[Federal Register Volume 81, Number 213 (Thursday, November 3, 2016)]
[Notices]
[Pages 76578-76580]
[FR Doc No: 2016-26620]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0762; FRL-9953-06]

Registration Review; Conventional, Biopesticide and Antimicrobial
Pesticides Dockets Opened for Review and Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: With this document, EPA is opening the public comment period
for several registration reviews for the list of chemicals identified
in the table in Unit III. Registration review is EPA's periodic review
of pesticide registrations to ensure that each pesticide continues to
satisfy the statutory standard for registration, that is, the pesticide
can perform its intended function without unreasonable adverse effects
on human health or the environment. Registration review dockets contain
information that will assist the public in understanding the types of
information and issues that the Agency may consider during the course
of registration reviews. Through this program, EPA is ensuring that
each pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.
This document also announces that the Agency has closed the
registration review case for bromine chloride (case 5008) and that it
will not be opening registration review dockets for the following
cases: Xylene (aromatic solvents, case 3020); butafenacil (case 7261),
naptalam (case 0183); spiroxamine (case 7040); polyethoxylated alcohols
& polyethoxylated aliphatic alcohols (case 3119); and carbofuran (case
0101).

DATES: Comments must be received on or before January 3, 2017.

ADDRESSES: Submit your comments identified by the docket identification
(ID) number for the specific pesticide of interest provided in the
table in Unit III.A., 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: For pesticide specific information
contact: The person identified as a contact in the table in Unit III.A.
Also include the docket ID number listed in the table in Unit III.A.
for the pesticide of interest.
    For general information contact: Richard Dumas, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farmworker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action.

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 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.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Authority

    EPA is initiating its reviews of the pesticides identified in this
document pursuant to section 3(g) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136a(g)) and the
Procedural Regulations for Registration Review at 40 CFR part 155,
subpart C. Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

III. Registration Reviews

A. What action is the agency taking?

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations identified in the table in this unit to assure that they
continue to satisfy the FIFRA standard for registration--that is, they
can still be used without unreasonable adverse effects on human health
or the environment. A pesticide registration review begins when the
Agency establishes a docket for the pesticide registration review case
and opens the docket for public review and comment. At present, EPA is
opening registration review dockets for the cases identified in the
following table.

               Table--Registration Review Dockets Opening
------------------------------------------------------------------------
 Registration review case name
          and number             Docket ID number         Contact
------------------------------------------------------------------------
4-Aminopyridine, 0015.........  EPA-HQ-OPP-2016-0  Moana Appleyard,
                                 030<EMAIL_ADDRESS>(703) 308-8175.
Aliphatic Alcohols (C6-C16),    EPA-HQ-OPP-2016-0  Andrew Reighart,
 4004.                           261<EMAIL_ADDRESS>(703) 347-0469.
Aliphatic Solvents, 3004......  EPA-HQ-OPP-2015-0  Veronica Dutch,
                                 767<EMAIL_ADDRESS>(703) 308-8585.
Alkyl Dimethyl Benzyl Ammonium  EPA-HQ-OPP-2015-0  Rachel Ricciardi,
 Chloride (ADBAC), 0350.         737<EMAIL_ADDRESS>(703) 347-
                                                    0465. Maria Piansay,
<EMAIL_ADDRESS>(703) 308-8063.
Bacillus thuringiensis Plant-   EPA-HQ-OPP-2016-0  Alan Reynolds,
 incorporated Protectants in     475<EMAIL_ADDRESS> Cotton-Lepidopteran Pests,                         v,<PHONE_NUMBER>.
 6504.
Butoxypolypropylene Glycol,     EPA-HQ-OPP-2016-0  Veronica Dutch,
 3123.                           048<EMAIL_ADDRESS>(703) 308-8585.
Chlormequat Chloride, 7069....  EPA-HQ-OPP-2015-0  Jordan Page,
                                 816<EMAIL_ADDRESS><PHONE_NUMBER>.
Dicloran (DCNA), 0113.........  EPA-HQ-OPP-2016-0  James Parker,
                                 141<EMAIL_ADDRESS>                                                    ,<PHONE_NUMBER>.
Didecyl Dimethyl Ammonium       EPA-HQ-OPP-2015-0  Rachel Ricciardi,
 Chloride (DDAC), 3003.          740<EMAIL_ADDRESS>(703) 347-
                                                    0465. Maria Piansay,
<EMAIL_ADDRESS>(703) 308-8063.
Dodine and Dodecylguanidine     EPA-HQ-OPP-2015-0  Wilhelmena
 hydrochloride (DGH), 0161.      477.               Livingston,
<EMAIL_ADDRESS>(703) 308-
                                                    8025. Stephen
                                                    Savage,
<EMAIL_ADDRESS>(703) 347-0345.
Flumethrin, 7456..............  EPA-HQ-OPP-2016-0  Maria Piansay,
                                 031<EMAIL_ADDRESS>(703) 308-8063.
Formaldehyde and                EPA-HQ-OPP-2015-0  Sandra O'Neill,
 Paraformaldehyde, 0556.         739<EMAIL_ADDRESS>(703) 347-0141.
Mefluidide and Salts, 2370....  EPA-HQ-OPP-2015-0  Susan Bartow,
                                 786<EMAIL_ADDRESS>                                                    ,<PHONE_NUMBER>.
Metaflumizone, 7446...........  EPA-HQ-OPP-2016-0  Nathan Sell,
                                 417<EMAIL_ADDRESS><PHONE_NUMBER>.
Naphthalene, 0022.............  EPA-HQ-OPP-2016-0  Miguel Zavala,
                                 113<EMAIL_ADDRESS>(703) 347-0504.
Napropamide, 2450.............  EPA-HQ-OPP-2016-0  Linsey Walsh,
                                 019<EMAIL_ADDRESS>                                                    ,<PHONE_NUMBER>.
Para-dichlorobenzene, 3058....  EPA-HQ-OPP-2016-0  Miguel Zavala,
                                 117<EMAIL_ADDRESS>(703) 347-0504.
Peroxyoctanoic Acid, 5081.....  EPA-HQ-OPP-2016-0  Stephen Savage,
                                 341<EMAIL_ADDRESS>(703) 347-0345.
Phosphorous Acids and Salts,    EPA-HQ-OPP-2016-0  Menyon Adams,
 6035.                           488<EMAIL_ADDRESS>(703) 347-8496.
Phytophthora palmivora, 4105..  EPA-HQ-OPP-2016-0  Kathleen Martin,
                                 451<EMAIL_ADDRESS>(703) 308-2857.

Pyrasulfotole, 7272...........  EPA-HQ-OPP-2016-0  Marquea D. King,
                                 391<EMAIL_ADDRESS>                                                    ,<PHONE_NUMBER>.
Tembotrione, 7273.............  EPA-HQ-OPP-2016-0  Linsey Walsh,
                                 063<EMAIL_ADDRESS>                                                    ,<PHONE_NUMBER>.
------------------------------------------------------------------------

    This document also announces the closure of the registration review
case for bromine chloride (case 5008 and Docket ID Number: EPA-HQ-OPP-
2009-0025) because all of the registrations in the U.S. have been
canceled. In addition, EPA is announcing that it will not be opening a
docket for the following cases: xylene (aromatic solvents, case 3020),
butafenacil (case 7261), naptalam (case 0183), spiroxamine (case 7040),
and polyethoxylated alcohols & polyethoxylated aliphatic alcohols (case
3119). These pesticide active ingredients are not included in any
products currently registered under FIFRA section 3 and FIFRA section
24(c). Furthermore, EPA is announcing that it will not be opening the
docket for carbofuran (case 0101) because there are no active end-use
product registrations.

B. Docket Content

    1. Review dockets. The registration review dockets contain
information that the Agency may consider in the course of the
registration review. The Agency may include information from its files
including, but not limited to, the following information:
     An overview of the registration review case status.
     A list of current product registrations and registrants.
     Federal Register notices regarding any pending
registration actions.
     Federal Register notices regarding current or pending
tolerances.
     Risk assessments.
     Bibliographies concerning current registrations.
     Summaries of incident data.
     Any other pertinent data or information.
    Each docket contains a document summarizing what the Agency
currently knows about the pesticide case and a preliminary work plan
for anticipated data and assessment needs. Additional documents provide
more detailed information. During this public comment period, the
Agency is asking that interested persons identify any additional
information they believe the Agency should consider during the
registration reviews of these pesticides. The Agency identifies in each
docket the areas where public comment is specifically requested, though
comment in any area is welcome.
    2. Other related information. More information on these cases,
including the active ingredients for each case, may be located in the
registration review schedule on the Agency's Web site at https://www.epa.gov/pesticide-reevaluation/registration-review-schedules.
Information on the Agency's registration review program and its
implementing regulation may be seen at http://www.epa.gov/pesticide-reevaluation/registration-review-process.
    3. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority: 7 U.S.C. 136 et seq.

    Dated: October 14, 2016.
Yu-Ting Guilaran,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-26620 Filed 11-2-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 157 (Monday, August 15, 2011)]
[Rules and Regulations]
[Pages 50433-50435]
[FR Doc No: 2011-20663]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 390

[Docket No. FMCSA-2011-0146]

Regulatory Guidance: Applicability of the Federal Motor Carrier
Safety Regulations to Operators of Certain Farm Vehicles and Off-Road
Agricultural Equipment

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of regulatory guidance.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) sought
public comment on three issues related to the applicability of the
Federal Motor Carrier Safety Regulations (FMCSRs) to operators of farm
vehicles: first, the interpretation of interstate commerce as it
applies to movement of farm products; second, whether farmers operating
under share-cropping agreements are common or contract carriers; and
third, whether FMCSA should issue new guidance on implements of
husbandry. After considering comments from the public, FMCSA has
determined that no further guidance is needed on interpreting
interstate commerce and implements of husbandry. FMCSA is issuing
guidance that farmers operating under share-cropping or similar
arrangements are not common or contract carriers and, therefore, are
eligible for the CDL exemption if a State elects to adopt the
exemption.

DATES: August 15, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590, Phone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Legal Basis

    The Motor Carrier Act of 1935 (74, 49 Stat. 543, August 9, 1935)
(1935 Act) provides that the Secretary of Transportation may prescribe
requirements for (1) qualifications and maximum hours of service of
employees of, and safety of operation and equipment of, a motor
carrier; and (2) qualifications and maximum hours of service of
employees of, and standards of equipment of, a motor private carrier,
when needed to promote safety of operation (49 U.S.C. 31502(b)).
    The Motor Carrier Safety Act of 1984 (98, Title II, 98 Stat. 2832,
October 30, 1984) (1984 Act) provides concurrent authority to regulate
drivers, motor carriers, and vehicle equipment. It requires the
Secretary of Transportation to prescribe regulations that ensure that:
(1) Commercial motor vehicles (CMVs) are maintained, equipped, loaded,
and operated safely; (2) the responsibilities imposed on operators of
CMVs do not impair their ability to operate the vehicles safely; (3)
the physical condition of operators of CMVs is adequate to enable them
to operate the vehicles safely; and (4) the operation of CMVs does not
have a deleterious effect on the physical condition of the operators
(49 U.S.C. 31136(a)). Section 211 of the 1984 Act also grants the
Secretary broad power in carrying out motor carrier safety statutes and
regulations to ``prescribe recordkeeping and reporting requirements''
and to ``perform other acts the Secretary considers appropriate'' (49
U.S.C. 31133(a)(8) and (10), respectively).
    The Commercial Motor Vehicle Safety Act of 1986 (99, Title XII, 100
Stat. 3207-170, October 27, 1986) (1986 Act) directs the Secretary of
Transportation to prescribe regulations on minimum standards for
testing and ensuring the fitness of an individual operating a
commercial motor vehicle (49 U.S.C. 31305(a)). The States must use
those standards in issuing commercial driver's licenses (CDLs) (49
U.S.C. 31311, 31314).
    The FMCSA Administrator has been delegated authority under 49 CFR
1.73(L), (g), and (e)(1) to carry out the functions vested in the
Secretary of Transportation by the 1935 Act, the 1984 Act, and the 1986
Act, respectively.

Background

    On May 31, 2011, FMCSA issued a notice seeking public comment on
three issues related to the applicability of the Federal Motor Carrier
Safety Regulations (FMCSRs) to operators of farm vehicles (76 FR
31279). Recognizing that changes in regulatory guidance (if implemented
by a State) could have an impact on an individual farmer, the Agency
sought as much public involvement and comment as possible on these
issues.
    It is worth repeating that neither the May 31 notice nor today's
notice propose or proposed any rule change or new safety requirements.
Instead, the Agency sought feedback from farm organizations, farmers,
and the public on the agency's long-standing interpretations of
existing rules, so it could then determine whether any adjustments were
needed to improve understanding of the current safety regulations.
    First, the Agency sought comment on whether it needed to provide
additional guidance or information to explain the distinction between
intra- and interstate commerce in the agricultural industry. Second,
the Agency asked whether it should distinguish between indirect and
direct compensation in deciding whether a farm vehicle driver is
eligible for the exception to the commercial driver's license (CDL)
requirements in 49 CFR 383.3(d)(1). Third, the Agency asked for
comments on how best to define implements of husbandry so that such
equipment is exempted from safety regulations in a uniform, practical

manner. In response to requests, FMCSA extended the initial comment
period from June 30, 2011, to August 1, 2011. FMCSA received about
1,700 comments on the notice, including more than 155 from farm
organizations and 13 from State governments.

Interstate Versus Intrastate Commerce

    The issue of what constitutes interstate commerce has been
adjudicated many times over many decades, and FMCSA's interpretations
are governed by the findings of the Federal courts. Although the
various cases are heavily fact-specific, the general rule is set forth
in the Agency's guidance to Q. 6 under 49 CFR 390.3, which is posted on
our Web site:

    Interstate commerce is determined by the essential character of
the movement, manifested by the shipper's fixed and persistent
intent at the time of the shipment, and is ascertained from all of
the facts and circumstances surrounding the transportation. When the
intent of the transportation being performed is interstate in
nature, even when the route is within the boundaries of a single
State, the driver and CMV are subject to the FMCSRs.
Comments
    Many commenters misinterpreted FMCSA's request for input on whether
it needed to provide additional guidance on interstate versus
intrastate commerce. Commenters almost uniformly opposed any
interpretation of interstate commerce that would consider movement of
products from a farm to a grain elevator in the same state as
interstate commerce. The commenters argued that the farmer who moves a
crop to a local elevator and sells it has no control over its ultimate
destination and no knowledge of that destination, which could change
from sale to sale. The elevator mixes crops from multiple farmers and
sells the mixed crops without the farmers' involvement. Some of the
crop may move out of state, but in many cases, the crop is sold to
local processors. In either case, the farmer has no way of knowing the
destination. They also argued that the movement from farm to elevator
is generally local--5 to 10 miles--on rural roads with little traffic.
They stated that FMCSA has not identified any safety risk that would
justify imposing interstate operating rules on these local, seasonal
moves. The primary concern of commenters expressed by many farm
organizations was that by designating these farm-to-elevator moves as
interstate the farmers would have to obtain a CDL and comply with other
operating rules. The commenters noted the cost of obtaining a CDL and a
medical certificate as well as the issue that CDLs are only available
to those 21 years old or older. Commenters stated that many farm
vehicles are driven by younger family members.
FMCSA Response
    The Agency has concluded that new regulatory guidance concerning
the distinction between interstate and intrastate commerce is not
necessary. FMCSA believes that previously published guidance, such as
that referenced in the May 31, 2011, notice, is useful and that
attempting to address more scenarios in new regulatory guidance would
not be helpful to the agricultural industry or enforcement officials.
To the extent that novel fact-specific questions arise, the Agency will
work with the parties involved to provide a clarification for the
specific scenario. FMCSA notes that the farm exemption from the CDL
rules is not linked to intrastate or interstate commerce. A State may
exempt farmers from the CDL requirements if they operate in interstate
commerce provided that they meet the other requirements of the
exemption.

Contract Carriage

Comments
    Commenters opposed any interpretation of the rules that would make
a tenant farmer a contract carrier. They stated that for those with
share cropping agreements, which can be either formal or informal, the
farmer compensates the landowner by paying a portion of the proceeds
from the sale of the crop after the crop is delivered to the grain
elevator. They argued that because the farmer owns the crop until it is
delivered for sale, whether the farmer is compensated directly or
indirectly for transporting the grain is irrelevant. The farmer should
be considered in private transportation.
FMCSA Response
    FMCSA appreciates the information that it received on this issue
and agrees with commenters that tenants should not be considered
contract carriers. Since 1935, the Federal government has been required
to regulate the safety, but not the commercial affairs, of carriers
whose principal business is not transportation. This is usually called
the ``primary business'' test (see 49 U.S.C. 13505). Section
383.3(d)(1)(iii) was meant to deny the CDL exception to drivers of
vehicles ``used in the operations of a common or contract motor
carrier'' when transportation is the principal business of the carrier,
a conclusion that follows from the use of terminology created by the
Motor Carrier Act of 1935 to describe two branches of the for-hire
truck and bus industry, i.e., common and contract carriage. The
exclusion from the CDL exception of drivers for common and contract
carriers was not meant to reach drivers working for a primary business
other than transportation whose driving is within the scope of, and
furthers, that primary non-transportation business. Trucking is a
necessary adjunct of agricultural production, but it is by no means the
purpose of farming. Section 383.3(d)(1)(iii) therefore denies the CDL
exemption to drivers for commercial common or contract carriers, but
not to drivers hauling both the farmer's and the landlord's crops under
a crop share agreement, even if the sharecropper is specifically
compensated for performing the transportation. In other words, the CDL
exemption is equally available to (1) Farmers who own their land and
haul their crops to market; (2) farmers who rent their land for cash
and haul their crops to market; and (3) farmers who rent their land for
a share of the crops and haul their own and the landlord's crops to
market. These farmers continue to be eligible for the CDL exemption if
a State elects to provide the exemption.

Implements of Husbandry

Comments
    Many commenters misinterpreted FMCSA's notice on implements of
husbandry. FMCSA was seeking comment on whether it needed to issue
additional interpretative guidance to clarify that implements of
husbandry, such as tractors, cultivators, reapers, etc., were not
considered CMVs even if they are occasionally driven on public roads.
Many commenters, however, assumed that FMCSA intended to define this
equipment as CMVs, which would expose the vehicles to different State
requirements (higher registration fees, higher insurance requirements,
etc.) and might require a CDL for the driver. They opposed any such
extension of the CMV definition. Those commenters that addressed
FMCSA's proposed guidance generally supported it, but made a number of
suggestions for defining implements of husbandry based on varying State
definitions and recommended restrictions that could be placed on these
vehicles (e.g., speed limits, warning signs, distance traveled, etc.).
FMCSA Response
    As FMCSA stated in the notice, its goal was to ensure that
implements of husbandry were not considered CMVs for its purposes.
Based on the variety of

State definitions and the varying restrictions States impose (e.g.,
speed limits, signs, etc.), FMCSA has decided that uniform guidance
would be difficult to draft and that further discussions of this issue
are better left to case-by-case analysis.

Conclusion

    The FMCSA is sensitive to the critical role agriculture plays in
our economy and farmers in our communities and it greatly appreciates
the public comments to its May 31, 2011, notice. These comments have
helped us better understand the complexity of farm lease arrangements
and today's use of farm equipment on public roads.

    Issued on: August 10, 2011.
William A. Bronrott,
Deputy Administrator.
[FR Doc. 2011-20663 Filed 8-12-11; 8:45 am]
BILLING CODE 4910-EX-P