80_FR_37736 80 FR 37610 - Proposed Antimicrobial Pesticide Use Site Index; Notice of Availability and Request for Comment

80 FR 37610 - Proposed Antimicrobial Pesticide Use Site Index; Notice of Availability and Request for Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37610-37611
FR Document2015-16232

EPA is announcing the availability of and requesting public comment on a proposed guidance document called the Antimicrobial Pesticide Use Site Index (USI). The Agency developed this document to provide guidance about antimicrobial pesticide use sites and general antimicrobial pesticide use patterns. This guidance document is intended to assist antimicrobial pesticide applicants and registrants by helping them to identify the 40 CFR part 158 subpart W data requirements that are necessary to register their product(s), and will likewise be used by Agency staff evaluating pesticide applications.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015) 
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Notices]
[Pages 37610-37611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16232]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0302; FRL-9929-42]


Proposed Antimicrobial Pesticide Use Site Index; Notice of 
Availability and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: EPA is announcing the availability of and requesting public 
comment on a proposed guidance document called the Antimicrobial 
Pesticide Use Site Index (USI). The Agency developed this document to 
provide guidance about antimicrobial pesticide use sites and general 
antimicrobial pesticide use patterns. This guidance document is 
intended to assist antimicrobial pesticide applicants and registrants 
by helping them to identify the 40 CFR part 158 subpart W data 
requirements that are necessary to register their product(s), and will 
likewise be used by Agency staff evaluating pesticide applications.

DATES: Comments must be received on or before July 31, 2015.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0302, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     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.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Steven Weiss, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 308-8293; email address: weiss.steven@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be affected by this action if you are a producer of 
pesticide products (NAICS 32532), antifoulants (NAICS 32551), 
antimicrobial pesticides (NAICS 32561), or wood preservatives (NAICS 
32519), importers of such products, or any person or company who seeks 
to register an antimicrobial, antifoulant coating, ballast water 
treatment, or wood preservative pesticide or to obtain a tolerance for 
such a pesticide. 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. 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 could also be affected.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or

[[Page 37611]]

CD-ROM the specific information that is claimed as CBI. In addition to 
one complete version of the comment that includes information claimed 
as CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

C. How can I get copies of this document and other related information?

    A copy of the proposed guidance document is available in the docket 
under docket ID number EPA-HQ-OPP-2015-0302.

II. What action is the Agency taking?

    The Agency is making available for comment a proposed guidance 
document called the ``Antimicrobial Pesticide Use Site Index.'' In the 
Federal Register on May 8, 2013 (78 FR 26936) (FRL-8886-5), the Agency 
published a final rule amending 40 CFR part 158, the section of the 
regulations setting forth the data requirements that support an 
application to register a pesticide product. The final rule, which is 
codified as 40 CFR part 158 subpart W (158W), contains the data 
requirements specifically applicable to antimicrobial pesticides. The 
rule became effective July 8, 2013.
    The proposed guidance document serves as a compilation of the 
specific use sites that are commonly listed on antimicrobial labels. 
The specific use sites are further organized into categories of twelve 
general use patterns. The general use patterns are broad designations 
and are used as columns in the antimicrobial data requirements tables 
to identify which data requirements might be pertinent to the 
particular pesticide use site. The Agency has developed the proposed 
guidance document to provide additional information about these use 
patterns. This guidance document is intended to assist antimicrobial 
pesticide applicants and registrants by helping them to identify the 
data requirements that are necessary to register their product(s), and 
will likewise be used by Agency staff evaluating antimicrobial 
pesticide applications.
    As a guidance document, the association of a particular 
antimicrobial use site with a general antimicrobial use pattern should 
be viewed as a recommendation only and is not to be construed as 
binding on either EPA or any outside parties. EPA may depart from the 
guidance where circumstances warrant and without prior notice.
    The posting of this proposed guidance document for public comment 
satisfies a condition of the March 2, 2015, settlement agreement 
between EPA and the American Chemistry Council (ACC), which followed 
ACC's July 2013 initiation of a legal challenge to the data 
requirements regulation (subpart 158W of Title 40 of the Code of 
Federal Regulations) in the U.S. Court of Appeals for the District of 
Columbia Circuit. Under that settlement agreement, the Agency committed 
to taking comment on this proposed guidance document within 4 months of 
the effective date of the settlement agreement.

    Authority: 7 U.S.C. 136-136y and 21 U.S.C. 346a.

    Dated: June 24, 2015.
Jim Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2015-16232 Filed 6-30-15; 8:45 am]
BILLING CODE 6560-50-P

37610 Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices which means the EPA will not know Benner, the Designated Federal Officer, • Federal eRulemaking Portal: http:// your identity or contact information via any of the contact methods listed in www.regulations.gov. Follow the online unless you provide it in the body of the FOR FURTHER INFORMATION CONTACT instructions for submitting comments. your comment. If you send an email section above. In general, each Do not submit electronically any comment directly to the EPA without individual making an oral presentation information you consider to be going through www.regulations.gov, will be limited to a total of three Confidential Business Information (CBI) your email address will be minutes. Proposed agenda items for the or other information whose disclosure is automatically captured and included as meeting include, but are not limited to, restricted by statute. part of the comment that is placed in the the following: presentation and • Mail: OPP Docket, Environmental public docket and made available on the discussion of the subcommittee’s draft Protection Agency Docket Center (EPA/ Internet. If you submit an electronic responses to the charge questions and DC), (28221T), 1200 Pennsylvania Ave. comment, the EPA recommends that approval of the final draft letter report NW., Washington, DC 20460–0001. you include your name and other prior to its submission to the BOSC • Hand Delivery: To make special contact information in the body of your Executive Committee. arrangements for hand delivery or comment and with any disk or CD–ROM Information on Services for delivery of boxed information, please you submit. If the EPA cannot read your Individuals with Disabilities: For follow the instructions at comment due to technical difficulties information on access or services for http://www.epa.gov/dockets/ and cannot contact you for clarification, individuals with disabilities, please contacts.html. the EPA may not be able to consider contact Tim Benner at (202) 564–6769 Additional instructions on your comment. Electronic files should or benner.tim@epa.gov. To request commenting or visiting the docket, avoid the use of special characters, any accommodation of a disability, please along with more information about form of encryption, and be free of any contact Tim Benner, preferably at least dockets generally, is available at http:// defects or viruses. For additional ten days prior to the conference call, to www.epa.gov/dockets. information about the EPA’s public give the EPA as much time as possible FOR FURTHER INFORMATION CONTACT: docket visit the EPA Docket Center to process your request. Steven Weiss, Antimicrobials Division homepage at http://www.epa.gov/ Dated: June 24, 2015. (7510P), Office of Pesticide Programs, dockets/. Environmental Protection Agency, 1200 Fred S. Hauchman, Docket: All documents in the docket Pennsylvania Ave. NW., Washington, Director, Office of Science Policy. are listed in the www.regulations.gov DC 20460–0001; main telephone index. Although listed in the index, [FR Doc. 2015–16199 Filed 6–30–15; 8:45 am] number: (703) 308–8293; email address: some information is not publicly BILLING CODE 6560–50–P weiss.steven@epa.gov. available, e.g., CBI or other information SUPPLEMENTARY INFORMATION: whose disclosure is restricted by statute. Certain other material, such as ENVIRONMENTAL PROTECTION I. General Information copyrighted material, will be publicly AGENCY A. Does this action apply to me? available only in hard copy. Publicly You may be affected by this action if [EPA–HQ–OPP–2015–0302; FRL–9929–42] available docket materials are available you are a producer of pesticide products either electronically in Proposed Antimicrobial Pesticide Use (NAICS 32532), antifoulants (NAICS www.regulations.gov or in hard copy at Site Index; Notice of Availability and 32551), antimicrobial pesticides (NAICS the Board of Scientific Counselors Request for Comment 32561), or wood preservatives (NAICS (BOSC) Air, Climate, and Energy 32519), importers of such products, or Subcommittee Docket, EPA/DC, William AGENCY: Environmental Protection any person or company who seeks to Jefferson Clinton West Building, Room Agency (EPA). register an antimicrobial, antifoulant 3334, 1301 Constitution Ave. NW., ACTION: Notice. coating, ballast water treatment, or Washington, DC. The Public Reading wood preservative pesticide or to obtain Room is open from 8:30 a.m. to 4:30 SUMMARY: EPA is announcing the availability of and requesting public a tolerance for such a pesticide. The p.m., Monday through Friday, excluding North American Industrial legal holidays. The telephone number comment on a proposed guidance document called the Antimicrobial Classification System (NAICS) codes for the Public Reading Room is (202) have been provided to assist you and 566–1744, and the telephone number for Pesticide Use Site Index (USI). The Agency developed this document to others in determining whether this the ORD Docket is (202) 566–1752. action might apply to certain entities. FOR FURTHER INFORMATION CONTACT: The provide guidance about antimicrobial pesticide use sites and general This listing is not intended to be Designated Federal Officer via mail at: exhaustive, but rather provides a guide Tim Benner, Mail Code 8104R, Office of antimicrobial pesticide use patterns. This guidance document is intended to for readers regarding entities likely to be Science Policy, Office of Research and affected by this action. Other types of Development, U.S. Environmental assist antimicrobial pesticide applicants and registrants by helping them to entities not listed could also be affected. Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; via identify the 40 CFR part 158 subpart W B. What should I consider as I prepare phone/voice mail at: (202) 564–6769; data requirements that are necessary to my comments for EPA? via fax at: (202) 565–2911; or via email register their product(s), and will 1. Submitting CBI. Do not submit this at: benner.tim@epa.gov. likewise be used by Agency staff information to EPA through evaluating pesticide applications. tkelley on DSK3SPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: regulations.gov or email. Clearly mark General Information: The conference DATES: Comments must be received on the part or all of the information that call is open to the public. Any member or before July 31, 2015. you claim to be CBI. For CBI of the public interested in receiving a ADDRESSES: Submit your comments, information in a disk or CD–ROM that draft agenda, attending the conference identified by docket identification (ID) you mail to EPA, mark the outside of the call, or making a presentation during the number EPA–HQ–OPP–2015–0302, by disk or CD–ROM as CBI and then conference call may contact Tim one of the following methods: identify electronically within the disk or VerDate Sep<11>2014 18:30 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1

Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Notices 37611 CD–ROM the specific information that pattern should be viewed as a the Montreal Protocol permit the use. is claimed as CBI. In addition to one recommendation only and is not to be All entities interested in obtaining a complete version of the comment that construed as binding on either EPA or critical use exemption must provide includes information claimed as CBI, a any outside parties. EPA may depart EPA with the technical and economic copy of the comment that does not from the guidance where circumstances information outlined in this notice to contain the information claimed as CBI warrant and without prior notice. support a ‘‘critical use’’ claim by the must be submitted for inclusion in the The posting of this proposed guidance deadline specified in this notice, even if public docket. Information so marked document for public comment satisfies they have applied for an exemption in will not be disclosed except in a condition of the March 2, 2015, previous years. accordance with procedures set forth in settlement agreement between EPA and DATES: Applications for critical use 40 CFR part 2. the American Chemistry Council (ACC), exemptions must be submitted to EPA 2. Tips for preparing your comments. which followed ACC’s July 2013 no later than September 15 of the When preparing and submitting your initiation of a legal challenge to the data calendar year three years prior to the comments, see the commenting tips at requirements regulation (subpart 158W calendar year for which the exemption http://www.epa.gov/dockets/ of Title 40 of the Code of Federal is sought. An application for a critical comments.html. Regulations) in the U.S. Court of use exemption for calendar year 2018, C. How can I get copies of this Appeals for the District of Columbia for example, must be submitted by document and other related Circuit. Under that settlement September 15, 2015. information? agreement, the Agency committed to ADDRESSES: Application forms are taking comment on this proposed available at www.epa.gov/ozone/mbr/ A copy of the proposed guidance guidance document within 4 months of document is available in the docket cueinfo.html. EPA encourages users to the effective date of the settlement submit applications electronically to under docket ID number EPA–HQ– agreement. OPP–2015–0302. arling.jeremy@epa.gov. Users can also Authority: 7 U.S.C. 136–136y and 21 submit applications by U.S. mail to: II. What action is the Agency taking? U.S.C. 346a. U.S. Environmental Protection Agency, The Agency is making available for Dated: June 24, 2015. Office of Air and Radiation, comment a proposed guidance Jim Jones, Stratospheric Protection Division, document called the ‘‘Antimicrobial Assistant Administrator, Office of Chemical Attention Methyl Bromide Team, Mail Pesticide Use Site Index.’’ In the Safety and Pollution Prevention. Code 6205J, 1200 Pennsylvania Ave. Federal Register on May 8, 2013 (78 FR [FR Doc. 2015–16232 Filed 6–30–15; 8:45 am] NW., Washington, DC 20460. 26936) (FRL–8886–5), the Agency Confidentiality: Application materials BILLING CODE 6560–50–P published a final rule amending 40 CFR that are confidential should be part 158, the section of the regulations submitted under separate cover and be setting forth the data requirements that ENVIRONMENTAL PROTECTION clearly identified as ‘‘confidential support an application to register a AGENCY business information.’’ Information pesticide product. The final rule, which covered by a claim of business is codified as 40 CFR part 158 subpart [FRL–9929–86–OAR] confidentiality will be treated in W (158W), contains the data accordance with the procedures for Protection of Stratospheric Ozone: handling such information under 40 requirements specifically applicable to Request for Methyl Bromide Critical CFR part 2, subpart B, and will be antimicrobial pesticides. The rule Use Exemption Applications disclosed only to the extent and by became effective July 8, 2013. The proposed guidance document AGENCY: Environmental Protection means of the procedures set forth in that serves as a compilation of the specific Agency (EPA). subpart. If no claim of confidentiality use sites that are commonly listed on ACTION: Notice. accompanies the information when it is antimicrobial labels. The specific use received by EPA, the information may sites are further organized into SUMMARY: The Environmental Protection be made available to the public by EPA categories of twelve general use Agency (EPA) is providing notice of the without further notice to the submitter patterns. The general use patterns are process for submitting applications for (40 CFR 2.203). EPA may place a copy broad designations and are used as critical use exemptions for 2018 and of Worksheet 6 from the application in columns in the antimicrobial data subsequent years. Critical use the public domain. Any information on requirements tables to identify which exemptions are exceptions to the Worksheet 6 shall not be considered data requirements might be pertinent to phaseout of production and import of confidential and will not be treated as the particular pesticide use site. The methyl bromide, a controlled class I such by the Agency. Agency has developed the proposed ozone-depleting substance. Critical use FOR FURTHER INFORMATION CONTACT: guidance document to provide exemptions must be permitted by the General Information: U.S. EPA additional information about these use Parties to the Montreal Protocol on Stratospheric Ozone Information inbox, patterns. This guidance document is Substances that Deplete the Ozone spdcomment@epa.gov; also intended to assist antimicrobial Layer and must also be in accordance www.epa.gov/ozone/mbr. pesticide applicants and registrants by with the Clean Air Act and EPA Technical Information: Bill Chism, helping them to identify the data regulations. Applications received in U.S. Environmental Protection Agency, requirements that are necessary to response to this notice will be Office of Pesticide Programs (7503P), tkelley on DSK3SPTVN1PROD with NOTICES register their product(s), and will considered as the basis for submitting 1200 Pennsylvania Ave. NW., likewise be used by Agency staff potential nominations for critical use Washington, DC 20460, 703–308–8136. evaluating antimicrobial pesticide exemptions to future Meetings of the Email: chism.bill@epa.gov. applications. Parties to the Montreal Protocol. Critical Regulatory Information: Jeremy As a guidance document, the use exemptions allow production, Arling, U.S. Environmental Protection association of a particular antimicrobial import, and use of methyl bromide in Agency, Stratospheric Protection use site with a general antimicrobial use the specific year for which the Parties to Division (6205T), 1200 Pennsylvania VerDate Sep<11>2014 18:30 Jun 30, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\01JYN1.SGM 01JYN1


Document Created: 2015-12-15 13:18:53
Document Modified: 2015-12-15 13:18:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be received on or before July 31, 2015.
ContactSteven Weiss, Antimicrobials Division (7510P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation80 FR 37610 
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR