Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Proposed Rules 69303

Act of 1969 (42 U.S.C. 4321–4370f), and System of Records notice (85 FR 14226, in approximate position 17°45′48″ N, have made a preliminary determination March 11, 2020). 064°41′48″ W. that this action is one of a category of Documents mentioned in this NPRM All coordinates are North American actions that do not individually or as being available in the docket, and all Datum 1983. cumulatively have a significant effect on public comments, will be in our online (b) Regulations. the human environment. This proposed docket at https://www.regulations.gov (1) No person or vessel may enter, rule involves This proposed rule and can be viewed by following that transit or remain in the safety zone involves a safety zone covering the website’s instructions. Additionally, if unless authorized by the Captain of the transit and mooring of liquefied gas you go to the online docket and sign up Port, San Juan, Puerto Rico, or a carriers that would prohibit entry for email alerts, you will be notified designated Coast Guard commissioned, within one half mile. Normally such when comments are posted or a final warrant, or petty officer. Those in safety actions are categorically excluded from rule is published. zones must comply with all lawful further review under paragraph L60(a) We do not plan to hold public orders or directions given to them by the of Appendix A, Table 1 of DHS meetings on this rulemaking due to COTP or the designated Coast Guard Instruction Manual 023–01–001–01, Novel Coronavirus (COVID–19) commissioned, warrant, or petty officer. (2) Vessels encountering emergencies, Rev. 1. A preliminary Record of concerns. Environmental Consideration which require transit through the safety supporting this determination is List of Subjects in 33 CFR Part 165 zones, should contact the Coast Guard available in the docket. For instructions Harbors, Marine safety, Navigation patrol craft or Duty Officer on VHF on locating the docket, see the (water), Reporting and recordkeeping Channel 16. In the event of an emergency, the Coast Guard patrol craft ADDRESSES section of this preamble. We requirements, Security measures, seek any comments or information that Waterways. may authorize a vessel to transit through the safety zones with a Coast Guard may lead to the discovery of a For the reasons discussed in the significant environmental impact from designated escort. preamble, the Coast Guard is proposing (3) The Captain of the Port and the this proposed rule. to amend 33 CFR part 165 as follows: Duty Officer at Sector San Juan, Puerto G. Protest Activities Rico, can be contacted at telephone PART 165—REGULATED NAVIGATION number 787–289–2041. The Coast The Coast Guard respects the First AREAS AND LIMITED ACCESS AREAS Guard Patrol Commander enforcing the Amendment rights of protesters. safety zones can be contacted on VHF– Protesters are asked to call or email the ■ 1. The authority citation for part 165 FM channels 16 and 22A. FOR FURTHER continues to read as follows: person listed in the (4) Coast Guard Sector San Juan will INFORMATION CONTACT section to Authority: 46 U.S.C. 70034, 70051; 33 CFR notify the marine community of periods coordinate protest activities so that your 1.05–1, 6.04–1, 6.04–6, and 160.5; during which these safety zones will be message can be received without Department of Homeland Security Delegation in effect by providing notice to mariners No. 0170.1. jeopardizing the safety or security of in accordance with 33 CFR 165.7. people, places, or vessels. ■ 2. Add § 165.789 to read as follows: (5) All persons and vessels must V. Public Participation and Request for comply with the instructions of on- § 165.789 Safety Zone; Christiansted scene patrol personnel. On-scene patrol Comments Harbor, St. Croix, USVI. personnel include commissioned, We view public participation as (a) Regulated area. warrant, or petty officers of the U.S. essential to effective rulemaking, and (1) A moving safety zone is Coast Guard. Coast Guard Auxiliary and will consider all comments and material established on the the waters around local or state officials may be present to received during the comment period. liquefied gas carriers entering inform vessel operators of the Your comment can help shape the Christiansted Harbor in an area one half requirements of this section, and other outcome of this rulemaking. If you mile around each vessel, beginning one applicable laws. submit a comment, please include the mile north of the Christiansted Harbor Dated: October 23, 2020. docket number for this rulemaking, Lighted Buoy #1, in approximate indicate the specific section of this position 17°46′48″ N, 064°41′48″ W, and Gregory H. Magee, document to which each comment continuing until the vessel is moored at Captain, U.S. Coast Guard, Captain of the applies, and provide a reason for each the Virgin Island Water and Power Port San Juan. suggestion or recommendation. Authority (WAPA) dock in approximate [FR Doc. 2020–23886 Filed 10–30–20; 8:45 am] We encourage you to submit position 17°45′06″ N, 064°42′50″ W. BILLING CODE 9110–04–P comments through the Federal (2) The waters around liquefied gas eRulemaking Portal at https:// carriers in a 50-yard radius around each www.regulations.gov. If your material vessel when moored at the Virgin Island DEPARTMENT OF AGRICULTURE cannot be submitted using https:// Water and Power Authority (WAPA) Forest Service www.regulations.gov, call or email the dock. person in the FOR FURTHER INFORMATION (3) A moving safety zone is 36 CFR Part 222 CONTACT section of this document for established on the waters around alternate instructions. liquefied gas carriers departing RIN 0596–AD45 We accept anonymous comments. All Christiansted Harbor in an area one half comments received will be posted mile around each vessel beginning at Assessing Fees for Excess and without change to https:// the Virgin Island Water and Power Unauthorized Grazing www.regulations.gov and will include Authority (WAPA) dock in approximate AGENCY: Forest Service, USDA. ° ′ ″ ° ′ ″ any personal information you have position 17 45 06 N, 064 42 50 W ACTION: Notice of proposed rulemaking. provided. For more about privacy and when the vessel gets underway, and submissions in response to this continuing until the stern passes the SUMMARY: The U.S. Department of document, see DHS’s eRulemaking Christiansted Harbor Lighted Buoy #1, Agriculture, Forest Service (Agency), is

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proposing to amend its existing Act of 1897, which named grazing as an enforcement staff., such as issuance of a regulations to provide for nonmonetary early use of lands administered by the Notice of Non-Compliance and/or a Bill settlement when excess or unauthorized Forest Service. The Forest Service for Collection. grazing is determined to be non-willful, managed grazing under its general The proposed rule provides the a standard consistent with practices of authorities until 1950, when Congress flexibility to resolve incidents the Bureau of Land Management, as enacted the Granger-Thye Act, informally without charging recommended by the July 2016 specifically authorizing the Secretary of unauthorized grazing penalties, while Government Accountability Office Agriculture to issue grazing permits on retaining the option for monetary relief (GAO) in its report to the Committee on NFS lands and other lands administered for willful excess or unauthorized Natural Resources, House of by the U.S Department of Agriculture. grazing. Informal resolution involves the Representatives, Unauthorized Grazing, The Forest Service permits the permittee or non-permittee removing Actions Needed to Improve Tracking occupancy and use of NFS lands by the livestock following a phone call and Deterrence Efforts (GAO–16–559). domestic livestock through Term from or face-to-face conversation with DATES: To be ensured consideration, Grazing Permits pursuant to 36 CFR the authorized officer. The incident comments must be received in writing 222.3. The regulations at 36 CFR should be noted in the files as non- on or before December 2, 2020. 222.50(a) require the Agency to charge willful, and the settlement would be fees ‘‘for all grazing or livestock use of ADDRESSES: You may send comments considered nonmonetary as no Bill for using one of the following methods: National Forest System lands, or other Collection would be issued. 1. Submit comments electronically by lands under Forest Service control.’’ Informal resolution, such as a phone Congress asked the Government following the instructions at the Federal call or face-to-face conversation, is an Accountability Office (GAO) to examine eRulemaking portal at http:// effective way to resolve non-willful what is known about the frequency and www.regulations.gov. unauthorized grazing. Amending the 2. Mail: U. S. Forest Service, Director, extent of unauthorized grazing on Agency’s grazing regulations to provide Forest Management, Range Management federal lands, and its effects, as well as for the informal resolution and and Vegetation Ecology, 201 14th Street review the Bureau of Land nonmonetary settlement of infractions SW, Suite 3SE, Washington, DC 20250– Management’s (BLM) and Forest allows the Agency to achieve the 1124. Service’s efforts to detect, deter, and objective of effectively and efficiently resolve unauthorized grazing. Excess 3. Hand Delivery/Courier: U. S. Forest resolving such incidents, and it use is when livestock stray outside of Service, Director, Forest Management, effectively addresses one of GAO’s their permitted area and graze in an Range Management and Vegetation recommendations. Ecology, 201 14th Street SW, Suite 3SE, unauthorized area or a permittee Washington, DC 20250–1124. intentionally overstays the permitted Discussion of Proposed Regulatory All comments, including all content, grazing period. Unauthorized use is Revisions when livestock, owned or controlled by will be placed in the record and will be Section 36 CFR 222.50 of the current a non-permittee, graze on National available for public inspection and grazing regulations describes the general Forest System lands. In July 2016, GAO copying. Therefore, the Agency procedures for charging grazing fees for issued a Report to the Committee on recommends that commenters remove all livestock grazing or livestock use of Natural Resources, House of personal information such as Social National Forest System lands. Representatives, Unauthorized Grazing, Security Numbers, personal addresses, Specifically, section 222.50(h) describes Actions Needed to Improve Tracking telephone numbers, and email addresses the unauthorized use rate and how it included in their comments as such and Deterrence Efforts (GAO–16–559). The Report recommended that the applies to: excess number of livestock information may become easily Forest Service amend its regulations on grazing by permittees; livestock grazed available to the public. outside the permitted grazing season; or Also, please note that, due to security range management (36 CFR part 222) to provide an option for nonmonetary livestock grazed under an unvalidated concerns, postal mail delivery in permit. Washington, DC may be delayed. settlement when unauthorized or excess grazing is non-willful, in addition to the The Forest Service proposes to amend Therefore, the Agency encourages the 36 CFR 222 subpart C, to allow the public to submit comments option of following its existing regulations at 36 CFR 222.50(a) and (h). authorized officer to approve electronically. The GAO report also recommended that nonmonetary settlement for excess or FOR FURTHER INFORMATION CONTACT: the Forest Service record all incidents of unauthorized grazing use when the use Myra Black, Program Manager, Forest unauthorized grazing, including those is non-willful. The authorized officer Management, Range Management and resolved informally. The Agency will may approve non-monetary settlement Vegetation Ecology, 202–650–7365, develop direction for implementing the for excess or unauthorized grazing use [email protected]. Individuals who latter recommendation in the Forest only when certain conditions set forth use telecommunication devices for the Service Manual and Handbook for in the regulation are met. deaf may call the Federal Relay Service Rangeland Management at a later date. The proposed language is consistent at 800–877–8339 between 8:00 a.m. and with the language used by BLM to 8:00 p.m., Eastern Standard Time, Need for Proposed Rule describe non-willful grazing use. In Monday through Friday. The GAO found that the frequency order to ensure that the proposed SUPPLEMENTARY INFORMATION: and extent of unauthorized grazing on language is clear, the Forest Service NFS lands is largely unknown because, proposes to add the definition of non- Background according to Agency officials, the permittee and non-willful to the The Forest Service is responsible for Agency handles most incidents definitions section found at 36 CFR managing National Forest System (NFS) informally (e.g., with a telephone call) 222.1(b). In addition, the definitions lands that provide forage for domestic and does not document them. The section is restated to remove numbering, livestock grazing. The Forest Service’s incidents that were recorded involved consistent with the Federal Register authority to regulate livestock grazing formal action taken by the Agency Document Drafting Handbook (August comes from the Organic Administration rangeland management program or law 2018 Edition, Revision 1.1 dated August

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9, 2019; National Archives and Records expected as a result of implementation entities; and would not affect their cash Administration). of the proposed rules or directives. flow, liquidity, or ability to remain in The proposed language removes Congressional Review Act the market. Additionally, it reduces the reference to the fee being adjusted by administrative burden on livestock the same indexes used to adjust the Pursuant to the Congressional Review operators by allowing for informal regular fee since the first sentence Act (5 U.S.C. 801 et seq.), OIRA has nonmonetary resolution of a situation already describes that the rate is designated this proposed rule as not a that would typically require an determined by establishing a base value. major rule as defined by 5 U.S.C. 804(2). administrative process to resolve. In addition, the current rule language National Environmental Policy Act Therefore, the Forest Service has refers to an unvalidated permit, which determined that this proposed rule describes a new permit’s status prior to The proposed rule would allow an authorized officer to determine that a would not have a significant economic being validated. Validation occurs by nonmonetary settlement is appropriate impact on a substantial number of small stocking the allotment for the first time when excess or unauthorized livestock entities pursuant to the Regulatory with at least ninety percent of the use was non-willful on behalf of the Flexibility Act. permitted livestock during the first permittee or non-permittee and add season of grazing use under the new Federalism clarity to what the agency means by the permit. The proposed language removes term non-willful. Agency regulations at the reference to an unvalidated permit The Agency has considered the 36 CFR 220.6(d)(2) (73 FR 43093) and replaces it with the four most proposed rule under the requirements of exclude from documentation in an common situations in which the Forest E.O. 13132, Federalism. The Agency has environmental assessment or determined that the proposed rule Service encounters excess or environmental impact statement, as well unauthorized use. Those examples of conforms with the federalism principles as in a decision memo, rules, set out in this executive order; would excess and unauthorized use include regulations, or policies to establish but are not limited to: excess number of not impose any compliance costs on the Service-wide administrative procedures, states; and would not have substantial livestock grazed; livestock grazed program processes, or instructions. The direct effects on the states, on the outside the permitted grazing season; revisions to § 222.50(h) and § 222.1(b) relationship between the Federal livestock grazed in areas not authorized address the penalty for non-willful government and the states, or on the under a grazing permit and bill for actions taken on National Forest System distribution of power and collection; or livestock grazed without a land and provide a definition for a term permit. used in the revised language. The responsibilities among the various levels of government. Therefore, the Regulatory Certifications proposed language removes reference to an unvalidated permit and replaces it Agency has concluded that the Executive Order 12866 with the four most common situations proposed rule does not have Federalism Executive Order (E.O.) 12866 provides that the Forest Service considers excess implications. that the Office of Information and or unauthorized use, which is not Consultation With Tribal Governments Regulatory Affairs (OIRA) in the Office intended to be an exclusive list. As the of Management and Budget will review regulation is limited to determination of In accordance with Executive Order all significant rules. OIRA has waiver of excess or unauthorized use 13175, the Agency is conducting Tribal determined that this proposed rule is fees (nonmonetary settlement), no consultation for the proposed rule. To not significant. ground disturbing activities are ensure tribal perspectives are heard and implicated by these revisions. Thus, the fully considered during rulemaking, the Executive Order 13771 Agency has concluded that the Agency contacted all federally This proposed rule has been reviewed proposed rule falls within this category recognized Indian tribes and Alaska in accordance with E.O. 13771 on of actions and that no extraordinary Native corporations in accordance with reducing regulation and controlling circumstances exist which would E.O. 13175, (Consultation and regulatory costs and has been require preparation of an environmental Coordination with Indian Tribal designated as an ‘‘other action’’ for assessment or environmental impact Governments); USDA Departmental purposes of the E.O. statement. Regulation 1350–02 (Tribal Civil Rights Impact Analysis Regulatory Flexibility Act Analysis Consultation, Coordination and Collaboration); and Forest Service A Civil Rights Impact Analysis (CRIA) The Agency has considered the Handbook 1509.13, Chapter 10 was conducted in accordance with impacts of the proposed rule on small (Consultation with Indian Tribes and USDA Departmental Regulation (DR) entities consistent with the Alaska Native Corporations). The 4300–4, to determine if implementation requirements of the Regulatory Agency initiated formal consultation on of the proposed rules (and Flexibility Act (5 U.S.C. 601 et seq.) as the rulemaking by contacting the Indian accompanying rangeland management amended by the Small Business tribes and Alaska Native Corporations directives) would have disproportionate Regulatory Flexibility Enforcement by mail. effects or adverse impacts on employees Fairness Act of 1996 (SBREFA), and or program beneficiaries, because of Executive Orders 13272 (Proper No Takings Implications membership in protected groups Consideration of Small Entities in identified in USDA DR 4300–4 and DR Agency Rulemaking). This proposed The Agency has analyzed the 5600–002, particularly women, ethnic rule would not have any direct effect on proposed rule in accordance with the and racial minorities, and people with small entities as defined by the principles and criteria in E.O. 12630, disabilities. The proposed rules and Regulatory Flexibility Act. The Governmental Actions and Interference directives have been analyzed to ensure proposed rule would not impose with Constitutionally Protected Property compliance with USDA’s DR 4300–4, recordkeeping requirements on small Rights. The Agency has determined that and it is determined that no adverse entities; would not affect their the proposed rule would not pose the impacts on protected groups are competitive position in relation to large risk of a taking of private property.

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Energy Effects amend part 222, subparts A and C, of Lands within the National Forest in The Agency has reviewed the Title 36 of the Code of Federal the 16 contiguous western States means proposed rule under E.O. 13211, Regulations as follows: lands designated as National Forest within the boundaries of Arizona, Actions Concerning Regulations That PART 222—RANGE MANAGEMENT Significantly Affect Energy Supply, California, Colorado, Idaho, Kansas, Distribution, or Use. The Agency has Montana, Nebraska, Nevada, New Subpart A—Grazing and Livestock Use Mexico, North Dakota, Oklahoma, determined that the proposed rule on the National Forest System would not constitute a significant Oregon, South Dakota, Utah, energy action as defined in E.O. 13211. ■ 1. The authority citation for part 222, Washington, and Wyoming (National subpart A, continues to read as follows: Grasslands are excluded). Civil Justice Reform Livestock means animals of any kind Authority: 92 Stat. 1803, as amended (43 The Forest Service has analyzed the kept or raised for use or pleasure. U.S.C. 1901), 85 Stat. 649, as amended (16 Livestock use permit means a permit proposed rule in accordance with the U.S.C. 1331–1340); sec. 1, 30 Stat. 35, as principles and criteria in E.O. 12988, amended (18 U.S.C. 551); sec. 32, 50 Stat. issued for not to exceed one year where Civil Justice Reform. The Agency has 522, as amended (7 U.S.C. 1011). the primary use is for other than grazing livestock. not identified any State or local laws or ■ 2. In § 222.1(b), revise paragraph (b) to Modify means to revise the terms and regulations that conflict with this to read as follows: regulation or that would impede full conditions of an issued permit. implementation of this rule. § 222.1 Authority and definitions. National Forest System lands means Nevertheless, if such conflicts were to * * * * * the National Forests, National be identified, the proposed rule, if (b) Definitions. Grasslands, Land Utilization Projects, implemented, will preempt the State or Allotment means a designated area of and other Federal lands for which the local laws or regulations that are found land available for livestock grazing. Forest Service has administrative to be in conflict. However, in that case Allotment management plan means a jurisdiction. of a conflict, (1) no retroactive effect document that specifies the program of Non-permittee means a person who will be given to this final rule; and (2) action designated to reach a given set of owns or controls livestock and does not USDA will not require the use of objectives. It is prepared in consultation have a grazing permit to graze livestock administrative proceedings before with the permittee(s) involved and: on National Forest System lands. parties could file suit in court (i) Prescribes the manner in and Non-willful means an action which is challenging its provisions. extent to which livestock operations inadvertent or accidental, and not due to gross negligence. Unfunded Mandates will be conducted in order to meet the multiple-use, sustained yield, economic, On-and-off grazing permits means Pursuant to Title II of the Unfunded and other needs and objectives as permits with specific provisions on Mandates Reform Act of 1995 (2 U.S.C. determined for the lands, involved; and range only part of which is National 1531–1538), signed into law on March (ii) Describes the type, location, Forest System lands or other lands 22, 1995, the Agency has assessed the ownership, and general specifications under Forest Service control. effects of the proposed rule on state, for the range improvements in place or On-the-ground expenditure means local, and Tribal governments and the to be installed and maintained on the payment of direct project costs of private sector. The proposed rule would lands to meet the livestock grazing and implementing an improvement or not compel the expenditure of $100 other objectives of land management; development, such as survey and million or more by any state, local, or and design, equipment, labor and material Tribal government or anyone in the (iii) Contains such other provisions (or contract) costs, and on-the-ground private sector. Therefore, a statement relating to livestock grazing and other supervision. under section 202 of the Act is not objectives as may be prescribed by the Other lands under Forest Service required. Chief, Forest Service, consistent with control means non-Federal public and applicable law. private lands over which the Forest Controlling Paperwork Burdens on the Service has been given control through Public Base property means land and improvements owned and used by the lease, agreement, waiver, or otherwise. The proposed rule does not contain permittee for a farm or ranch operation Permittee means any person who has any recordkeeping or reporting and specifically designated by him to been issued a grazing permit. requirements or other information qualify for a term grazing permit. Permitted livestock means livestock collection requirements as defined in 5 Cancel means action taken to authorized by a written permit. CFR part 1320 that are not already permanently invalidate a term grazing Person means any individual, required by law or not already approved permit in whole or in part. partnership, corporation, association, for use. Accordingly, the review Grazing permit means any document organization, or other private entity, but provisions of the Paperwork Reduction authorizing livestock to use National does not include Government Agencies. Act of 1995 (44 U.S.C. 3501 et seq.) and Forest System or other lands under Private land grazing permits means its implementing regulations at 5 CFR Forest Service control for the purpose of permits issued to persons who control part 1320 do not apply. livestock production including: grazing lands adjacent to National List of Subjects in 36 CFR Part 222 (i) Temporary grazing permits for Forest System lands and who waive grazing livestock temporarily and exclusive grazing use of these lands to Grazing and Livestock Use on the without priority for reissuance. the United States for the full period the National Forest System, Mediation of (ii) Term permits for up to 10 years permit is to be issued. Term Grazing Permit Disputes, Grazing with priority for renewal at the end of Range betterment means Fees, Management of Wild Free- the term. rehabilitation, protection and Roaming Horses and Burros. Land subject to commercial livestock improvement of National Forest System For the reasons discussed in the grazing means National Forest System lands to arrest range deterioration and preamble, the Forest Service proposes to lands within established allotments. improve forage conditions, fish and

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wildlife habitat, watershed protection, forage in excess of authorized use and whether to add chitosan to the list of and livestock production. is separate from any penalties that may allowable inert ingredients. Range betterment fund means the be assessed for a violation of a DATES: Comments must be received on fund established by title IV, section prohibition issued under 36 CFR part or before January 4, 2021. 401(b)(1), of the Federal Land Policy 261 or from an administrative permit ADDRESSES: Submit your comments, and Management Act of 1976. This action. This rate will apply, but not be identified by the docket identification consists of 50 percent of all monies limited to the following circumstances: (ID) number EPA–HQ–OPP–2019–0701, received by the United States as fees for Excess number of livestock grazed; through the Federal eRulemaking Portal grazing livestock on the National Forests livestock grazed outside the permitted at http://www.regulations.gov. Follow in the 16 contiguous western States. grazing season; livestock grazed in areas the online instructions for submitting Range Improvement means any not authorized under a grazing permit comments. Do not submit electronically activity or program designed to improve and a bill for collection; or livestock any information you consider to be production of forage and includes grazed without a permit. The authorized Confidential Business Information (CBI) facilities or treatments constructed or officer may approve nonmonetary or other information whose disclosure is installed for the purpose of improving settlement for excess or unauthorized restricted by statute. the range resource or the management of grazing use only when all of the Additional instructions on livestock and includes the following following conditions are satisfied: commenting or visiting the docket, types: (1) The excess or unauthorized use along with more information about (i) Non-structural which are practices was non-willful on behalf of the dockets generally, is available at http:// and treatments undertaken to improve permittee or non-permittee; www.epa.gov/dockets. range not involving construction of (2) The forage consumed by the excess Please note that due to the public improvements. or unauthorized use is not significant; health emergency the EPA Docket (ii) Structural which are (3) National Forest System lands have Center (EPA/DC) and Reading Room improvements requiring construction or not been damaged significantly by the was closed to public visitors on March installation undertaken to improve the excess or unauthorized use; and 31, 2020. Our EPA/DC staff will range or to facilitate management or to (4) Nonmonetary settlement is in the continue to provide customer service control distribution and movement of interest of the United States. via email, phone, and webform. For livestock. * * * * * (A) Permanent means range further information on EPA/DC services, docket contact information and the improvements installed or constructed Angela Coleman, current status of the EPA/DC and and become a part of the land such as: Acting Associate Chief, USDA Forest Service. Dams, ponds, pipelines, wells, fences, Reading Room, please visit https:// [FR Doc. 2020–24164 Filed 10–30–20; 8:45 am] www.epa.gov/dockets. trails, seeding, etc. BILLING CODE 3411–15–P (B) Temporary means short-lived or FOR FURTHER INFORMATION CONTACT: portable improvements that can be Anne Overstreet, Deputy Director, removed such as: Troughs, pumps and Biopesticides and Pollution Prevention ENVIRONMENTAL PROTECTION Division (7511P), Office of Pesticide electric fences, including improvements AGENCY at authorized places of habitation such Programs, Environmental Protection as line camps. 40 CFR Part 152 Agency, 1200 Pennsylvania Ave. NW, Suspend means temporary Washington, DC 20460–0001; main withholding of a term grazing permit [EPA–HQ–OPP–2019–0701; FRL–10009–24] telephone number: (703) 305–7090; privilege, in whole or in part. RIN 2070–AK56 email address: BPPDFRNotices@ Term period means the period for epa.gov. which term permits are issued, the Pesticides; Proposal To Add Chitosan SUPPLEMENTARY INFORMATION: maximum of which is 10 years. to the List of Active Ingredients Transportation livestock means Permitted in Exempted Minimum Risk I. Executive Summary livestock used as pack and saddle stock Pesticide Products A. Does this action apply to me? for travel on the National Forest System. * * * * * AGENCY: Environmental Protection You may be potentially affected by Agency (EPA). this action if you manufacture, Subpart C—Grazing Fees ACTION: Proposed rule. distribute, sell, or use minimum risk pesticide products. Minimum risk ■ 3 The authority citation for part 222, SUMMARY: The Environmental Protection pesticide products are exempt from subpart C, continues to read as follows: Agency (EPA) is proposing to add the registration and other FIFRA Authority: 16 U.S.C. 551; 31 U.S.C. 9701; substance commonly referred to as requirements and are described in 40 43 U.S.C. 1751, 1752, 1901; E.O. 12548 (51 chitosan (also known by its chemical CFR 152.25(f). The following list of FR 5985). name: poly-D-glucosamine) (CAS Reg. North American Industrial ■ 4. In § 222.50, revise paragraph (h) to No. 9012–76–4) to the list of active Classification System (NAICS) codes is read as follows: ingredients allowed in minimum risk not intended to be exhaustive, but rather pesticide products exempt from provides a guide to help readers § 222.50 General Procedures registration and other requirements of determine whether this document * * * * * the Federal Insecticide, Fungicide, and applies to them. Potentially affected (h) The excess and unauthorized Rodenticide Act (FIFRA). Tidal Vision entities may include: grazing use rate will be determined by Products, LLC submitted a petition to • Pesticide and other agricultural establishing a base value without giving EPA requesting that chitosan be added chemical manufacturers (NAICS codes consideration for those contributions to both the lists of active and inert 325320 and 325311), as well as other normally made by the permittee under ingredients allowed in exempted manufacturers in similar industries such terms of the grazing permit. This rate is minimum risk pesticide products. At as animal feed (NAICS code 311119), charged for unauthorized forage or this time, EPA is deferring a decision on cosmetics (NAICS code 325620), and

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