80 FR 9215 - Bacillus Subtilis Strain IAB/BS03; Exemption From the Requirement of a Tolerance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 34 (February 20, 2015)
Federal Register Volume 80, Issue 34 (February 20, 2015)
| Page Range | 9215-9217 | |
| FR Document | 2015-03465 |
[Federal Register Volume 80, Number 34 (Friday, February 20, 2015)] [Rules and Regulations] [Pages 9215-9217] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03465] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2013-0574; FRL-9920-62] Bacillus Subtilis Strain IAB/BS03; Exemption From the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of the fungicide Bacillus subtilis strain IAB/BS03 in or on all food commodities when used in accordance with label directions and good agricultural practices. Investigaciones y Aplicaciones Biotechnologicas (IAB, S.L.) submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of Bacillus subtilis strain IAB/BS03. DATES: This regulation is effective February 20, 2015. Objections and requests for hearings must be received on or before April 21, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2013-0574 is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton 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 (202) 566-1744, and the telephone number for the OPP Docket is (703) 305-5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: BPPDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Crop production (NAICS code 111). Animal production (NAICS code 112). Food manufacturing (NAICS code 311). Pesticide manufacturing (NAICS code 32532). 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 Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2013-0574 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before April 21, 2015. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your [[Page 9216]] objection or hearing request, identified by docket ID number EPA-HQ- OPP-2013-0574, 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 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. II. Background and Statutory Findings In the Federal Register of September 12, 2013 (78 FR 56185) (FRL- 9399-7), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance petition (PP 3F8177) by IAB, S.L. (Investigaciones y Aplicaciones Biotecnologicas S.L.), Avda, Paret del Patriarca 11-B, Ap. 30, 46113 Moncada (Valencia) Spain. The petition requested that 40 CFR part 180 be amended by establishing an exemption from the requirement of a tolerance for residues of Bacillus subtilis strain IAB/BS03. That document referenced a summary of the petition prepared by the petitioner IAB, S.L., at http://www.regulations.gov which was not available in the docket due to an administrative error. In the Federal Register of December 3, 2014 (79 FR 71713) (FRL- 9919-58), EPA reopened the comment period on this petition (PP 3F8177) for 30 days to allow comments on the petition. Two comments received in response to the notice of filing. EPA's response is located in Unit III. D. III. Final Rule A. EPA's Safety Determination Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in FFDCA section 408(b)(2)(C), which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance or tolerance exemption, and to ``ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D) requires that the Agency consider ``available information concerning the cumulative effects of (a particular pesticide's) . . . residues and other substances that have a common mechanism of toxicity.'' Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure to Bacillus subtilis strain IAB/BS03. EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. A full explanation of the data upon which EPA relied and a summary of its risk assessment based on that data can be found within October 15, 2014 document entitled ``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for Bacillus subtilis strain IAB/BS03.'' This document, as well as other relevant information, is available in the docket for this action as described under ADDRESSES. Based upon that evaluation, EPA concludes that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of Bacillus subtilis strain IAB/BS03. Therefore, EPA is establishing an exemption from the requirement of a tolerance for residues of Bacillus subtilis strain IAB/BS03 in or on all food commodities when used in accordance with label directions and good agricultural practices. B. Analytical Enforcement Methodology An analytical method is not required for enforcement purposes for the reasons contained in the document entitled, ``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for Bacillus subtilis strain IAB/BS03'' and because the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation. C. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), which is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. The Codex has not established a MRL for Bacillus subtilis strain IAB/BS03. D. Response to Comments Two general comments were filed opposing the establishment of any tolerance or exemption. The Agency recognizes that some individuals believe that no residue of pesticides should be allowed on foods; however, under the existing legal framework provided by section 408 of the Federal Food, Drug and Cosmetic Act (FFDCA), EPA is authorized to establish pesticide tolerances or exemptions where persons seeking such tolerances or exemptions have demonstrated that the pesticide meets the safety standard imposed by the statute. Based on the available information, EPA has determined that the use of Bacillus subtilis strain IAB/BS03 is safe. IV. Statutory and Executive Order Reviews This action establishes a tolerance exemption under FFDCA section 408(d) in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive [[Page 9217]] Order 13211, entitled ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., nor does it require any special considerations under Executive Order 12898, entitled ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations'' (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance exemption in this final rule, do 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. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). 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, entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action 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. 1501 et seq.). 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). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: February 4, 2015. Jack E. Housenger, Director, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180--[AMENDED] 0 1. The authority citation for part 180 continues to read as follows: Authority: 21 U.S.C. 321(q), 346a and 371. 0 2. Add Sec. 180.1329 to subpart D to read as follows: Sec. 180.1329 Bacillus subtilis strain IAB/BS03, exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain IAB/BS03 in or on all food commodities when used in accordance with label directions and good agricultural practices. [FR Doc. 2015-03465 Filed 2-19-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9215
the Federal Government and Indian * * * * * Pennsylvania Ave. NW., Washington,
tribes. Thus, the Agency has determined [FR Doc. 2015–03458 Filed 2–19–15; 8:45 am] DC 20460–0001; main telephone
that Executive Order 13132, entitled BILLING CODE 6560–50–P number: (703) 305–7090; email address:
‘‘Federalism’’ (64 FR 43255, August 10, BPPDFRNotices@epa.gov.
1999) and Executive Order 13175, SUPPLEMENTARY INFORMATION:
entitled ‘‘Consultation and Coordination ENVIRONMENTAL PROTECTION
with Indian Tribal Governments’’ (65 FR AGENCY I. General Information
67249, November 9, 2000) do not apply A. Does this action apply to me?
to this final rule. In addition, this final 40 CFR Part 180
You may be potentially affected by
rule does not impose any enforceable [EPA–HQ–OPP–2013–0574; FRL–9920–62]
this action if you are an agricultural
duty or contain any unfunded mandate
Bacillus Subtilis Strain IAB/BS03; producer, food manufacturer, or
as described under Title II of the
Exemption From the Requirement of a pesticide manufacturer. The following
Unfunded Mandates Reform Act of 1995
Tolerance list of North American Industrial
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any Classification System (NAICS) codes is
AGENCY: Environmental Protection not intended to be exhaustive, but rather
technical standards that would require Agency (EPA).
Agency consideration of voluntary provides a guide to help readers
ACTION: Final rule. determine whether this document
consensus standards pursuant to section
12(d) of the National Technology applies to them. Potentially affected
This regulation establishes an
SUMMARY:
Transfer and Advancement Act of 1995 entities may include:
exemption from the requirement of a
(NTTAA) (15 U.S.C. 272 note). • Crop production (NAICS code 111).
tolerance for residues of the fungicide
• Animal production (NAICS code
VII. Congressional Review Act Bacillus subtilis strain IAB/BS03 in or
112).
on all food commodities when used in
Pursuant to the Congressional Review accordance with label directions and • Food manufacturing (NAICS code
Act (5 U.S.C. 801 et seq.), EPA will 311).
good agricultural practices.
submit a report containing this rule and Investigaciones y Aplicaciones • Pesticide manufacturing (NAICS
other required information to the U.S. code 32532).
Biotechnologicas (IAB, S.L.) submitted a
Senate, the U.S. House of petition to EPA under the Federal Food, B. How can I get electronic access to
Representatives, and the Comptroller Drug, and Cosmetic Act (FFDCA), other related information?
General of the United States prior to requesting an exemption from the
publication of the rule in the Federal You may access a frequently updated
requirement of a tolerance. This electronic version of 40 CFR part 180
Register. This action is not a ‘‘major regulation eliminates the need to
rule’’ as defined by 5 U.S.C. 804(2). through the Government Publishing
establish a maximum permissible level
Office’s e-CFR site at http://
List of Subjects in 40 CFR Part 180 for residues of Bacillus subtilis strain
www.ecfr.gov/cgi-bin/text-
IAB/BS03.
Environmental protection, idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
DATES: This regulation is effective 40tab_02.tpl.
Administrative practice and procedure,
February 20, 2015. Objections and
Agricultural commodities, Pesticides requests for hearings must be received C. How can I file an objection or hearing
and pests, Reporting and recordkeeping on or before April 21, 2015, and must request?
requirements. be filed in accordance with the Under FFDCA section 408(g), 21
Dated: February 10, 2015. instructions provided in 40 CFR part U.S.C. 346a(g), any person may file an
Susan Lewis, 178 (see also Unit I.C. of the objection to any aspect of this regulation
Director, Registration Division, Office of SUPPLEMENTARY INFORMATION). and may also request a hearing on those
Pesticide Programs. ADDRESSES: The docket for this action, objections. You must file your objection
Therefore, 40 CFR chapter I is identified by docket identification (ID) or request a hearing on this regulation
amended as follows: number EPA–HQ–OPP–2013–0574 is in accordance with the instructions
available at http://www.regulations.gov provided in 40 CFR part 178. To ensure
PART 180—[AMENDED] or at the Office of Pesticide Programs proper receipt by EPA, you must
Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ–
■ 1. The authority citation for part 180
in the Environmental Protection Agency OPP–2013–0574 in the subject line on
continues to read as follows:
Docket Center (EPA/DC), West William the first page of your submission. All
Authority: 21 U.S.C. 321(q), 346a and 371. Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing
■ 2. In § 180.464, add alphabetically the Constitution Ave. NW., Washington, DC must be in writing, and must be
following commodities to the table in 20460–0001. The Public Reading Room received by the Hearing Clerk on or
paragraph (a) to read as follows: is open from 8:30 a.m. to 4:30 p.m., before April 21, 2015. Addresses for
Monday through Friday, excluding legal mail and hand delivery of objections
§ 180.464 Dimethenamid; tolerances for holidays. The telephone number for the
residues.
and hearing requests are provided in 40
Public Reading Room is (202) 566–1744, CFR 178.25(b).
(a) * * * and the telephone number for the OPP In addition to filing an objection or
Docket is (703) 305–5805. Please review hearing request with the Hearing Clerk
Parts per
Commodity million the visitor instructions and additional as described in 40 CFR part 178, please
Rmajette on DSK2VPTVN1PROD with RULES
information about the docket available submit a copy of the filing (excluding
at http://www.epa.gov/dockets. any Confidential Business Information
* * * * * FOR FURTHER INFORMATION CONTACT: (CBI)) for inclusion in the public docket.
Cotton, gin byproducts ......... 1.5 Robert McNally, Biopesticides and Information not marked confidential
Cottonseed subgroup 20C ... 0.01 Pollution Prevention Division (7511P), pursuant to 40 CFR part 2 may be
* * * * * Office of Pesticide Programs, disclosed publicly by EPA without prior
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your
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![Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Rules and Regulations 9217
Order 13211, entitled ‘‘Actions submit a report containing this rule and formal comments received from
Concerning Regulations That other required information to the U.S. multiple stakeholders outlining
Significantly Affect Energy Supply, Senate, the U.S. House of challenges faced by the regulated
Distribution, or Use’’ (66 FR 28355, May Representatives, and the Comptroller community in fully implementing the
22, 2001) or Executive Order 13045, General of the United States prior to provisions of the final rule by the
entitled ‘‘Protection of Children from publication of the rule in the Federal February 6, 2015 mandatory compliance
Environmental Health Risks and Safety Register. This action is not a ‘‘major date.
Risks’’ (62 FR 19885, April 23, 1997). rule’’ as defined by 5 U.S.C. 804(2). DATES: The compliance date for the final
This action does not contain any rule published August 6, 2014, at 79 FR
information collections subject to OMB List of Subjects in 40 CFR Part 180
46012, is extended until August 7, 2015.
approval under the Paperwork Environmental protection, FOR FURTHER INFORMATION CONTACT:
Reduction Act (PRA), 44 U.S.C. 3501 et Administrative practice and procedure, Vincent Babich or Steven Webb
seq., nor does it require any special Agricultural commodities, Pesticides Standards and Rulemaking Division,
considerations under Executive Order and pests, Reporting and recordkeeping Pipeline and Hazardous Materials Safety
12898, entitled ‘‘Federal Actions to requirements. Administration, telephone (202) 366–
Address Environmental Justice in Dated: February 4, 2015. 8553.
Minority Populations and Low-Income
Jack E. Housenger, SUPPLEMENTARY INFORMATION: On August
Populations’’ (59 FR 7629, February 16,
1994). Director, Office of Pesticide Programs. 6, 2014 [79 FR 46012], PHMSA in
Since tolerances and exemptions that consultation with the Federal Aviation
Therefore, 40 CFR chapter I is
are established on the basis of a petition Administration (FAA) published a final
amended as follows:
under FFDCA section 408(d), such as rule under Docket No. PHMSA–2009–
the tolerance exemption in this final PART 180—[AMENDED] 0095 (HM–224F) modifying
rule, do not require the issuance of a requirements governing the
proposed rule, the requirements of the ■ 1. The authority citation for part 180 transportation of lithium cells and
Regulatory Flexibility Act (RFA) (5 continues to read as follows: batteries. The final rule revised hazard
U.S.C. 601 et seq.), do not apply. communication and packaging
Authority: 21 U.S.C. 321(q), 346a and 371.
This action directly regulates growers, provisions for lithium batteries to
food processors, food handlers, and food ■ 2. Add § 180.1329 to subpart D to read harmonize the Hazardous Materials
retailers, not States or tribes, nor does as follows: Regulations (HMR; CFR parts 171–180)
this action alter the relationships or with applicable provisions of the United
§ 180.1329 Bacillus subtilis strain IAB/
distribution of power and BS03, exemption from the requirement of a
Nations (UN) Model Regulations, the
responsibilities established by Congress tolerance. International Civil Aviation
in the preemption provisions of FFDCA Organization’s Technical Instructions
An exemption from the requirement
section 408(n)(4). As such, the Agency for the Safe Transport of Dangerous
of a tolerance is established for residues
has determined that this action will not Goods by Air (ICAO Technical
of Bacillus subtilis strain IAB/BS03 in or
have a substantial direct effect on States Instructions) and the International
on all food commodities when used in
or tribal governments, on the Maritime Dangerous Goods (IMDG)
accordance with label directions and
relationship between the national Code. In the August 6, 2014 final rule,
good agricultural practices.
government and the States or tribal PHMSA authorized a mandatory
[FR Doc. 2015–03465 Filed 2–19–15; 8:45 am] compliance date of February 6, 2015 (six
governments, or on the distribution of
power and responsibilities among the BILLING CODE 6560–50–P months after publication in the Federal
various levels of government or between Register) for shippers to incorporate the
the Federal Government and Indian new requirements into standard
Tribes. Thus, the Agency has DEPARTMENT OF TRANSPORTATION operating procedures and complete
determined that Executive Order 13132, training of affected personnel.
Pipeline and Hazardous Materials The Retail Industry Leaders
entitled ‘‘Federalism’’ (64 FR 43255,
Safety Administration Association, the Food Marketing
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and Institute, the National Retail Federation,
49 CFR Parts 171, 172, 173, and 175 and the Rechargeable Battery
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November [Docket No. PHMSA–2009–0095 (HM–224F)] Association submitted a joint request for
9, 2000) do not apply to this action. In an extension of six months to the
RIN 2137–AE44 current mandatory compliance date.
addition, this action does not impose
any enforceable duty or contain any These groups contend that the six
Hazardous Materials: Transportation of
unfunded mandate as described under month transitional period adopted in
Lithium Batteries
Title II of the Unfunded Mandates the final rule did not provide sufficient
Reform Act (UMRA) (2 U.S.C. 1501 et AGENCY: Pipeline and Hazardous time to comply with the new
seq.). Materials Safety Administration requirements and has proven extremely
This action does not involve any (PHMSA), DOT. challenging for the retail industry to
technical standards that would require ACTION: Final rule; extension of implement in particular for surface
Agency consideration of voluntary compliance date. transportation. The request notes that
consensus standards pursuant to section ‘‘generally, the new regulations require
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12(d) of the National Technology SUMMARY: PHMSA is extending for that domestic ground shipments of
Transfer and Advancement Act modes of transportation other than air products with lithium batteries adhere
(NTTAA) (15 U.S.C. 272 note). the mandatory compliance date of a to shipping standards previously only
final rule published on August 6, 2014, required for international air and sea
V. Congressional Review Act under Docket No. HM–224F from transportation’’. The groups further note
Pursuant to the Congressional Review February 6, 2015, until August 7, 2015. that the detailed information necessary
Act (5 U.S.C. 801 et seq.), EPA will This extension is made in response to for compliance, such as the specific
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Document Created: 2015-12-18 13:01:53
Document Modified: 2015-12-18 13:01:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective February 20, 2015. Objections and requests for hearings must be received on or before April 21, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). | |
| Contact | Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email | |
| FR Citation | 80 FR 9215 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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