529, Fort pesticide is defined as one which ‘‘may Thus, where appropriate, EPA will issue
Defiance, AZ 86504. Contact: Glenna generally cause, . . . unreasonable federal certificates where the standards
Lee, telephone number: (928) 871–7815, adverse effects on the environment, of competency for the other State or
e-mail:glennalee@yahoo.com. including injury to the applicator,’’ Tribal certificate are sufficiently
unless it is subject to additional comparable to the requirements in 40
C. What Should I Consider as I Prepare regulatory restrictions beyond labeling CFR part 171 to justify waiving further
My Comments for EPA? requirements. Section 3(d)(1)(C), 7 demonstration of competency.
1. Submitting CBI. Do not submit this U.S.C. 136a(d)(1)(C). To help prevent As explained below, EPA will use in
information to EPA through EDOCKET, such adverse effects, restricted use the federal plan the 10 commercial
regulations.gov, or e-mail. Clearly mark pesticides may only be applied by a applicator categories set forth in 40 CFR
the part or all of the information that certified applicator or someone acting 171.3(b). In addition, EPA adopts in the
you claim to be CBI. For CBI under the direct supervision of a federal plan five additional categories of
information in a disk or CD ROM that certified applicator. 7 U.S.C. commercial applicators designated by
you mail to EPA, mark the outside of the 136a(d)(1)(C), 136j(a)(2)(F). To be the State of Utah; and seven
disk or CD ROM as CBI and then certified, an individual must be subcategories of commercial applicators
identify electronically within the disk or determined to be competent with used by the States of Arizona and Utah.
CD ROM the specific information that is respect to the use and handling of EPA has determined that all the
claimed as CBI. In addition to one pesticides covered by the certification. 7 standards of competency for private
complete version of the comment that U.S.C. 136i(a)(1). applicators, and for all of the
includes information claimed as CBI, a It was the intent of Congress that commercial applicator categories and
copy of the comment that does not persons desiring to use restricted use subcategories in Arizona’s and Utah’s
contain the information claimed as CBI pesticides should be able to obtain plans meet the federal requirements.
must be submitted for inclusion in the certification under programs approved
by EPA, as reflected in sections 11 and B. What is the Statutory Authority for
public docket. Information so marked this Plan?
will not be disclosed except in 23 of FIFRA. 7 U.S.C. 136i, 136u. The
accordance with procedures set forth in regulations addressing Tribal and State The plan will be implemented under
40 CFR part 2. development and submission of the authority of sections 11(a)(1) and 23
2. Tips for preparing your comments. certification plans to EPA are contained FIFRA, as amended by the Food Quality
When submitting comments, remember at 40 CFR part 171. It is EPA’s position Protection Act of August 3, 1996, and
to: that Tribal and State plans are best regulations in 40 CFR 171.1–171.11.
i. Identify the rulemaking by docket suited to the needs of that particular Additional enforcement authorities are
ID number and other identifying Tribe or State and its citizens. Tribes found in sections 8, 9, and 12 of FIFRA.
information (subject heading, Federal and States, however, are not required to
C. Summary of the Plan
Register date, and page number). develop their own plans. Where EPA
ii. Follow directions. The Agency may has not approved a State or Tribal 1. Applicability. EPA intends to
ask you to respond to specific questions certification plan, the Agency is implement this federal certification plan
or organize comments by referencing a authorized to implement an EPA plan in ‘‘Indian Country,’’ as defined in 18
Code of Federal Regulations (CFR) part for the federal certification of U.S.C. 1151, that is associated with the
or section number. applicators of restricted use pesticides Navajo Nation. ‘‘Indian Country’’ is
iii. Explain why you agree or disagree; pursuant to sections 11 and 23 of defined in 18 U.S.C. 1151 as:
suggest alternatives and substitute FIFRA. 7 U.S.C. 136i, 136u; 40 CFR (a) All land within the limits of any Indian
language for your requested changes. 171.11. reservation under the jurisdiction of the
iv. Describe any assumptions and The Navajo Nation is in the process of United States Government, notwithstanding
provide any technical information and/ determining the best approach to the issuance of any patent, and, including
implementing a Tribal certification rights-of-way running through the
or data that you used. reservation;
v. If you estimate potential costs or plan. The Navajo Nation Tribal
Government has consulted with EPA (b) All dependent Indian communities
burdens, explain how you arrived at within the borders of the United States
regarding implementation of a federal
your estimate in sufficient detail to whether within the original or subsequently
certification plan that provides for acquired territory thereof, and whether
allow for it to be reproduced.
federal certification based on other EPA- within or without the limits of a State; and
vi. Provide specific examples to
approved certification plans pursuant to (c) All Indian allotments, the Indian titles
illustrate your concerns, and suggest
40 CFR 171.11 until such time as an to which have not been extinguished,
alternatives. including rights-of-way running through the
EPA-approved certification plan is in
vii. Explain your views as clearly as same.
place for Navajo Indian Country.
possible, avoiding the use of profanity,
Consistent with FIFRA, EPA Under this definition, EPA treats as
obscene language, or personal threats.
regulations, and ‘‘EPA Policy for the reservations trust lands validly set aside
viii. Make sure to submit your
Administration of Environmental for the use of a Tribe even if the trust
comments by the comment period
Programs on Indian Reservations,’’ lands have not been formally designated
deadline.
November 8, 1984, EPA intends to as a reservation.
II. Introduction implement such a federal plan as Indian Country associated with the
summarized in this notice. Navajo Nation includes, but is not
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A. What is the Background for this Plan? The primary mechanism for certifying limited to:
Under the Federal Insecticide, applicators will be the use of the • Land within the exterior
Fungicide, and Rodenticide Act reciprocity provision of 40 CFR part boundaries of the formal Navajo Indian
(FIFRA), as amended, 7 U.S.C. 136 et 171.11(e). This provision allows EPA to Reservation, including the three satellite
seq., the Administrator of EPA has the issue a federal certificate to an Reservations of Alamo, Canoncito, and
authority to classify all registered individual possessing any other valid Ramah, but excluding areas of Indian

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5840 Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices

Country associated with the Hopi Tribe; pesticide can only become certified if a authority contained at 40 CFR 171.11(e).
and certification and training program has This section of the regulation permits
• Lands in the Eastern Navajo been approved by EPA for the area in EPA to issue a federal certificate based
Agency that are held in trust by the which he or she seeks to apply the upon the pesticide applicator holding a
United States government for the use of pesticide. Among other things, EPA valid certificate issued under any other
the Navajo Nation or for the benefit of regulations, provide for implementation EPA-approved program without further
individual members of the Navajo of the certification and training demonstrating competency. However,
Nation or that are dependent Indian programs in Indian Country in the under this provision, the Agency may
communities. following ways. deny issuance of such certificate if the
Today’s announcement reflects where i. The Tribe may develop its own plan standards of competency for each
EPA intends to directly implement its for certifying applicators and submit the category or subcategory of commercial
federal certification plan, and is not a plan, through the U.S. Department of applicator identified in the other State
determination as to where the Navajo the Interior, to EPA for approval. or Tribal certificate are not sufficiently
Nation would have the authority to ii. The Tribe may choose to utilize a comparable to the federal requirements
implement a certification plan under State certification program in which to justify waiving further demonstration
FIFRA. The scope of the Navajo Nation’s case it should enter into a cooperative of competency.
authority to implement such a agreement with the State which shall be i. Categories and subcategories of
certification plan would be addressed if, incorporated into the State plan and commercial applicators used in Navajo
and when, the Tribe applies for forwarded to EPA for approval. Indian Country federal plan. EPA
approval of a Tribal certification iii. EPA may implement a federal regulations set forth a system of
program. certification and training program where categorizing commercial applicators by
2. General information. EPA, via there is no approved plan in effect. See occupation. Specifically, the regulations
Region 9, San Francisco, CA (hereinafter 40 CFR 171.10 and 171.11. As discussed establish 10 categories that are intended
Region 9), will be the lead agency for above, EPA intends to implement a to encompass the spectrum of
the administration of the plan in Navajo federal certification and training commercial applicators. 40 CFR
Indian Country. EPA has legal authority program in Navajo Indian Country. 171.3(b). In addition to setting general
to conduct this plan. See Unit II.B. There are two types of applicators of
Region 9 has adequate resources to standards of competency that are
restricted use pesticides: private and applicable to all commercial
implement a certification plan in Navajo commercial. A ‘‘private applicator’’ is
Indian Country which is consistent with applicators, the regulations set forth
defined as: category-specific standards that require
the requirements of FIFRA and
A certified applicator who uses or differing levels of capability depending
regulations at 40 CFR part 171. These supervises the use of any pesticide which is
resources include funding, database on, among other things, the nature of the
classified for restricted use for purposes of activity and the potential hazard posed
systems, and staff. Region 9 personnel, producing an agricultural commodity on
including the Certification and Training by the pesticide. 40 CFR 171.4.
property owned or rented by the applicator
Program Manager, the Tribal Project or the applicator’s employer or (if applied
Certificates may only be issued to
Officer, the Tribal Enforcement Liaison, without compensation other than trading of commercial applicators who have
and administrative staff, will be personal services between producers of demonstrated competency by passing a
responsible for the maintenance of the agricultural commodities) on the property of written examination, and where
federal certification program in Navajo another person. 7 U.S.C. 136(e)(2). appropriate, a performance test.
Indian Country. Program maintenance A ‘‘commercial applicator’’ is defined Region 9 will use the commercial
activities include application as: applicator categories as outlined at 40
processing, database management, CFR 171.3(b), all of which have been
An applicator (whether or not the
recordkeeping, enforcement and adopted by the States of Arizona and
applicator is a private applicator with respect
oversight of the Navajo Nation’s to some uses) who uses or supervises the use Utah, as well as five other categories
inspection program. of any pesticide which is classified for designated by the State of Utah which
Region 9 will prepare an annual restricted use for any purpose or on any include: Aerial Application Pest
report on or before March 31 of each property’’ other than as set forth in the Control, Vertebrate Animal Pest Control,
year. Copies of this report will be made definition of a private applicator. 7 U.S.C. Fumigation/Stored Commodities Pest
available to the Navajo Nation EPA, and 136(e)(3). Control, Wood Preservation Pest
the U.S. EPA’s Office of Pesticide Where EPA, as opposed to a Tribe or Control, and Wood-Destroying
Programs. Copies of this report will be a State, implements a certification and Organisms Pest Control.
available on the EPA Internet website training program, both FIFRA and the In addition, Region 9 has reviewed
and in hard copy for public inspection regulations require that EPA offer the subcategories of commercial
from 9 a.m. to 4 p.m., Monday through private applicators an option to be applicators currently in use by these
Friday, excluding federal holidays at the certified without taking an examination. two States. These subcategories are:
Environmental Protection Agency, See 7 U.S.C. 136i(a)(1), 40 CFR From Arizona, General Pest Control;
Region 9 Library, 75 Hawthorne St., San 171.11(d)(1). Termites and Wood-destroying Pests;
Francisco, CA 94105–3901. Because Utah and Arizona do not Wood Products Preservation;
Region 9 estimates that approximately offer private applicators an option to be Fumigation; Weed Control; M-44 Pest
45 commercial applicators and 5 private certified without taking an examination, Control; and Rodent Pest Control and
applicators will need to be certified in EPA, as discussed below, will offer a from Utah, Surface Water and Sewer
Navajo Indian Country. Qualified ‘‘non-exam’’ option to private Root. Based on consultation with the
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commercial and private applicators will applicators. Navajo Nation Pesticide Program, these
be issued federal certificates. 4. Commercial applicators. For subcategories of commercial applicators
3. Legal framework for the plan. The individuals seeking certification as meet the needs in Navajo Indian
certification and training requirements commercial applicators under the Country, and adopts them per 40 CFR
are not self-implementing. Rather, a federal certification program in Navajo 171.11(c)(2). No other additional major
prospective applicator of a restricted use Indian Country, EPA will utilize the categories or subcategories will be used

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in Navajo Indian Country at the present its federal certification is in fact valid The standards of competency for
time. and current. private applicators will be those at 40
However, EPA may deem other iii. Submitting evidence of CFR 171.5 and 171.6. Individuals may
categories or subcategories of certification as a commercial applicator be certified as private applicators in
commercial applicators necessary in the authorized to apply federally designated Navajo Indian Country by one of the
future, consonant with the needs of the restricted use pesticides under any other following options:
Navajo Nation and applicators in Navajo federal or EPA-approved State or Tribal i. Option 1.—Submitting evidence of
Indian Country, as provided in 40 CFR applicator certification program. Region certification as a private applicator
171.11(c). 9 may also issue commercial authorized to apply federally designated
ii. Submitting evidence of certification certification credentials in the restricted use pesticides by Arizona or
as a commercial applicator authorized appropriate commercial applicator Utah. Under this option, a private
to apply federally designated restricted category(ies) or subcategory(ies) valid in applicator will be required to submit
use pesticides in Arizona or Utah. The Navajo Indian Country to applicators written evidence (copy of certificate,
Agency has determined that for Arizona who have been certified in the same or credential, license, or other
and Utah, the standards of competency similar category(ies) or subcategory(ies) documentation) of certification from
for each category or subcategory of as described herein and in the detailed Arizona or Utah and a completed copy
commercial applicators in those plan under any other federal or EPA- of EPA Form 8500–17–N to Region 9
certification programs are sufficiently approved State or Tribal certification before being eligible to receive private
comparable to the federal requirements plan. The applicator will be required to applicator certification in Navajo Indian
to justify waiving further demonstration submit the EPA certification form and Country. Copies of EPA Form 8500–17–
of competency. EPA has made this written evidence of valid certification to N will be available from the Region 9
determination based on the State plans Region 9. Region 9 will verify with the Office, both in hard copy and on the
in effect as of the publishing of this appropriate federal, State, or Tribal Internet, and from the Navajo Nation
notice. If Arizona or Utah revises its certifying agency with whom the Environmental Protection Agency. EPA
applicant is claiming to hold a valid/ has determined that private applicators
State plan, EPA may revisit this
current certificate, to assure that the certified by either of these two States
determination. Therefore, under this
certificate on which EPA would base its have met requirements equal to those
federal certification plan, Region 9 may
federal certification is in fact valid and established under this program (under
issue a certificate for restricted use
current. The Regional Administrator 40 CFR 171.5 and 171.6). EPA has made
pesticide application in Navajo Indian
may deny issuance of such certificate, if this determination based on the State
Country to an individual possessing a
the standards of competency for each plans in effect as of the publishing of
certificate issued by one of these two
commercial applicator category or this notice. If Arizona or Utah revises its
States for the same applicator categories
subcategory identified in the other State State plan, EPA may revisit this
and/or subcategories described in their
or Tribal certificate are not sufficiently determination.
State certificate. The applicator will be comparable to the federal requirements. ii. Option 2.—Submitting evidence of
required to submit an EPA pesticide iv. Length of certification. Unless certification as a private applicator
applicator certification form, written suspended or revoked, a certificate under any other federal or EPA-
evidence (copy of certificate, credential, issued under the preceding two approved State or Tribal plan. Region 9
license, or other documentation) of paragraphs is valid for 2 years from the may also issue a certificate to a private
valid certification, and a passport-size date of issuance of the federal applicator valid in Navajo Indian
photograph to the Region 9 Office. certificate, or until the expiration date of Country to private applicators who have
EPA has developed and included in the original certificate on which the been certified as described herein and in
the public docket for this action a draft federal certificate is based, whichever the detailed plan under any other
certification form titled ‘‘Request for occurs first. The Regional Administrator federal or EPA-approved State or Tribal
Pesticide Applicator Certification in will review the EPA-issued certificate certification plan. The applicator will be
Navajo Indian Country’’ (draft EPA for revocation or suspension when the required to complete and submit EPA
Form 8500–17–N). This draft form is State or Tribal certificate upon which it Form 8500–17–N and written evidence
being developed specifically for is based is revoked, suspended, or (copy of certificate, credential, license,
pesticide applicators who wish to be modified. The Administrator may also or other documentation) of valid
certified in Navajo Indian Country. deny, suspend, modify, or revoke a certification to Region 9. The Regional
Using this form, EPA intends to collect certificate pursuant to 40 CFR 171.11(f). Administrator may deny issuance of
certain information from pesticide v. Renewal/recertification. such certificate, if the standards of
applicators, including: Contact Applicators may be recertified by competency for private applicators
information (name, address, telephone successful completion of one of the identified in the other federal, State or
number), State certification options available for original Tribal certificate are not sufficiently
identification number, date of certification during the 12–month comparable to the EPA standards of
expiration and designation of category period preceding expiration of his/her competency.
or subcategory under which applicator certificate. iii. Option 3.—Non-examination
is requesting federal certification. 6. Private applicators. For individuals option. Under this option, a private
Copies of the final certification form seeking certification as private applicator may complete a self-study
will be available from the Region 9 applicators under the federal learning program. The prospective
Office, both in hard copy and on the certification program in Navajo Indian private applicator will be able to obtain
Internet, and from the Navajo Nation Country, EPA will utilize the authority a self-study learning packet and EPA
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Environmental Protection Agency. contained in 40 CFR 171.11(e), as set Form 8500–17–N through Region 9,
Region 9 will verify with the forth in Option 1 and Option 2, below. both in hard copy and on the Internet,
appropriate State certifying agency with If the individual does not wish to take and from the Navajo Nation
whom the applicant is claiming to hold an examination, he or she may choose Environmental Protection Agency. This
a valid/current certificate, to assure that to follow the procedures set forth in option will require the applicator, upon
the certificate on which EPA would base Option 3, below. completion of the program, to return the

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completed program to the EPA Region 9 federal program specified in 40 CFR federally recognized Tribes, has worked
Certification & Training Program 171.11, in Navajo Indian Country. with the Navajo Nation, on a
Manager, who will review any However, in accordance with section government-to-government basis, to
unresolved questions with the 23(a)(1) of FIFRA, the Regional appropriately implement the
applicator, verify that the manual has Administrator may enter into certification program to help ensure the
been completed by the applicator, and cooperative agreements with Indian protection of human health, natural
determine that the applicator is Tribes to delegate to such Tribes the resources, and the environment in
competent to be certified. The authority to cooperate in the Navajo Indian Country. The Navajo
applicator must also complete, sign, and enforcement of the Act. EPA and the Nation has consulted with EPA
submit EPA Form 8500–17–N, through Navajo Nation have entered into a regarding implementation of a federal
which the applicator attests that he or cooperative agreement whereby EPA has certification plan until such time as an
she personally completed the self-study duly designated individuals of the EPA-approved certification plan is in
learning program. Under this option, Navajo Nation’s Pesticide Regulatory place for Navajo Indian Country. EPA
successful completion of the self-study Program as representatives of EPA. As has consulted with the Navajo Nation
learning program is required before such, they may, on behalf of EPA, on periodic conference calls and face-to-
receiving private applicator certification conduct inspections for the purpose of face meetings to ensure development of
in Navajo Indian Country. determining compliance with the a federal plan that effectively meets the
iv. Length of certification. Unless requirements of the Act and the needs of the Navajo Nation and
suspended or revoked, a certificate regulations, including those specified in restricted use pesticide applicators in
issued to a private applicator under 40 CFR 171.11. Navajo Indian Country.
paragraphs i. or ii. of this paragraph is Accordingly, to help ensure that EPA drafted the federal plan in
valid for 3 years from the date of certified applicators comply with consultation with the Navajo Nation
issuance of the federal certificate, or standards for the use of restricted use consistent with, among other things, the
until the expiration date of the original pesticides and to provide adequate following policies, orders and
certificate on which the federal supervision of noncertified applicators, memoranda: EPA Policy for the
certification is based, whichever occurs federally credentialed Tribal inspectors Administration of Environmental
first. A certificate issued under may investigate incidents, accidents, Programs on Indian Reservations,
paragraph iii. of this paragraph is valid and complaints related to pesticide use November 8, 1984, which was
for 4 years, unless suspended or in Navajo Indian Country. Federally reaffirmed by Administrator Johnson on
revoked. The Regional Administrator credentialed Tribal inspectors may also September 26, 2005; Presidential
will review the EPA-issued certificate make routine inspections of pesticide Memorandum, Government-to-
for revocation or suspension, when the manufacturers, distributors, dealers, and Government Relations with Native
State or Tribal certificate upon which it users in Navajo Indian Country. American Tribal Governments, April 29,
is based is revoked, suspended, or In cases where misuse occurs, EPA 1994; Executive Order 13175,
modified. The Administrator may also may, if appropriate, deny, modify, Consultation and Coordination with
deny, suspend, modify, or revoke a suspend, or revoke a certificate, see 40 Indian Tribal Governments, November
certificate pursuant to 40 CFR 171.11(f). CFR 171.11(f), or take an enforcement 6, 2000; Guidance on the Enforcement
v. Renewal/recertification. Private action under FIFRA. Under section 14 of Principles Outlined in the 1984 Indian
applicators may be recertified by FIFRA, 7 U.S.C. 136, as amended by the Policy, January 17, 2001; and
successful completion of one of the Federal Civil Penalties Inflation Administrator memorandum reaffirming
options available for original Adjustment Act of 1990, 28 U.S.C. 2461, EPA Indian Policy on July 11, 2001.
certification during the 12–month and the Federal Civil Penalties Inflation
period preceding expiration of his/her Adjustment Act of 1990, 28 U.S.C. 2461, IV. Paperwork Reduction Act
certificate. and the Debt Collection Improvement Pursuant to the Paperwork Reduction
7. Other provisions of the Plan. In Act of 1996, 31 U.S.C. 3701 (effective Act (PRA) (44 U.S.C. 3501et seq.), the
addition to the certification provisions January 31, 1997), EPA has the authority information collection activities
summarized above, this plan also to assess both civil and criminal described in this document are
requires that all reporting and penalties. Commercial applicators, currently approved under OMB Control
recordkeeping requirements contained wholesalers, dealers, retailers, or other Number 2070–0029. However, EPA is
at 40 CFR 171.11 that apply to certified distributors can be assessed up to a proposing to implement a new form,
commercial applicators, see 40 CFR $6,500 fine for each offense as civil EPA Form 8500–17–N, designed
171.11(c)(7), and restricted use pesticide penalties and up to a $25,000 fine or specifically for pesticide applicators
retail dealers in Navajo Indian Country, imprisonment, for not more than 1 year, who wish to be certified in Navajo
see 40 CFR 171.11(g), are met. In or both, for each offense as criminal Indian Country. EPA estimates the
complying with the 40 CFR 171.11(g) penalties. Private applicators, paperwork burden associated with
requirements for the submission of subsequent to receiving a written completing this new form to be 10
reports, the dealer or dealership must warning, can be assessed a civil penalty minutes per response. Under the PRA,
send such reports to EPA, Region 9, 75 up to $1,200, or a criminal penalty of ‘‘burden’’ means the total time, effort, or
Hawthorne St., Mail Code CMD-5, San not more than a $1,000 fine and/or financial resources expended by persons
Francisco, CA 94105, Attention: FIFRA imprisonment for not more than 30 to generate, maintain, retain, or disclose
Certification and Training Program days, for each offense. or provide information to or for a
Manager. Federal Agency. For this collection it
8. Compliance and enforcement. EPA III. Consultation with the Navajo includes the time needed to review
hsrobinson on PROD1PC70 with NOTICES

has the authority to take action, as Nation instructions; develop, acquire, install,
appropriate, to ensure that restricted use In the absence of an EPA-approved and utilize technology and systems for
pesticides are used in a way that certification program in Navajo Indian the purposes of collecting, validating,
complies with the requirements of Country, EPA, consistent with its and verifying information, processing
FIFRA and the implementing statutory responsibilities and the federal and maintaining information, and
regulations, including provisions of this government’s trust responsibility to disclosing and providing information;

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Federal Register / Vol. 71, No. 23 / Friday, February 3, 2006 / Notices 5843

adjust the existing ways to comply with exemption (TME), and to publish collection of materials that is available
any previously applicable instructions periodic status reports on the chemicals for public viewing at the EPA Docket
and requirements; train personnel to be under review and the receipt of notices Center, Rm. B102-Reading Room, EPA
able to respond to a collection of of commencement to manufacture those West, 1301 Constitution Ave., NW.,
information; search data sources; chemicals. This status report, which Washington, DC. The EPA Docket
complete and review the collection of covers the period from January 1, 2006 Center is open from 8:30 a.m. to 4:30
information; and transmit or otherwise thru January 13, 2006, consists of the p.m., Monday through Friday, excluding
disclose the information. With regard to PMNs pending or expired, and the legal holidays. The EPA Docket Center
the new form, which is included in the notices of commencement to Reading Room telephone number is
public docket for this action, EPA manufacture a new chemical that the (202) 566–1744, and the telephone
specifically solicits comments and Agency has received under TSCA number for the OPPT Docket, which is
information to enable it to: section 5 during this time period. located in the EPA Docket Center, is
1. Evaluate whether the proposed DATES: Comments, identified by the (202) 566–0280.
form is necessary for the proper docket ID number EPA–HQ–OPPT– 2. Electronic access. You may access
performance of the functions of the 2006–0051 and the specific PMN this Federal Register document
Agency, including whether the number or TME number, must be electronically through the EPA Internet
information EPA intends to collect will received on or before March 6, 2006. under the ‘‘Federal Register’’ listings at
have practical utility. http://www.epa.gov/fedrgstr/.
ADDRESSES: Comments/may be
2. Evaluate the accuracy of the EDOCKET, EPA’s electronic public
submitted electronically, by mail, or docket and comment system was
Agency’s estimates of the burdens of the through hand delivery/courier. Follow
proposed collections of information. replaced on November 25, 2005 by an
the detailed instructions as provided in enhanced federal-wide electronic docket
3. Enhance the quality, utility, and Unit I. of the SUPPLEMENTARY
clarity of the information to be management and comment system
INFORMATION. located at http://www.regulations.gov/.
collected.
4. Minimize the burden of the FOR FURTHER INFORMATION CONTACT: Follow the on-line instructions.
collections of information on those who Colby Lintner, Regulatory Coordinator, An electronic version of the public
are to respond, including through the Environmental Assistance Division, docket is available through EPA’s
use of appropriate automated or Office of Pollution Prevention and electronic public docket and comment
electronic collection technologies or Toxics (7408M), Environmental system, EPA Dockets. You may use EPA
other forms of information technology, Protection Agency, 1200 Pennsylvania Dockets at http://www.epa.gov/edocket/
e.g., permitting electronic submission of Ave., NW., Washington, DC 20460– to submit or view public comments,
responses. 0001; telephone number: (202) 554– access the index listing of the contents
1404; e-mail address: TSCA- of the official public docket, and to
List of Subjects Hotline@epa.gov. access those documents in the public
Environmental protection, Pesticides docket that are available electronically.
SUPPLEMENTARY INFORMATION:
and pests. Although not all docket materials may
I. General Information be available electronically, you may still
Dated: January 23, 2006. access any of the publicly available
A. Does this Action Apply to Me? docket materials through the docket
Susan B. Hazen,
Acting Assistant Administrator, Office of This action is directed to the public facility identified in Unit I.B.1. Once in
Prevention, Pesticides and Toxic Substances. in general. As such, the Agency has not the system, select ‘‘search,’’ then key in
[FR Doc. E6–1511 Filed 2–2–06; 8:45 am] attempted to describe the specific the appropriate docket ID number.
BILLING CODE 6560–50–S
entities that this action may apply to. Certain types of information will not
Although others may be affected, this be placed in the EPA Dockets.
action applies directly to the submitter Information claimed as CBI and other
ENVIRONMENTAL PROTECTION of the premanufacture notices addressed information whose disclosure is
AGENCY in the action. If you have any questions restricted by statute, which is not
regarding the applicability of this action included in the official public docket,
[EPA–HQ–OPPT–2006–0051; FRL–7761–2] to a particular entity, consult the person will not be available for public viewing
listed under FOR FURTHER INFORMATION in EPA’s electronic public docket. EPA’s
Certain New Chemicals; Receipt and policy is that copyrighted material will
CONTACT.
Status Information not be placed in EPA’s electronic public
B. How Can I Get Copies of this docket but will be available only in
AGENCY: Environmental Protection
Document and Other Related printed, paper form in the official public
Agency (EPA).
Information? docket. To the extent feasible, publicly
ACTION: Notice.
1. Docket. EPA has established an available docket materials will be made
SUMMARY: Section 5 of the Toxic official public docket for this action available in EPA’s electronic public
Substances Control Act (TSCA) requires under docket identification (ID) number docket. When a document is selected
any person who intends to manufacture EPA–HQ–OPPT–2006–0051. The from the index list in EPA Dockets, the
(defined by statute to include import) a official public docket consists of the system will identify whether the
new chemical (i.e., a chemical not on documents specifically referenced in document is available for viewing in
the TSCA Inventory) to notify EPA and this action, any public comments EPA’s electronic public docket.
comply with the statutory provisions received, and other information related Although not all docket materials may
hsrobinson on PROD1PC70 with NOTICES

pertaining to the manufacture of new to this action. Although a part of the be available electronically, you may still
chemicals. Under sections 5(d)(2) and official docket, the public docket does access any of the publicly available
5(d)(3) of TSCA, EPA is required to not include Confidential Business docket materials through the docket
publish a notice of receipt of a Information (CBI) or other information facility identified in Unit I.B.1. EPA
premanufacture notice (PMN) or an whose disclosure is restricted by statute. intends to work towards providing
application for a test marketing The official public docket is the electronic access to all of the publicly

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