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Federal Register/Vol. 80, No. 248/Monday, December 28, 2015

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Federal Register/Vol. 80, No. 248/Monday, December 28, 2015 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations 80653 individually or cumulatively have a (2) This safety zone is closed to all contact information on the product’s significant effect on the human vessel traffic, except as may be label. These changes will provide more environment. This rule involves the permitted by the Captain of the Port, consistent information for consumers establishment of a safety zone for the Lake Michigan or a designated on-scene and clearer regulations for producers, New Year’s Eve firework displays on the representative. and will simplify compliance Main Branch of the Chicago River. It is (3) The ‘‘on-scene representative’’ of determination by states, tribes, and EPA. categorically excluded from further the Captain of the Port, Lake Michigan DATES: This final rule is effective review under paragraph 34(g) of Figure is any Coast Guard commissioned, February 26, 2016. The compliance date 2–1 of the Commandant Instruction. An warrant or petty officer who has been for the requirements to label ingredients environmental analysis checklist designated by the Captain of the Port, with a label display name and to supporting this determination and a Lake Michigan to act on his or her provide company contact information Categorical Exclusion Determination are behalf. on the label is February 26, 2019. (4) Vessel operators desiring to enter available in the docket where indicated ADDRESSES: or operate within the safety zone shall The docket for this action, under ADDRESSES. We seek any identified by docket identification (ID) comments or information that may lead contact the Captain of the Port, Lake Michigan or an on-scene representative number EPA–HQ–OPP–2010–0305, is to the discovery of a significant available at http://www.regulations.gov environmental impact from this rule. to obtain permission to do so. The Captain of the Port, Lake Michigan or an or at the Office of Pesticide Programs G. Protest Activities on-scene representative may be Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency The Coast Guard respects the First contacted via VHF Channel 16. Vessel Docket Center (EPA/DC), West William Amendment rights of protesters. operators given permission to enter or Jefferson Clinton Bldg., Rm. 3334, 1301 Protesters are asked to contact the operate in the safety zone must comply Constitution Ave. NW., Washington, DC person listed in the FOR FURTHER with all directions given to them by the 20460–0001. The Public Reading Room INFORMATION CONTACT section to Captain of the Port, Lake Michigan, or is open from 8:30 a.m. to 4:30 p.m., coordinate protest activities so that your an on-scene representative. Monday through Friday, excluding legal message can be received without Dated: December 11, 2015. holidays. The telephone number for the jeopardizing the safety or security of A.B. Cocanour, Public Reading Room is (202) 566–1744, people, places or vessels. Captain, U. S. Coast Guard, Captain of the and the telephone number for the OPP List of Subjects in 33 CFR Part 165 Port, Lake Michigan. Docket is (703) 305–5805. Please review Harbors, Marine safety, Navigation [FR Doc. 2015–32642 Filed 12–24–15; 8:45 am] the visitor instructions and additional (water), Reporting and recordkeeping BILLING CODE 9110–04–P information about the docket available requirements, Security measures, at http://www.epa.gov/dockets. Waterways. FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION Ryne Yarger, Field and External Affairs For the reasons discussed in the AGENCY preamble, the Coast Guard amends 33 Divisions (7506P), Office of Pesticide CFR part 165 as follows: Programs, Environmental Protection 40 CFR Part 152 Agency, 1200 Pennsylvania Ave. NW., PART 165—REGULATED NAVIGATION [EPA–HQ–OPP–2010–0305; FRL–9934–44] Washington, DC 20460–0001; telephone number: (703) 605–1193; fax number: AREAS AND LIMITED ACCESS AREAS RIN 2070–AJ79 (703) 305–5884; email address: ■ 1. The authority citation for part 165 Pesticides; Revisions to Minimum Risk [email protected]. continues to read as follows: Exemption SUPPLEMENTARY INFORMATION: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; I. Executive Summary 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; AGENCY: Environmental Protection Department of Homeland Security Delegation Agency (EPA). A. Does this action apply to me? No. 0170.1. ACTION: Final rule. You may be affected by this action if ■ 2. Add § 165.T09–1074 to read as SUMMARY: EPA is revising its regulations you manufacture, distribute, sell, or use follows: to more clearly describe the active and minimum risk pesticide products. § 165.T09–1074 Safety Zone; New Year’s inert ingredients that are permitted in Minimum risk pesticide products are Eve Fireworks Display, Chicago River, products eligible for the minimum risk exempt from registration and other Chicago, IL. pesticide exemption. EPA is improving requirements under the Federal (a) Location. All waters of the the the clarity and transparency of the Insecticide, Fungicide and Rodenticide Main Branch of the Chicago River minimum risk exemption by codifying Act (FIFRA), and are described in 40 between the Michigan Avenue Highway the inert ingredients list and by adding CFR 152.25(f). The following list of Bridge and the west entrance of the specific chemical identifiers, where North American Industrial Chicago Harbor Lock. available, for all eligible active and inert Classification System (NAICS) codes is (b) Enforcement Period. This rule will ingredients. These specific identifiers not intended to be exhaustive, but rather be enforced from 11:30 p.m. on will make it easier for manufacturers, provides a guide to help readers December 31, 2015 to 12:15 a.m. on the public, and Federal, state, and tribal determine whether this document January 1, 2016. inspectors to determine the specific applies to them. Potentially affected (c) Regulations. (1) In accordance with chemical substances that are permitted entities may include: the general regulations in § 165.23 of in minimum risk pesticide products. • Manufacturers of these products, this part, entry into, transiting, or EPA is also modifying the labeling which includes pesticide and other anchoring within this safety zone is requirements in the exemption to agricultural chemical manufacturers prohibited unless authorized by the require products to list ingredients on (NAICS codes 325320 and 325311), as Captain of the Port, Lake Michigan or a the label with a designated label display well as other manufacturers in similar designated on-scene representative. name and to provide the producer’s industries such as animal feed (NAICS VerDate Sep<11>2014 13:41 Dec 24, 2015 Jkt 238001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 mstockstill on DSK4VPTVN1PROD with RULES 80654 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations code 311119), cosmetics (NAICS code (FIFRA), 7 U.S.C. 136 et seq., 152.25(f) that created an exemption 325620), and soap and detergents particularly sections 3 and 25. from FIFRA requirements for minimum (NAICS code 325611). risk pesticide products. The primary D. What are the incremental costs and • Manufacturers who may also be goal of the proposed revisions was to benefits of the action? distributors of these products, which clarify the conditions of exemption for includes farm supplies merchant EPA has determined that the total cost minimum risk pesticides by clearly wholesalers (NAICS code 424910), drug for industry to comply with the labeling specifying the chemical substances and druggists merchant wholesalers requirements of this rulemaking is permitted in minimum risk pesticide (NAICS code 424210), and motor approximately $800,000 under a 3-year products. EPA’s proposed revisions vehicle supplies and new parts implementation period as described in clarified the specific active and inert merchant wholesalers (NAICS code the Cost Analysis for this rulemaking ingredients permitted in minimum risk 423120). (Ref. 2). EPA proposed a 2-year pesticide products, specified how the • Retailers of minimum risk pesticide implementation period, but instead ingredients should be presented on the products (some of which may also be determined to use a 3-year label, and provided consumers with the manufacturers), which includes nursery, implementation period based on public manufacturer’s contact information on garden center, and farm supply stores comments since 3 years would be the the product’s label. EPA’s intent with (NAICS code 444220), outdoor power most sensitive to the smallest firms. The the proposed revisions was to clarify the equipment stores (NAICS code 444210), costs for industry to comply with this terms of the original exemption and to and supermarkets (NAICS code 445110). rulemaking are a result of meeting the provide additional clarity and • Users of minimum risk pesticide new labeling requirements to list transparency concerning the ingredients products, including the public in ingredients using a designated label that are currently used in exempted general, as well as exterminating and display name and to list the company’s products. As described in the proposal, pest control services (NAICS code contact information on the product’s no ingredients were intended to be 561710), landscaping services (NAICS label. Since most companies update added or removed from the lists. code 561730), sports and recreation their labels every 3 years, EPA has institutions (NAICS code 611620), and B. Public Comment on the Proposed determined that a rule implementation Rule child daycare services (NAICS code period of 3 years will allow most 624410). Many of these companies also companies to meet the labeling EPA evaluated all comments received manufacture minimum risk pesticide requirements of the rule as part of their and developed a Response to Comments products. normal labeling practices and will document, which is available in the docket at http://www.regulations.gov B.
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