14030 Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children because it proposes to 

disapprove a state rule. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: March 7, 2016. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2016–05953 Filed 3–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0032; FRL–9942–86] 

Receipt of Several Pesticide Petitions 

Filed for Residues of Pesticide 

Chemicals in or on Various 

Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of filing of petitions and 

request for comment. 

SUMMARY: This document announces the 

Agency’s receipt of several initial filings 

of pesticide petitions requesting the 

establishment or modification of 

regulations for residues of pesticide 

chemicals in or on various commodities. 

DATES: Comments must be received on 

or before April 15, 2016. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number and the pesticide petition 

number (PP) of interest as shown in the 

body of this document, 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: 

Susan Lewis, Registration Division (RD) 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

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). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT for the division listed at the 

end of the pesticide petition summary of 

interest. 

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. What action is the agency taking? 

EPA is announcing its receipt of 

several pesticide petitions filed under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, requesting the establishment or 

modification of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. The Agency is taking 

public comment on the requests before 

responding to the petitioners. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petitions described in this 

document contain the data or 

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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14031 

information prescribed in FFDCA 

section 408(d)(2), 21 U.S.C. 346a(d)(2); 

however, EPA has not fully evaluated 

the sufficiency of the submitted data at 

this time or whether the data support 

granting of the pesticide petitions. After 

considering the public comments, EPA 

intends to evaluate whether and what 

action may be warranted. Additional 

data may be needed before EPA can 

make a final determination on these 

pesticide petitions. 

Pursuant to 40 CFR 180.7(f), a 

summary of each of the petitions that 

are the subject of this document, 

prepared by the petitioner, is included 

in a docket EPA has created for each 

rulemaking. The docket for each of the 

petitions is available at http://

www.regulations.gov. 

As specified in FFDCA section 

408(d)(3), 21 U.S.C. 346a(d)(3), EPA is 

publishing notice of the petition so that 

the public has an opportunity to 

comment on this request for the 

establishment or modification of 

regulations for residues of pesticides in 

or on food commodities. Further 

information on the petition may be 

obtained through the petition summary 

referenced in this unit. 

New Tolerances 

PP 5F8351. EPA–HQ–OPP–2015– 

0478. Makhteshim Agan of North 

America, Inc. (d/b/a ADAMA), 3120 

Highwoods Blvd. Suite 100, Raleigh, NC 

27604, requests to establish a tolerance 

in 40 CFR part 180 for residues of the 

nematicide fluensulfone, including its 

metabolites and degradates, in or on 

berry, low growing, subgroup 13–07G at 

0.30 parts per million (ppm); head and 

stem brassica subgroup 5A at 1.3 ppm; 

leafy brassica greens subgroup 5B at 13 

ppm; leafy vegetables, group 4, except 

brassica vegetables at 2.6 ppm; leaves of 

root and tuber vegetables, group 2 at 20 

ppm; radish, oriental at 0.50 ppm; and 

root vegetables, subgroup 1B, except 

sugar beet and oriental radish at 3.3 

ppm. Compliance with the tolerance 

levels is to be determined by measuring 

only 3,4,4-trifluoro-but-3-ene-1-sulfonic 

acid. The liquid chromotography with 

tandem mass spectrometry (LC–MS/MS) 

residue analytical method is used to 

measure and evaluate the chemical 

fluensulfone. Contact: RD. 

PP 5F8379. EPA–HQ–OPP–2015– 

0559. Bayer CropScience, 2 T.W. 

Alexander Drive, Research Triangle 

Park, NC 27709, requests to establish a 

tolerance in 40 CFR 180.664 for residues 

of the fungicide penflufen, in or on 

sugarbeet seed treatment at 0.01 parts 

per million (ppm). The LC/MS/MS is 

used to measure and evaluate the 

chemical penflufen. Contact: RD. 

PP 5E8399. EPA–HQ–OPP–2015– 

0658. Interregional Research Project 

Number 4 (IR–4), IR–4 Project 

Headquarters, Rutgers, The State 

University of New Jersey, 500 College 

Road East, Suite 201 W, Princeton, NJ 

08540, requests to establish tolerances 

in 40 CFR 180.568 for residues of the 

herbicide, flumioxazin 2-[7-fluoro-3,4- 

dihydro3-oxo-4-(2-proponyl)-2H–1,4- 

benzoxazin-6-yl]-4,5,6,7-tetrahydro1Hisoindole-1,3(2H)-dione in or on the 

raw agricultural commodities: Berry, 

low growing, subgroup 13–07G at 0.07 

parts per million (ppm); brassica, head 

and stem, subgroup 5A at 0.02 ppm; 

caneberry, subgroup 13–07A at 0.40; 

citrus oil at 0.1 ppm; clover, forage at 

0.02 ppm; clover, hay at 0.15 ppm; fruit, 

citrus group 10–10 at 0.02 ppm; fruit, 

pome group 11–10 at 0.02 ppm; fruit, 

small vine climbing, except fuzzy 

kiwifruit, subgroup 13–07F at 0.02 ppm; 

fruit, stone, group 12–12 at 0.02 ppm; 

nut, tree group 14–12 at 0.02 ppm; 

onion, bulb subgroup 3–07A at 0.02 

ppm and vegetable, fruiting group 8–10 

ppm at 0.02 ppm. Adequate 

enforcement methodology (gas 

chromatography/nitrogen-phosphorus 

detection (GC/NPD) method, Valent 

Method RM30–A–3) is available to 

enforce the tolerance expression. 

Contact: RD. 

PP 5F8400. EPA–HQ–OPP–2015– 

0695. Isagro S.P.A. (d/b/a Isagro USA, 

Inc.) 430 Davis Drive, Suite 240, 

Morrisville, NC 27560, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the fungicide 

tetraconazole in or on vegetable, 

cucurbit group 9 at 0.15 parts per 

million (ppm) and vegetable, fruiting 

group 8–10 at 0.30 ppm. The capillary 

gas chromatography with electron 

capture detector (GC/ECD)) as well as a 

QuEChERS multi-residue method (LC/

MS–MS detection) is used to measure 

and evaluate the chemical tetraconazole. 

Contact: RD. 

PP 5F8404. EPA–HQ–OPP–2013– 

0226. Bayer CropScience LP, 2 T.W. 

Alexander Drive, P.O. Box 12014, 

Research Triangle Park, NC 27709, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

insecticide, flupyradifurone, in or on 

abiu at 0.6 parts per million (ppm); akee 

apple at 0.6 ppm; avocado at 0.6 ppm; 

bacury at 0.6 ppm; banana at 0.6 ppm; 

binjai at 0.6 ppm; caneberry, subgroup 

13–07A at 5 ppm; canistel at 0.6 ppm; 

cilantro, fresh leaves at 30 ppm; 

cupuacu ́ at 0.6 ppm; etambe at 0.6 ppm; 

jatoba ́ at 0.6 ppm; kava, fresh leaves at 

40 ppm; kava, roots at 0.9 ppm; kei 

apple at 0.6 ppm; langstat at 0.6 ppm; 

lanjut at 0.6 ppm; lucuma at 0.6 ppm; 

mabolo at 0.6 ppm; mango at 0.6 ppm; 

mangosteen at 0.6 ppm; paho at 0.6 

ppm; papaya at 0.6 ppm; pawpaw, 

common at 0.6 ppm; pelipisan at 0.6 

ppm; pequi at 0.6 ppm; pequia at 0.6 

ppm; persimmon, american at 0.6 ppm; 

plantain at 0.6 ppm; pomegranate at 0.6 

ppm; poshte at 0.6 ppm; quinoa at 3 

ppm; quandong at 0.6 ppm; sapote at 0.6 

ppm; sataw at 0.6 ppm; screw-pine at 

0.6 ppm; star apple at 0.6 ppm; stone 

fruit, stone group 12–12 at 1.5 ppm, 

tamarind-of-the-Indies at 0.6 ppm; and 

wild loquat at 0.6 ppm. High 

performance liquid chromatographyelectrospray ionization/tandem mass 

spectrometry (HPLC/MS/MS) is used to 

measure and evaluate the chemical 

flupyradifuron. Contact: RD. 

PP 5F8406. EPA–HQ–OPP–2015– 

0727. Arysta LifeScience North 

America, LLC 15401 Weston Parkway, 

Suite 150, Cary, North Carolina 27513, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide fluoxastrobin in or on avocado 

at 0.9 parts per million (ppm), barley, 

grain at 0.4 ppm; barley, hay at 15 ppm; 

barley, straw at 15 ppm, rapeseed 

subgroup 20A at 0.8 ppm, and dried 

shelled pea and bean (except soybean) 

subgroup 6C at 0.2 ppm. The method 

comprises microwave solvent extraction 

followed by a solid phase extraction 

clean up and quantification by high 

performance liquid chromatography 

with tandem mass spectrometric 

detection (HPLC/MS/MS) is used to 

measure and evaluate the chemical 

fluoxastrobin. Contact: RD. 

PP 5F8412. EPA–HQ–OPP–2015– 

0795. Gowan Company, P.O. Box 5569, 

Yuma, AZ, 85366–5569, requests to 

establish tolerances in 40 CFR part 180 

for residues of the insecticide, 

hexythiazox, in or on bermudagrass, 

forage at 40.0 parts per million (ppm); 

and bermudagrass, hay at 70.0 ppm. 

High performance liquid 

chromatography (HPLC) method using 

mass spectrometric detection (LC–MS/

MS) is proposed for enforcement 

purposes. Contact: RD. 

PP 5F8413. EPA–HQ–OPP–2015– 

0797. Gowan Company, P.O. Box 5569, 

Yuma, AZ, 85366–5569, requests to 

establish tolerances in 40 CFR part 180 

for residues of the insecticide 

hexythiazox, in or on beet, sugar, dried 

pulp at 0.60 parts per million (ppm); 

beet, sugar, molasses at 0.21 ppm; beet, 

sugar, roots at 0.15 ppm and beet, sugar, 

tops at 1.5 ppm. High performance 

liquid chromatography (HPLC) method 

using mass spectrometric detection (LC– 

MS/MS) is proposed for enforcement 

purposes. Contact: RD. 

PP 5F8414. EPA–HQ–OPP–2015– 

0791. Valent U.S.A. Corporation, 1600 

Riviera Avenue, Suite 200, Walnut 

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Creek, CA 94596 requests to establish a 

tolerance in 40 CFR 180.627 for residues 

of the fungicide, fluopicolide in or on 

potato chips 0.1 at parts per million 

(ppm) and potato flakes at 0.15 ppm. 

Practical analytical methods for 

detecting and measuring levels of 

fluopicolide and its metabolites have 

been developed, validated, and 

submitted for all appropriate plant and 

animal matrices. Contact: RD. 

PP 5F8415. EPA–HQ–OPP–2015– 

0820. Geo Logic Corporation, P.O. Box 

3091, Tequesta, FL 33409, requests to 

establish a tolerance in 40 CFR 180.337 

for residues of the bactericide/fungicide 

oxytetracycline in or on fruit, citrus 

group 10–10 at 0.01 parts per million 

(ppm). The reversed-phase liquid 

chromatography with detection by MS/ 

MS spectrometry (LC–MS/MS) is used 

to measure and evaluate the chemical 

oxytetracycline. Contact: RD. 

PP 5F8429. EPA–HQ–OPP–2016– 

0029. Gowan Company, P.O. Box 5569, 

Yuma, AZ 85366–5569, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the miticide/insecticide 

fenazaquin, [3-[2-[4-(1,1,-dimethylethyl) 

phenyl] ethoxy] quinazoline] in or on 

the raw commodity for nut, tree group 

14–12 at 0.02 parts per million (ppm). 

The LC/MS/MS with positive-ion 

electrospray ionization tandem mass 

spectrometry is used to measure and 

evaluate the chemical fenazaquin. 

Contact: RD. 

PP 5E8439. EPA–HQ–OPP–2016– 

0066. Dow AgroSciences, LLC, 9330 

Zionsville Road Indianapolis, IN 46268, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

herbicide pyroxsulam, in or on the 

cereal crops: teff at 0.06 parts per 

million (ppm); teff, forage at 0.01 ppm; 

teff, grain at 0.03 ppm; teff, hay at 0.01 

ppm; and teff, straw at 0.01 ppm. The 

Dow AgroSciences Method GRM 04/17 

is used to measure and evaluate the 

chemical residues of pyroxsulam in 

wheat commodities. Contact: RD. 

PP 6F8442. EPA–HQ–OPP–2016– 

0029. Gowan Company, P.O. Box 5569, 

Yuma, AZ 85366–5569, requests to 

establish a tolerance in 40 CFR part 180 

for residues of the miticide/insecticide 

fenazaquin, [3-[2-[4-(1,1,-dimethylethyl) 

phenyl] ethoxy] quinazoline] in or on 

the raw commodity for hops at 30 parts 

per million (ppm). The LC/MS/MS with 

positive-ion electrospray ionization 

tandem mass spectrometry is used to 

measure and evaluate the chemical 

fenazaquin. Contact: RD. 

Amended Tolerances 

PP 5F8351. EPA–HQ–OPP–2015– 

0478. Makhteshim Agan of North 

America, Inc. (d/b/a ADAMA), 3120 

Highwoods Blvd. Suite 100, Raleigh, NC 

27604, requests to amend 40 CFR 

180.680 for residues of the nematicide 

fluensulfone [5-chloro-2-[(3,4,4- 

trifluoro-3-buten-1-yl)sulfonyl]thiazole], 

to revise the existing tolerance 

expression in the introductory 

paragraph (a) to read ‘‘Tolerances are 

established for residues of the 

nematicide fluensulfone, including its 

metabolites and degradates, in or on the 

commodities in the table below. 

Compliance with the tolerance levels 

specified below is to be determined by 

measuring only 3,4,4-trifluoro-but-3- 

ene-1-sulfonic acid.’’ The LC–MS/MS 

residue analytical method is used to 

measure and evaluate the chemical 

fluensulfone. Contact: RD. 

PP 5F8396. EPA–HQ–OPP–2015– 

0796. Gowan Company, P.O. Box 5569, 

Yuma, AZ, 85366, requests to amend the 

tolerance(s) in 40 CFR 180.448 for 

residues of the insecticide hexythiazox 

in or on alfalfa, forage from 15 parts per 

million (ppm) to 20 ppm; and alfalfa, 

hay from 30 ppm to 60 ppm. High 

performance liquid chromatography 

(HPLC) using mass spectrometric 

detection (LC–MS/MS) analytical 

method is used to measure and evaluate 

residues of hexythiazox and its 

metabolites containing the PT–1–3 

moiety. Contact: RD. 

PP 5E8399. EPA–HQ–OPP–2015– 

0658. IR–4 Project Headquarters, 

Rutgers, The State University of New 

Jersey, 500 College Road East, Suite 201 

W, Princeton, NJ 08540, proposes upon 

establishment of tolerances referenced 

above under ‘‘New Tolerances’’ to 

remove existing tolerances in 40 CFR 

180.568 for residues of the herbicide, 

flumioxazin 2-[7-fluoro-3,4-dihydro3- 

oxo-4-(2-proponyl)-2H-1,4-benzoxazin6-yl]-4,5,6,7-tetrahydro-1Hisoindole1,3(2H)-dione in or on the raw 

agricultural commodities: Cabbage at 

0.02 ppm; cabbage, Chinese, napa at 

0.02 ppm; fruit, pome group 11 at 0.02 

ppm; fruit, stone, group 12 at 0.02 ppm; 

garlic at 0.02 ppm; grape at 0.02 ppm; 

nut, tree group 14 at 0.02 ppm; okra at 

0.02 ppm; onion, bulb at 0.02 ppm; 

pistachio at 0.02 ppm; shallot bulb at 

0.02 ppm; strawberry at 0.07 ppm and 

vegetable, fruiting group 8 at 0.02 ppm. 

Adequate enforcement methodology 

(gas chromatography/nitrogenphosphorus detection (GC/NPD) 

method, Valent Method RM30–A–3) is 

available to enforce the tolerance 

expression. Contact: RD. 

New Tolerance Exemptions 

PP IN-10848. EPA–HQ–OPP–2015– 

0776. Jeneil Biosurfactant Company, 400 

N. Dekora Woods Blvd. Saukville, WI 

53080, requests to establish an 

exemption from the requirement of a 

tolerance for residues of methyl 

isobutyrate (CAS Reg. No. 547–63–7) 

when used as an inert ingredient 

(solvent) in pesticide formulations 

applied to growing crops and raw 

agricultural commodities after harvest 

under 40 CFR 180.910. The petitioner 

believes no analytical method is needed 

because it is not required for an 

exemption from the requirement of a 

tolerance. Contact: RD. 

PP IN-10850. EPA–HQ–OPP–2015– 

0831. Jeneil Biosurfactant Company, 400 

N. Dekora Woods Blvd. Saukville, WI 

53080, requests to establish an 

exemption from the requirement of a 

tolerance for residues of isobutyl 

isobutyrate (CAS Reg. No. 97–85–8) 

when used as an inert ingredient 

(solvent) in pesticide formulations 

applied to growing crops and raw 

agricultural commodies after harvest 

under 40 CFR 180.910. The petitioner 

believes no analytical method is needed 

because it is not required for an 

exemption from the requirement of a 

tolerance. Contact: RD. 

PP IN-10854. EPA–HQ–OPP–2015– 

0655. SciReg Inc., 12733 Director’s 

Loop, Woodbridge, VA 22192, on behalf 

of Taminco US Inc., a subsidiary of 

Eastman Chemical Company, Two 

Windsor Plaza, Suite 400, 7450 Windsor 

Drive, Allentown, PA 18195, requests to 

establish an exemption from the 

requirement of a tolerance for residues 

of 2-pyrrolidinone, 1-butyl- (CAS Reg. 

No. 3470–98–2) when used as an inert 

ingredient (solvent/cosolvent) in 

pesticide formulations applied to 

growing crops under 40 CFR 180.920. 

The petitioner believes no analytical 

method is needed because it is not 

required for an exemption from the 

requirement of a tolerance. Contact: RD. 

PP IN-10889. EPA–HQ–OPP–2015– 

0858. Baker Petrolite LLC, 12645 West 

Airport Boulevard, Sugar Land, TX 

77478, requests to establish an 

exemption from the requirement of a 

tolerance for residues of alcohols, C>14, 

ethoxylated (CAS Reg. No. 251553–55– 

6) when used as an inert ingredient in 

pesticide formulations under 40 CFR 

180.910, 40 CFR 180.920, 40 CFR 

180.930, 40 CFR 180.940(a) and 40 CFR 

180.960. The petitioner believes no 

analytical method is needed because it 

is not required for an exemption from 

the requirement of a tolerance. Contact: 

RD. 

PP IN-10894. EPA–HQ–OPP–2016– 

0038. Michelman, 9080 Shell Road, 

Cincinnati, OH 45236, requests to 

establish an exemption from the 

requirement of a tolerance for residues 

of ethylene acrylic acid copolymer with 

a minimum number average molecular 

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Federal Register / Vol. 81, No. 51 / Wednesday, March 16, 2016 / Proposed Rules 14033 

weight (in amu) of 5,500 (CAS Reg. No. 

9010–77–9) when used as an inert 

ingredient in pesticide formulations 

under 40 CFR 180.960. The petitioner 

believes no analytical method is needed 

because it is not required for an 

exemption from the requirement of a 

tolerance. Contact: RD. 

Authority: 21 U.S.C. 346a. 

Dated: March 10, 2016. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2016–05952 Filed 3–15–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 76 

[MB Docket No. 16–42; CS Docket No. 97– 

80; FCC 16–18] 

Expanding Consumers’ Video 

Navigation Choices; Commercial 

Availability of Navigation Devices 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, we propose 

new rules to empower consumers to 

choose how they wish to access the 

multichannel video programming to 

which they subscribe, and promote 

innovation in the display, selection, and 

use of this programming and of other 

video programming available to 

consumers. We take steps to fulfill our 

obligation under section 629 of the 

Communications Act to assure a 

commercial market for devices that can 

access multichannel video programming 

and other services offered over 

multichannel video programming 

systems. We propose rules intended to 

allow consumer electronics 

manufacturers, innovators, and other 

developers to build devices or software 

solutions that can navigate the universe 

of multichannel video programming 

with a competitive user interface. We 

also seek comment on outstanding 

issues related to our CableCARD rules. 

DATES: Submit comments on or before 

April 15, 2016. Submit reply comments 

on or before May 16, 2016. Written 

comments on the Paperwork Reduction 

Act proposed information collection 

requirements must be submitted by the 

public, Office of Management and 

Budget (OMB), and other interested 

parties on or before May 16, 2016. 

ADDRESSES: In addition to filing 

comments with the Secretary, a copy of 

any comments on the Paperwork 

Reduction Act (PRA) information 

collection requirements contained 

herein should be submitted to the 

Federal Communications Commission 

via email to PRA@fcc.gov and to 

Nicholas A. Fraser, Office of 

Management and Budget, via email to 

Nicholas_A._Fraser@omb.eop.gov or via 

fax at 202–395–5167. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Brendan Murray, 

Brendan.Murray@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418– 

1573. Contact Cathy Williams, 

Cathy.Williams@fcc.gov, (202) 418–2918 

concerning PRA matters. 

SUPPLEMENTARY INFORMATION: Congress 

adopted section 629 of the 

Communications Act in 1996, and since 

then each era of technology has brought 

unique challenges to achieving Section 

629’s goals. When Congress first 

directed the Commission to adopt 

regulations to assure a commercial 

market for devices that can access 

multichannel video programming, the 

manner in which MVPDs offered their 

services made it difficult to achieve the 

statutory purpose. Cable operators used 

widely varying security technologies, 

and the best standard available to the 

Commission was the hardware-based 

CableCARD standard—which the cable 

and consumer electronics industries 

jointly developed—that worked only 

with one-way cable services. In 2010, 

the Commission sought comment on a 

new approach that would work with 

two-way services, but still only a 

hardware solution would work because 

software-based security was not 

sophisticated enough to meet content 

companies’ content protection demands. 

This concept, called ‘‘AllVid,’’ would 

have allowed electronics manufacturers 

to offer retail devices that could access 

multichannel video programming, but 

would have required all operators to put 

a new device in the home between the 

network and the retail or leased set-top 

box. Now, as MVPDs move to Internet 

Protocol (‘‘IP’’) to deliver their services 

and to move content throughout the 

home, those difficulties are gone. Today, 

MVPDs provide ‘‘control channel’’ data 

that contains (1) the channels and 

programs they carry, (2) whether a 

consumer has the right to access each of 

those channels and programs, and (3) 

the usage rights that a consumer has 

with respect to those channels and 

programs. Many MVPDs already use 

Internet Protocol (‘‘IP’’) to provide this 

control channel data. Moreover, most 

MVPDs have coalesced around a few 

standards and specifications for delivery 

of the video content itself, and many 

have progressed to sending content 

throughout the home network via IP. 

This standardization and increasing 

reliance on IP allows for software 

solutions that, with ground rules to 

ensure a necessary degree of 

convergence, will make it easier to 

finally fulfill the purpose of Section 

629. 

The regulatory and technological path 

to this proceeding reflects a long 

history. It begins with the 

Telecommunications Act of 1996, when 

Congress added Section 629 to the 

Communications Act. Section 629 

directs the Commission to adopt 

regulations to assure the commercial 

availability of devices that consumers 

use to access multichannel video 

programming and other services offered 

over multichannel video programming 

networks. Section 629 goes on to state 

that these devices should be available 

from ‘‘manufacturers, retailers, and 

other vendors not affiliated with any 

multichannel video programming 

distributor.’’ It also prohibits the 

Commission from adopting regulations 

that would ‘‘jeopardize security of 

multichannel video programming and 

other services offered over multichannel 

video programming systems, or impede 

the legal rights of a provider of such 

services to prevent theft of service.’’ In 

enacting the section, Congress pointed 

to the vigorous retail market for 

customer premises equipment used with 

the telephone network and sought to 

create a similarly vigorous market for 

devices used with services offered over 

MVPDs’ networks. 

The Commission first adopted rules to 

implement Section 629 in 1998, just as 

‘‘the enormous technological change 

resulting from the movement from 

analog to digital communications [was] 

underway.’’ The Commission set 

fundamental ground rules for consumerowned devices and access to services 

offered over multichannel video 

programming systems. The rules 

established (1) manufacturers’ right to 

build, and consumers’ right to attach, 

any non-harmful device to an MVPD 

network, (2) a requirement that MVPDs 

provide technical interface information 

so manufacturers, retailers, and 

subscribers could determine device 

compatibility, (3) a requirement that 

MVPDs make available a separate 

security element that would allow a settop box built by an unaffiliated 

manufacturer to access encrypted 

multichannel video programming 

without jeopardizing security of 

programming or impeding the legal 

rights of MVPDs to prevent theft of 

service, and (4) the integration ban, 

which required MVPDs to commonly 

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