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Fenpropathrin in Or on Fuzzy Kiwifruit Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations 70429 copy of the rule, to each House of the shall not postpone the effectiveness of PART 52—APPROVAL AND Congress and to the Comptroller General such rule or action. This action may not PROMULGATION OF of the United States. The EPA will be challenged later in proceedings to IMPLEMENTATION PLANS submit a report containing this action enforce its requirements. See section and other required information to the 307(b)(2). ■ 1. The authority citation for part 52 U.S. Senate, the U.S. House of continues to read as follows: List of Subjects in 40 CFR Part 52 Representatives, and the Comptroller Authority: 42 U.S.C. 7401 et seq. General of the United States prior to Environmental protection, Air publication of the rule in the Federal Subpart C—Alaska Register. A major rule cannot take effect pollution control, Carbon monoxide, until 60 days after it is published in the Incorporation by reference, ■ 2. In § 52.70, the table in paragraph (e) Federal Register. This action is not a Intergovernmental relations, Lead, is amended by: ‘‘major rule’’ as defined by 5 U.S.C. Nitrogen dioxide, Ozone, Particulate ■ a. Revising the entry for ‘‘III.II.D. CAA 804(2). matter, Reporting and recordkeeping Section 110 Infrastructure Certification Under section 307(b)(1) of the CAA, requirements, Sulfur oxides, Volatile Documentation and Supporting petitions for judicial review of this organic compounds. Documents’’; and action must be filed in the United States Authority: 42 U.S.C. 7401 et seq. ■ b. Adding an entry for ‘‘Infrastructure Court of Appeals for the appropriate Requirements—2015 Ozone NAAQS’’ at circuit by February 21, 2020. Filing a Dated: December 2, 2019. the end of the table. petition for reconsideration by the Chris Hladick, The revision and addition read as Administrator of this final rule does not Regional Administrator, Region 10. follows: affect the finality of this action for the purposes of judicial review nor does it For the reasons set forth in the § 52.70 Identification of plan. extend the time within which a petition preamble, 40 CFR part 52 is amended as * * * * * for judicial review may be filed and follows: (e) * * * EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES Applicable geographic or State Name of SIP provision nonattainment area submittal date EPA approval date Explanations ******* State of Alaska Air Quality Control Plan: Volume III. Appendices Section II. State Air Quality Control Program ******* III.II.D. CAA Section 110 In- Statewide ........................... 10/25/2018 12/23/2019, [Insert Federal frastructure Certification Register citation]. Documentation and Sup- porting Documents. ******* Infrastructure Require- Statewide ........................... 10/25/2018 12/23/2019, [Insert Federal Approves SIP for purposes of CAA ments—2015 Ozone Register citation]. section 110(a)(2)(A), (B), (C), NAAQS. (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2015 Ozone NAAQS. [FR Doc. 2019–27159 Filed 12–20–19; 8:45 am] SUMMARY: This regulation establishes a be filed in accordance with the BILLING CODE 6560–50–P time-limited tolerance for residues of instructions provided in 40 CFR part fenpropathrin in or on fuzzy kiwifruit. 178 (see also Unit I.C. of the This action is in response to EPA’s SUPPLEMENTARY INFORMATION). ENVIRONMENTAL PROTECTION granting of an emergency exemption ADDRESSES: The docket for this action, AGENCY under the Federal Insecticide, identified by docket identification (ID) Fungicide, and Rodenticide Act (FIFRA) number EPA–HQ–OPP–2019–0358, is 40 CFR Part 180 authorizing use of the pesticide on fuzzy available at https://www.regulations.gov kiwifruit. This regulation establishes a or at the Office of Pesticide Programs [EPA–HQ–OPP–2019–0358; FRL–10001–86] maximum permissible level for residues Regulatory Public Docket (OPP Docket) of fenpropathrin in or on this in the Environmental Protection Agency Fenpropathrin; Pesticide Tolerances commodity. The time-limited tolerance Docket Center (EPA/DC), West William for Emergency Exemptions expires on December 31, 2022. Jefferson Clinton Bldg., Rm. 3334, 1301 AGENCY: Environmental Protection DATES: This regulation is effective Constitution Ave. NW, Washington, DC Agency (EPA). December 23, 2019. Objections and 20460–0001. The Public Reading Room requests for hearings must be received is open from 8:30 a.m. to 4:30 p.m., ACTION: Final rule. on or before February 21, 2020 and must Monday through Friday, excluding legal VerDate Sep<11>2014 16:18 Dec 20, 2019 Jkt 250001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\23DER1.SGM 23DER1 lotter on DSKBCFDHB2PROD with RULES 70430 Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Rules and Regulations holidays. The telephone number for the OPP–2019–0358 in the subject line on precedents for the application of FFDCA Public Reading Room is (202) 566–1744, the first page of your submission. All section 408 and the safety standard to and the telephone number for the OPP objections and requests for a hearing other tolerances and exemptions. Docket is (703) 305–5805. Please review must be in writing and must be received Section 408(e) of FFDCA allows EPA to the visitor instructions and additional by the Hearing Clerk on or before establish a tolerance or an exemption information about the docket available February 21, 2020. Addresses for mail from the requirement of a tolerance on at https://www.epa.gov/dockets. and hand delivery of objections and its own initiative, i.e., without having FOR FURTHER INFORMATION CONTACT: hearing requests are provided in 40 CFR received any petition from an outside Michael Goodis, Registration Division 178.25(b). party. (7505P), Office of Pesticide Programs, In addition to filing an objection or Section 408(b)(2)(A)(i) of FFDCA Environmental Protection Agency, 1200 hearing request with the Hearing Clerk allows EPA to establish a tolerance (the Pennsylvania Ave. NW, Washington, DC as described in 40 CFR part 178, please legal limit for a pesticide chemical 20460–0001; main telephone number: submit a copy of the filing (excluding residue in or on a food) only if EPA (703) 305–7090; email address: any Confidential Business Information determines that the tolerance is ‘‘safe.’’ [email protected]. (CBI)) for inclusion in the public docket. Section 408(b)(2)(A)(ii) of FFDCA Information not marked confidential defines ‘‘safe’’ to mean that ‘‘there is a SUPPLEMENTARY INFORMATION: pursuant to 40 CFR part 2 may be reasonable certainty that no harm will I. General Information disclosed publicly by EPA without prior result from aggregate exposure to the notice. Submit the non-CBI copy of your pesticide chemical residue, including A. Does this action apply to me? objection or hearing request, identified all anticipated dietary exposures and all You may be potentially affected by by docket ID number EPA–HQ–OPP– other exposures for which there is this action if you are an agricultural 2019–0358, by one of the following reliable information.’’ This includes producer, food manufacturer, or methods: exposure through drinking water and in pesticide manufacturer. The following • Federal eRulemaking Portal: residential settings but does not include list of North American Industrial https://www.regulations.gov. Follow the occupational exposure. Section Classification System (NAICS) codes is online instructions for submitting 408(b)(2)(C) of FFDCA requires EPA to not intended to be exhaustive, but rather comments. Do not submit electronically give special consideration to exposure provides a guide to help readers any information you consider to be CBI of infants and children to the pesticide determine whether this document or other information whose disclosure is chemical residue in establishing a applies to them. Potentially affected restricted by statute. tolerance and to ‘‘ensure that there is a entities may include: • Mail: OPP Docket, Environmental reasonable certainty that no harm will • Crop production (NAICS code 111). Protection Agency Docket Center (EPA/ result to infants and children from • Animal production (NAICS code DC), (28221T), 1200 Pennsylvania Ave. aggregate exposure to the pesticide 112). NW, Washington, DC 20460–0001. chemical residue. .’’ • Food manufacturing (NAICS code • Hand Delivery: To make special Section 18 of FIFRA authorizes EPA 311). arrangements for hand delivery or to exempt any Federal or State agency • Pesticide manufacturing (NAICS delivery of boxed information, please from any provision of FIFRA, if EPA code 32532). follow the instructions at https:// determines that ‘‘emergency conditions www.epa.gov/dockets/where-send- exist which require such exemption.’’ B. How can I get electronic access to comments-epa-dockets. Additional EPA has established regulations other related information? instructions on commenting or visiting governing such emergency exemptions You may access a frequently updated the docket, along with more information in 40 CFR part 166. electronic version of 40 CFR part 180 about dockets generally, is available at III. Emergency Exemption for through the Government Publishing https://www.epa.gov/dockets. Office’s e-CFR site at https:// Fenpropathrin on Fuzzy Kiwifruit and www.ecfr.gov/cgi-bin/text- II. Background and Statutory Findings FFDCA Tolerances idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ EPA, on its own initiative, in According to the Alabama Department 40tab_02.tpl. To access the OCSPP test accordance
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