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Federal Register/Vol. 75, No. 221/Wednesday, November 17 70248 Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices restrictions on the use of lead tackle in such as that sought by petitioners even List of Subjects the state. Other states have outreach and less appropriate today. Environmental protection, Bird, Lead, education and tackle exchange Moreover, the market for fishing gear Lead bullets, Lead fishing sinkers, Lead programs. is changing. While lead tackle may still shot. The comments that EPA has received constitute the largest percentage of the from states and a state organization fishing sinker market, over the last Dated: November 4, 2010. highlight the geographic focus of state decade the availability of fishing sinkers Steve A. Owens, controls on lead fishing tackle. made from other materials has Assistant Administrator, Office of Chemical According to the Association of Fish expanded. New non-lead products have Safety and Pollution Prevention. and Wildlife Agencies, ‘‘the exposure to entered the market, and the market [FR Doc. 2010–28972 Filed 11–16–10; 8:45 am] certain migratory birds (primarily loons, share of lead sinkers has decreased. BILLING CODE 6560–50–P and to a lesser extent, swans) and With improvements in technology, related impacts to populations of those changes in consumer preferences, state- birds is localized, and where impacts level restrictions, and increased market ENVIRONMENTAL PROTECTION have been substantiated to be competition, the market for lead fishing AGENCY significant, state fish and wildlife sinkers is expected to continue to [EPA–HQ–OPPT–2009–0477; FRL–8848–7] agencies have acted to regulate the use decrease while the market for of lead sinkers and jigs. In the northeast, substitutes such as limestone, steel, and Endocrine Disruptor Screening five states have enacted restrictions tungsten fishing sinkers is expected to Program; Second List of Chemicals for (e.g., ban in certain bodies of water; ban continue to increase (Ref. 6). Tier 1 Screening on certain weights and sizes) on the use In sum, EPA is not persuaded that the of lead fishing tackle where studies have action requested by the petitioners—a AGENCY: Environmental Protection identified lead toxicosis as a sweeping national uniform rule on lead Agency (EPA). contributing factor to declining loon in all fishing gear—is necessary. The ACTION: Notice. populations. Some states are also petitioners also have failed to SUMMARY: This document announces the offering a fishing tackle exchange demonstrate that a national ban on lead second list of chemicals and substances program (non-lead for lead products). fishing gear is the least burdensome for which EPA intends to issue test States have thus demonstrated a approach to adequately address the risk orders under the Endocrine Disruptor responsible exercise of their authority to to the environment addressed in the regulate or restrict lead fishing tackle Screening Program (EDSP). EPA petition, as required by TSCA section 6, established the EDSP in response to under circumstances of exposure where given the mix of actions that state it contributes to decline in loon section 408(p) of the Federal Food, agencies and the Federal Government Drug, and Cosmetic Act (FFDCA). This populations’’ (Ref. 2). already are taking to address the impact Several state fish and game agencies second list of chemicals expands the of lead fishing sinkers on local EDSP in an effort to include all submitted comments (Refs. 3–5). All environments. The risk described by the support denial of the petition and pesticides, required by FFDCA, and petitioners does appear to be more adds priority drinking water chemicals provide several reasons why they do not prevalent in some geographic areas than support the actions requested in the into the program for screening as others, and the trend over the past authorized by SDWA section 1457. petition. These comments assert that decade has been for increasing state and mortality from ingestion of lead fishing Today’s publication provides public localized activity regarding lead in notice of EPA’s tentative decision- tackle is rare and is primarily limited to fishing gear. For these reasons, EPA some areas of the country, that states are making in advance of the actual denied the petitioners’ request for a issuance of EDSP testing orders. already working closely with the Fish national ban on lead in all fishing gear. and Wildlife Service on education and DATES: In order for the Agency to exchange programs, and that where V. References consider information and/or comments there have been impacts on loons and 1. American Bird Conservancy, Petition to that may be relevant to the inclusion or trumpeter swans, states have already the Environmental Protection Agency to Ban exclusion of chemicals contained on the taken action. These states contend that Lead Shot, Bullets and Fishing Sinkers under second EDSP list, this information and/ these impacts are best addressed by the Toxic Substances Control Act. August 3, or comments should be received by EPA geographically targeted actions that the 2010. on or before December 17, 2010. states are undertaking. As noted by 2. Association of Fish and Wildlife ADDRESSES: Submit your comments, these commenters, states in the northern Agencies. Letter to Honorable Lisa Jackson, identified by docket identification (ID) part of the country, where the majority Administrator, United States Environmental number EPA–HQ–OPPT–2009–0477, by Protection Agency. September 2, 2010. of the impacts on loons has been one of the following methods: 3. The State of Arizona Game and Fish • observed, have taken action to limit or Department. Letter to Lisa P. Jackson, Federal eRulemaking Portal: http:// ban the use of lead sinkers or have Administrator, United States Environmental www.regulations.gov. Follow the on-line implemented tackle exchange programs. Protection Agency. September 14, 2010. instructions for submitting comments. While it is the case, as petitioners 4. Kentucky Department of Fish & Wildlife • Mail: Document Control Office noted, that 16 years ago, in 1994, EPA Resources Tourism, Art and Heritage Cabinet. (7407M), Office of Pollution Prevention proposed a ban of lead for use in certain Letter to Honorable Lisa Jackson, and Toxics (OPPT), Environmental smaller-sized fishing sinkers under Administrator, United States Environmental Protection Agency, 1200 Pennsylvania TSCA section 6(a)(2)(A), the sweeping Protection Agency. September 15, 2010. Ave., NW., Washington, DC 20460– alternative requested by petitioners was 5. Commonwealth of Virginia Department 0001. not one the Agency, as reflected in its of Game and Inland Fisheries. Letter to • Hand Delivery: OPPT Document Honorable Lisa Jackson, Administrator, proposal, found to be appropriate even United States Environmental Protection Control Office (DCO), EPA East Bldg., then. (59 FR 11122, March 9, 1994). The Agency. September 15, 2010. Rm. 6428, 1201 Constitution Ave., NW., steps that have been taken at the Federal 6. Background Document—TSCA § 21 Washington, DC. Attention: Docket ID and State levels since that time make a Petition; Pb in Fishing Sinkers and Other Number EPA–HQ–OPPT–2009–0477. nationwide ban on all lead fishing gear Components. October 2010. The DCO is open from 8 a.m. to 4 p.m., VerDate Mar<15>2010 16:21 Nov 16, 2010 Jkt 223001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\17NON1.SGM 17NON1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 221 / Wednesday, November 17, 2010 / Notices 70249 Monday through Friday, excluding legal number of the EPA/DC Public Reading B. What should I consider as I prepare holidays. The telephone number for the Room is (202) 566–1744, and the my comments for EPA? DCO is (202) 564–8930. Such deliveries telephone number for the OPPT Docket 1. Submitting CBI. Do not submit this are only accepted during the DCO’s is (202) 566–0280. Docket visitors are information to EPA through normal hours of operation, and special required to show photographic regulations.gov or e-mail. Clearly mark arrangements should be made for identification, pass through a metal the part or all of the information that deliveries of boxed information. detector, and sign the EPA visitor log. you claim to be CBI. For CBI Instructions: Direct your comments to All visitor bags are processed through information in a disk or CD–ROM that docket ID number EPA–HQ–OPPT– an X-ray machine and subject to search. you mail to EPA, mark the outside of the 2009–0477. EPA’s policy is that all Visitors will be provided an EPA/DC disk or CD–ROM as CBI and then comments received will be included in badge that must be visible at all times identify electronically within the disk or the docket without change and may be in the building and returned upon CD–ROM the specific information that made available on-line at http:// departure. is claimed as CBI. In addition to one www.regulations.gov, including any FOR FURTHER INFORMATION CONTACT complete version of the comment that personal information provided, unless : For the comment includes information technical information contact: William includes information claimed as CBI, a claimed to be Confidential Business Wooge, Office of Science Coordination copy of the comment that does not Information (CBI) or other information and Policy, Environmental Protection contain the information claimed as CBI whose disclosure is restricted by statute. Agency, 1200 Pennsylvania Ave., NW., must be submitted for inclusion in the Do not submit information that you Washington, DC 20460–0001; telephone public docket. Information so marked consider to be CBI or otherwise number: (202) 564–8476; e-mail address: will not be disclosed except in protected through regulations.gov or [email protected]. accordance with procedures set forth in e-mail. The regulations.gov Web site is For general information contact: The 40 CFR part 2. an ‘‘anonymous access’’ system, which TSCA-Hotline, ABVI-Goodwill, 422 2.
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