81_FR_83929 81 FR 83704 - Spodoptera frugiperda

81 FR 83704 - Spodoptera frugiperda

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 225 (November 22, 2016)

Page Range83704-83706
FR Document2016-28099

This regulation establishes an exemption from the requirement of a tolerance for residues of Spodoptera frugiperda multiple nucleopolyhedrovirus strain 3AP2 in or on all food commodities when used in accordance with label directions and good agricultural practices. MacIntosh and Associates, Inc. (on behalf of AgBiTech Pty Ltd.) 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 Spodoptera frugiperda multiple nucleopolyhedrovirus strain 3AP2 under FFDCA.

Federal Register, Volume 81 Issue 225 (Tuesday, November 22, 2016)
[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83704-83706]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28099]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2015-0488; FRL-9953-40]


Spodoptera frugiperda Multiple Nucleopolyhedrovirus Strain 3AP2; 
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 Spodoptera frugiperda multiple 
nucleopolyhedrovirus strain 3AP2 in or on all food commodities when 
used in accordance with label directions and good agricultural 
practices. MacIntosh and Associates, Inc. (on behalf of AgBiTech Pty 
Ltd.) 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 Spodoptera frugiperda multiple 
nucleopolyhedrovirus strain 3AP2 under FFDCA.

DATES: This regulation is effective November 22, 2016. Objections and 
requests for hearings must be received on or before January 23, 2017, 
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-2015-0488, 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: [email protected].

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).

[[Page 83705]]

     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 Printing 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-2015-0488 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 
January 23, 2017. 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 objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2015-0488, 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

    In the Federal Register of November 25, 2015 (80 FR 73695) (FRL-
9937-14), 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 5F8361) by MacIntosh and Associates, Inc., 1203 Hartford 
Ave., St. Paul, MN 55116-1622 (on behalf of AgBiTech Pty Ltd, 8 Rocla 
Ct., Glenvale, Queensland 4350, Australia). The petition requested that 
40 CFR part 180 be amended by establishing an exemption from the 
requirement of a tolerance for residues of Spodoptera frugiperda 
multiple nucleopolyhedrovirus--3AP2 in or on food crops. That document 
referenced a summary of the petition prepared by the petitioner 
MacIntosh and Associates, Inc. (on behalf of AgBiTech Pty Ltd), which 
is available in the docket via http://www.regulations.gov. There were 
no comments received in response to the notice of filing.

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 EPA consider ``available information concerning the 
cumulative effects of a particular pesticide's . . . residues and other 
substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on 
Spodoptera frugiperda multiple nucleopolyhedrovirus strain 3AP2 and 
considered its validity, completeness, and reliability, as well as the 
relationship of this information to human risk. A full explanation of 
the data upon which EPA relied and its risk assessment based on that 
data can be found within the August 31, 2016, document entitled 
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for 
Spodoptera frugiperda Multiple Nucleopolyhedrovirus strain 3AP2.'' This 
document, as well as other relevant information, is available in the 
docket for this action as described under ADDRESSES. Based upon its 
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 Spodoptera frugiperda 
multiple nucleopolyhedrovirus strain 3AP2. Therefore, an exemption from 
the requirement of a tolerance is established for residues of 
Spodoptera frugiperda multiple nucleopolyhedrovirus strain 3AP2 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 August 31, 2016, document entitled 
``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for 
Spodoptera frugiperda Multiple Nucleopolyhedrovirus strain 3AP2'' and 
because EPA is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

IV. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section 
408(d) in response to a petition submitted to EPA. 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 Order 13211, entitled ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), or Executive

[[Page 83706]]

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 action, 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. As a result, this 
action does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 EPA's 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: October 20, 2016.
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.  180.1339 to subpart D to read as follows:


Sec.  180.1339  Spodoptera frugiperda multiple nucleopolyhedrovirus 
strain 3AP2; exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for 
residues of Spodoptera frugiperda multiple nucleopolyhedrovirus strain 
3AP2 in or on all food commodities when used in accordance with label 
directions and good agricultural practices.

[FR Doc. 2016-28099 Filed 11-21-16; 8:45 am]
BILLING CODE 6560-50-P



                                              83704            Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations

                                              observers, including an ability to differentiate        address, telephone, cell and/or fax numbers,          good agricultural practices. MacIntosh
                                              coke oven emissions from condensing water               email address, beginning and ending dates of          and Associates, Inc. (on behalf of
                                              vapor and smoldering coal. The composition              certification, and whether training was for 3-        AgBiTech Pty Ltd.) submitted a petition
                                              of the panel must be approved by the                    year certification or 1-year recertification.
                                                                                                                                                            to EPA under the Federal Food, Drug,
                                              Administrator as part of the training course            This information must be submitted within
                                              approval process. The panel members will be             30 days of the course completion.                     and Cosmetic Act (FFDCA), requesting
                                              EPA, state or local agency personnel, or                   10.1.6 The training provider will                  an exemption from the requirement of a
                                              industry contractors listed in 59 FR 11960              maintain the following records, to be made            tolerance. This regulation eliminates the
                                              (March 15, 1994) or qualified as part of the            available to EPA or its designee on request           need to establish a maximum
                                              training provider approval process of section           (within 30 days of a request):                        permissible level for residues of
                                              10.1 of this method.                                       (a) A file for each Method 303 observer            Spodoptera frugiperda multiple
                                                 Each panel member shall have at least 120            containing the signed certification checklists,       nucleopolyhedrovirus strain 3AP2
                                              days experience in reading visible emissions            certification forms and test results for their
                                                                                                                                                            under FFDCA.
                                              from coke ovens. The visible emissions                  initial certification, and any subsequent
                                              inspections that will satisfy the experience            third-year recertifications. Initial certification    DATES: This regulation is effective
                                              requirement must be inspections of coke                 records must also include documentation               November 22, 2016. Objections and
                                              oven battery fugitive emissions from the                showing successful completion of the                  requests for hearings must be received
                                              emission points subject to emission                     training prerequisites. Testing results from          on or before January 23, 2017, and must
                                              standards under subpart L of this part (i.e.,           any interim recertifications must also be             be filed in accordance with the
                                              coke oven doors, topside port lids, offtake             included, along with any relevant
                                                                                                                                                            instructions provided in 40 CFR part
                                              system(s), and charging operations), using              communications.
                                              either Method 303 or predecessor state or                  (b) A searchable master electronic database        178 (see also Unit I.C. of the
                                              local test methods. A ‘‘day’s experience’’ for          of all persons for whom initial certification,        SUPPLEMENTARY INFORMATION).
                                              a particular inspection is a day on which one           third-year recertification or interim                 ADDRESSES: The docket for this action,
                                              complete inspection was performed for that              recertification. Information contained therein        identified by docket identification (ID)
                                              emission point under Method 303 or a                    must include: The observer’s name,                    number EPA–HQ–OPP–2015–0488, is
                                              predecessor state or local method. A ‘‘day’s            employer, address, telephone, cell and fax            available at http://www.regulations.gov
                                              experience’’ does not mean 8 or 10 hours                numbers and email address, along with the
                                                                                                      beginning and ending dates for each
                                                                                                                                                            or at the Office of Pesticide Programs
                                              performing inspections, or any particular
                                              time expressed in minutes or hours that may             successfully completed initial, third-year and        Regulatory Public Docket (OPP Docket)
                                              have been spent performing them. Thus, it               interim recertification.                              in the Environmental Protection Agency
                                              would be possible for an individual to                     10.1.7 Failure by the training provider to         Docket Center (EPA/DC), West William
                                              qualify as a Method 303 panel member for                submit example training course materials              Jefferson Clinton Bldg., Rm. 3334, 1301
                                              some emission points, but not others (e.g., an          and/or requested training records to the              Constitution Ave. NW., Washington, DC
                                              individual might satisfy the experience                 Administrator may result in suspension of             20460–0001. The Public Reading Room
                                              requirement for coke oven doors, but not                the approval of the provider and course.              is open from 8:30 a.m. to 4:30 p.m.,
                                              topside port lids). Until November 15, 1994,               10.2 Observer Certification/
                                                                                                      Recertification. The coke oven observer
                                                                                                                                                            Monday through Friday, excluding legal
                                              the EPA may waive the certification
                                                                                                      certification is valid for 1 year. The observer       holidays. The telephone number for the
                                              requirement (but not the experience
                                              requirement) for panel members. The                     shall recertify annually by reviewing the             Public Reading Room is (202) 566–1744,
                                              composition of the panel shall be approved              training material, viewing the training video         and the telephone number for the OPP
                                              by the EPA.                                             and answering all of the questions on the             Docket is (703) 305–5805. Please review
                                                 The panel shall observe the trainee in a             recertification test correctly. Every 3 years, an     the visitor instructions and additional
                                              series of training runs and a series of                 observer shall be required to pass the                information about the docket available
                                              certification runs. There shall be a minimum            proficiency test in section 10.1.3 in order to        at http://www.epa.gov/dockets.
                                              of 1 training run for doors, topside port lids,         be certified. The years between proficiency
                                                                                                      tests are referred to as interim years.               FOR FURTHER INFORMATION CONTACT:
                                              and offtake systems, and a minimum of 5
                                              training runs (i.e., 5 charges) for charging.           *      *      *      *       *                        Robert McNally, Biopesticides and
                                              During training runs, the panel can advise              [FR Doc. 2016–28097 Filed 11–21–16; 8:45 am]          Pollution Prevention Division (7511P),
                                              the trainee on proper procedures. There shall           BILLING CODE 6560–50–P
                                                                                                                                                            Office of Pesticide Programs,
                                              be a minimum of 3 certification runs for                                                                      Environmental Protection Agency, 1200
                                              doors, topside port lids, and offtake systems,                                                                Pennsylvania Ave. NW., Washington,
                                              and a minimum of 15 certification runs for              ENVIRONMENTAL PROTECTION                              DC 20460–0001; main telephone
                                              charging (i.e., 15 charges). The certification                                                                number: (703) 305–7090; email address:
                                              runs shall be unassisted. Following the
                                                                                                      AGENCY
                                                                                                                                                            BPPDFRNotices@epa.gov.
                                              certification test runs, the panel shall
                                              approve or disapprove certification based on
                                                                                                      40 CFR Part 180                                       SUPPLEMENTARY INFORMATION:
                                              the trainee’s performance during the                    [EPA–HQ–OPP–2015–0488; FRL–9953–40]                   I. General Information
                                              certification runs. To obtain certification, the
                                              trainee shall demonstrate, to the satisfaction          Spodoptera frugiperda Multiple                        A. Does this action apply to me?
                                              of the panel, a high degree of proficiency in           Nucleopolyhedrovirus Strain 3AP2;
                                              performing Method 303. To aid in evaluating                                                                      You may be potentially affected by
                                                                                                      Exemption From the Requirement of a                   this action if you are an agricultural
                                              the trainee’s performance, a checklist,
                                                                                                      Tolerance                                             producer, food manufacturer, or
                                              approved by the EPA, will be used by the
                                              panel members.                                          AGENCY:  Environmental Protection                     pesticide manufacturer. The following
                                                 10.1.4 Those successfully completing the             Agency (EPA).                                         list of North American Industrial
                                              initial certification or third-year                                                                           Classification System (NAICS) codes is
                                                                                                      ACTION: Final rule.
                                              recertification requirements shall receive a                                                                  not intended to be exhaustive, but rather
sradovich on DSK3GMQ082PROD with RULES




                                              certificate showing certification as a Method           SUMMARY:   This regulation establishes an             provides a guide to help readers
                                              303 observer and the beginning and ending
                                                                                                      exemption from the requirement of a                   determine whether this document
                                              dates of the certification period.
                                                 10.1.5 The training provider will submit             tolerance for residues of Spodoptera                  applies to them. Potentially affected
                                              to the EPA or its designee the following                frugiperda multiple                                   entities may include:
                                              information for each trainee successfully               nucleopolyhedrovirus strain 3AP2 in or                   • Crop production (NAICS code 111).
                                              completing initial certification or third-year          on all food commodities when used in                     • Animal production (NAICS code
                                              recertification training: Name, employer,               accordance with label directions and                  112).


                                         VerDate Sep<11>2014   16:34 Nov 21, 2016   Jkt 241001   PO 00000   Frm 00080   Fmt 4700   Sfmt 4700   E:\FR\FM\22NOR1.SGM   22NOR1


                                                               Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations                                      83705

                                                • Food manufacturing (NAICS code                      available at http://www.epa.gov/                      other substances that have a common
                                              311).                                                   dockets.                                              mechanism of toxicity.’’
                                                • Pesticide manufacturing (NAICS                                                                              EPA evaluated the available toxicity
                                              code 32532).                                            II. Background                                        and exposure data on Spodoptera
                                                                                                        In the Federal Register of November                 frugiperda multiple
                                              B. How can I get electronic access to
                                                                                                      25, 2015 (80 FR 73695) (FRL–9937–14),                 nucleopolyhedrovirus strain 3AP2 and
                                              other related information?
                                                                                                                                                            considered its validity, completeness,
                                                You may access a frequently updated                   EPA issued a document pursuant to
                                                                                                                                                            and reliability, as well as the
                                              electronic version of 40 CFR part 180                   FFDCA section 408(d)(3), 21 U.S.C.
                                                                                                                                                            relationship of this information to
                                              through the Government Printing                         346a(d)(3), announcing the filing of a
                                                                                                                                                            human risk. A full explanation of the
                                              Office’s e-CFR site at http://                          pesticide tolerance petition (PP 5F8361)
                                                                                                                                                            data upon which EPA relied and its risk
                                              www.ecfr.gov/cgi-bin/text-                              by MacIntosh and Associates, Inc., 1203
                                                                                                                                                            assessment based on that data can be
                                              idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                    Hartford Ave., St. Paul, MN 55116–1622
                                                                                                                                                            found within the August 31, 2016,
                                              40tab_02.tpl.                                           (on behalf of AgBiTech Pty Ltd, 8 Rocla
                                                                                                                                                            document entitled ‘‘Federal Food, Drug,
                                                                                                      Ct., Glenvale, Queensland 4350,
                                              C. How can I file an objection or hearing                                                                     and Cosmetic Act (FFDCA)
                                                                                                      Australia). The petition requested that
                                              request?                                                                                                      Considerations for Spodoptera
                                                                                                      40 CFR part 180 be amended by                         frugiperda Multiple
                                                Under FFDCA section 408(g), 21                        establishing an exemption from the                    Nucleopolyhedrovirus strain 3AP2.’’
                                              U.S.C. 346a(g), any person may file an                  requirement of a tolerance for residues               This document, as well as other relevant
                                              objection to any aspect of this regulation              of Spodoptera frugiperda multiple                     information, is available in the docket
                                              and may also request a hearing on those                 nucleopolyhedrovirus—3AP2 in or on                    for this action as described under
                                              objections. You must file your objection                food crops. That document referenced a                ADDRESSES. Based upon its evaluation,
                                              or request a hearing on this regulation                 summary of the petition prepared by the               EPA concludes that there is a reasonable
                                              in accordance with the instructions                     petitioner MacIntosh and Associates,                  certainty that no harm will result to the
                                              provided in 40 CFR part 178. To ensure                  Inc. (on behalf of AgBiTech Pty Ltd),                 U.S. population, including infants and
                                              proper receipt by EPA, you must                         which is available in the docket via                  children, from aggregate exposure to
                                              identify docket ID number EPA–HQ–                       http://www.regulations.gov. There were                residues of Spodoptera frugiperda
                                              OPP–2015–0488 in the subject line on                    no comments received in response to                   multiple nucleopolyhedrovirus strain
                                              the first page of your submission. All                  the notice of filing.                                 3AP2. Therefore, an exemption from the
                                              objections and requests for a hearing                   III. Final Rule                                       requirement of a tolerance is established
                                              must be in writing, and must be                                                                               for residues of Spodoptera frugiperda
                                              received by the Hearing Clerk on or                     A. EPA’s Safety Determination                         multiple nucleopolyhedrovirus strain
                                              before January 23, 2017. Addresses for                                                                        3AP2 in or on all food commodities
                                              mail and hand delivery of objections                       Section 408(c)(2)(A)(i) of FFDCA                   when used in accordance with label
                                              and hearing requests are provided in 40                 allows EPA to establish an exemption                  directions and good agricultural
                                              CFR 178.25(b).                                          from the requirement for a tolerance (the             practices.
                                                In addition to filing an objection or                 legal limit for a pesticide chemical
                                              hearing request with the Hearing Clerk                  residue in or on a food) only if EPA                  B. Analytical Enforcement Methodology
                                              as described in 40 CFR part 178, please                 determines that the exemption is ‘‘safe.’’              An analytical method is not required
                                              submit a copy of the filing (excluding                  Section 408(c)(2)(A)(ii) of FFDCA                     for enforcement purposes for the
                                              any Confidential Business Information                   defines ‘‘safe’’ to mean that ‘‘there is a            reasons contained in the August 31,
                                              (CBI)) for inclusion in the public docket.              reasonable certainty that no harm will                2016, document entitled ‘‘Federal Food,
                                              Information not marked confidential                     result from aggregate exposure to the                 Drug, and Cosmetic Act (FFDCA)
                                              pursuant to 40 CFR part 2 may be                        pesticide chemical residue, including                 Considerations for Spodoptera
                                              disclosed publicly by EPA without prior                 all anticipated dietary exposures and all             frugiperda Multiple
                                              notice. Submit the non-CBI copy of your                 other exposures for which there is                    Nucleopolyhedrovirus strain 3AP2’’ and
                                              objection or hearing request, identified                reliable information.’’ This includes                 because EPA is establishing an
                                              by docket ID number EPA–HQ–OPP–                         exposure through drinking water and in                exemption from the requirement of a
                                              2015–0488, by one of the following                      residential settings but does not include             tolerance without any numerical
                                              methods:                                                occupational exposure. Pursuant to                    limitation.
                                                • Federal eRulemaking Portal: http://                 FFDCA section 408(c)(2)(B), in
                                                                                                      establishing or maintaining in effect an              IV. Statutory and Executive Order
                                              www.regulations.gov. Follow the online
                                                                                                      exemption from the requirement of a                   Reviews
                                              instructions for submitting comments.
                                              Do not submit electronically any                        tolerance, EPA must take into account                   This action establishes a tolerance
                                              information you consider to be CBI or                   the factors set forth in FFDCA section                exemption under FFDCA section 408(d)
                                              other information whose disclosure is                   408(b)(2)(C), which require EPA to give               in response to a petition submitted to
                                              restricted by statute.                                  special consideration to exposure of                  EPA. The Office of Management and
                                                • Mail: OPP Docket, Environmental                     infants and children to the pesticide                 Budget (OMB) has exempted these types
                                              Protection Agency Docket Center (EPA/                   chemical residue in establishing a                    of actions from review under Executive
                                              DC), (28221T), 1200 Pennsylvania Ave.                   tolerance or tolerance exemption and to               Order 12866, entitled ‘‘Regulatory
                                              NW., Washington, DC 20460–0001.                         ‘‘ensure that there is a reasonable                   Planning and Review’’ (58 FR 51735,
                                                • Hand Delivery: To make special                      certainty that no harm will result to                 October 4, 1993). Because this action
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                                              arrangements for hand delivery or                       infants and children from aggregate                   has been exempted from review under
                                              delivery of boxed information, please                   exposure to the pesticide chemical                    Executive Order 12866, this action is
                                              follow the instructions at http://                      residue . . .’’ Additionally, FFDCA                   not subject to Executive Order 13211,
                                              www.epa.gov/dockets/contacts.html.                      section 408(b)(2)(D) requires that EPA                entitled ‘‘Actions Concerning
                                              Additional instructions on commenting                   consider ‘‘available information                      Regulations That Significantly Affect
                                              or visiting the docket, along with more                 concerning the cumulative effects of a                Energy Supply, Distribution, or Use’’ (66
                                              information about dockets generally, is                 particular pesticide’s . . . residues and             FR 28355, May 22, 2001), or Executive


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                                              83706            Federal Register / Vol. 81, No. 225 / Tuesday, November 22, 2016 / Rules and Regulations

                                              Order 13045, entitled ‘‘Protection of                   publication of the rule in the Federal                the Federal Register announcing the
                                              Children from Environmental Health                      Register. This action is not a ‘‘major                effective date for that certification.
                                              Risks and Safety Risks’’ (62 FR 19885,                  rule’’ as defined by 5 U.S.C. 804(2).                 FOR FURTHER INFORMATION CONTACT:
                                              April 23, 1997). This action does not                                                                         Alexander Minard, Wireline
                                                                                                      List of Subjects in 40 CFR Part 180
                                              contain any information collections                                                                           Competition Bureau, (202) 418–7400 or
                                              subject to OMB approval under the                         Environmental protection,                           TTY: (202) 418–0484.
                                              Paperwork Reduction Act (PRA), 44                       Administrative practice and procedure,
                                                                                                                                                            SUPPLEMENTARY INFORMATION: This is a
                                              U.S.C. 3501 et seq., nor does it require                Agricultural commodities, Pesticides
                                                                                                                                                            summary of the Commission’s Order in
                                              any special considerations under                        and pests, Reporting and recordkeeping
                                                                                                                                                            WC Docket No. 10–90; FCC 16–143,
                                              Executive Order 12898, entitled                         requirements.
                                                                                                                                                            adopted on October 24, 2016 and
                                              ‘‘Federal Actions to Address                              Dated: October 20, 2016.                            released on October 31, 2016. The full
                                              Environmental Justice in Minority                       Jack E. Housenger,                                    text of this document is available for
                                              Populations and Low-Income
                                                                                                      Director, Office of Pesticide Programs.               public inspection during regular
                                              Populations’’ (59 FR 7629, February 16,
                                                                                                        Therefore, 40 CFR chapter I is                      business hours in the FCC Reference
                                              1994).
                                                 Since tolerances and exemptions that                 amended as follows:                                   Center, Room CY–A257, 445 12th Street
                                              are established on the basis of a petition                                                                    SW., Washington, DC 20554, or at the
                                              under FFDCA section 408(d), such as                     PART 180—[AMENDED]                                    following Internet address: http://
                                              the tolerance exemption in this action,                                                                       transition.fcc.gov/Daily_Releases/Daily_
                                              do not require the issuance of a                        ■ 1. The authority citation for part 180              Business/2016/db1031/FCC-16-
                                              proposed rule, the requirements of the                  continues to read as follows:                         143A1.pdf.
                                              Regulatory Flexibility Act (RFA) (5                         Authority: 21 U.S.C. 321(q), 346a and 371.        I. Introduction
                                              U.S.C. 601 et seq.) do not apply.                       ■ 2. Add § 180.1339 to subpart D to read
                                                 This action directly regulates growers,                                                                       1. In this Order, the Commission
                                                                                                      as follows:                                           adopts tailored service obligations for
                                              food processors, food handlers, and food
                                              retailers, not States or tribes. As a result,           § 180.1339 Spodoptera frugiperda multiple
                                                                                                                                                            Alaska Communications Systems (ACS),
                                              this action does not alter the                          nucleopolyhedrovirus strain 3AP2;                     a carrier serving a non-contiguous area
                                              relationships or distribution of power                  exemption from the requirement of a                   that elected to receive nearly $20
                                              and responsibilities established by                     tolerance.                                            million annually in Connect America
                                              Congress in the preemption provisions                     An exemption from the requirement                   Phase II frozen support amounts in lieu
                                              of FFDCA section 408(n)(4). As such,                    of a tolerance is established for residues            of model-based support. The
                                              EPA has determined that this action will                of Spodoptera frugiperda multiple                     Commission finds these obligations are
                                              not have a substantial direct effect on                 nucleopolyhedrovirus strain 3AP2 in or                in the public interest and will advance
                                              States or tribal governments, on the                    on all food commodities when used in                  the Commission’s goal of ensuring
                                              relationship between the national                       accordance with label directions and                  universal availability of modern
                                              government and the States or tribal                     good agricultural practices.                          networks capable of providing voice and
                                              governments, or on the distribution of                                                                        broadband service. Specifically, ACS
                                                                                                      [FR Doc. 2016–28099 Filed 11–21–16; 8:45 am]
                                              power and responsibilities among the                                                                          will receive Phase II frozen support for
                                                                                                      BILLING CODE 6560–50–P
                                              various levels of government or between                                                                       a 10-year term and be required to offer
                                              the Federal Government and Indian                                                                             voice service and broadband service at
                                              tribes. Thus, EPA has determined that                                                                         the same speed, latency, usage and
                                              Executive Order 13132, entitled                         FEDERAL COMMUNICATIONS                                pricing metrics as established for Phase
                                              ‘‘Federalism’’ (64 FR 43255, August 10,                 COMMISSION                                            II model-based carriers to at least 31,571
                                              1999), and Executive Order 13175,                                                                             locations, primarily in census blocks
                                                                                                      47 CFR Part 54                                        identified as high-cost that are unserved
                                              entitled ‘‘Consultation and Coordination
                                              with Indian Tribal Governments’’ (65 FR                 [WC Docket No. 10–90; FCC 16–143]                     by unsubsidized competitors, with
                                              67249, November 9, 2000), do not apply                                                                        limited exceptions. These service
                                              to this action. In addition, this action                Connect America Fund                                  obligations strike the appropriate
                                              does not impose any enforceable duty or                                                                       balance of ensuring Alaska consumers
                                              contain any unfunded mandate as                         AGENCY:  Federal Communications                       receive broadband service while also
                                              described under Title II of the Unfunded                Commission.                                           allowing ACS the flexibility to provide
                                              Mandates Reform Act (UMRA) (2 U.S.C.                    ACTION: Final rule.                                   that service in a way that is logical,
                                              1501 et seq.).                                                                                                maximizes its network and is reasonable
                                                 This action does not involve any                     SUMMARY:   In this document, the Federal              considering the unique climate and
                                              technical standards that would require                  Communications Commission                             geographic conditions of its service
                                              EPA’s consideration of voluntary                        (Commission) adopts tailored service                  territory.
                                              consensus standards pursuant to section                 obligations for Alaska Communications
                                                                                                      Systems (ACS), a carrier serving a non-               II. Discussion
                                              12(d) of the National Technology
                                              Transfer and Advancement Act                            contiguous area that elected to receive                 2. As described below, the
                                              (NTTAA) (15 U.S.C. 272 note).                           nearly $20 million annually in Connect                Commission adopts specific service
                                                                                                      America Phase II frozen support                       obligations for ACS as a non-contiguous
                                              V. Congressional Review Act                             amounts in lieu of model-based support.               carrier electing to receive Phase II frozen
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                                                Pursuant to the Congressional Review                  DATES: Effective December 22, 2016,                   support. The service obligations
                                              Act (5 U.S.C. 801 et seq.), EPA will                    except for the certification in paragraph             established today maintain many of the
                                              submit a report containing this rule and                33 which contains a new information                   same public interest standards as those
                                              other required information to the U.S.                  collection requirement that will not be               established for model-based price cap
                                              Senate, the U.S. House of                               effective until approved by the Office of             carriers, but allow flexibility in both
                                              Representatives, and the Comptroller                    Management and Budget. The                            buildout locations and the deployment
                                              General of the United States prior to                   Commission will publish a document in                 schedule to account for the distinctive


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Document Created: 2018-02-14 08:29:03
Document Modified: 2018-02-14 08:29:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective November 22, 2016. Objections and requests for hearings must be received on or before January 23, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ContactRobert 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 Citation81 FR 83704 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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