### 40594 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Proposed Rules

**PART 7—RULES OF PRACTICE IN FILINGS PURSUANT TO THE**  **PROTOCOL RELATING TO THE MADRID AGREEMENT CONCERNING**  **THE INTERNATIONAL REGISTRATION OF MARKS** 

■ 3. The authority citation for 37 CFR part 7 continues to read as follows:

Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.

■ 4. Amend § 7.37 by revising paragraph (h) to read as follows:

**§ 7.37 Requirements for a complete affidavit or declaration of use in commerce**  **or excusable nonuse.**
* * * * *

(h) The Office may require the holder to furnish such information, exhibits, affidavits or declarations, and such additional specimens as may be reasonably necessary to the proper examination of the affidavit or declaration under section 71 of the Act or for the Office to assess and promote the accuracy and integrity of the register.

* * * * *

Dated: June 16, 2016. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2016–14791 Filed 6–21–16; 8:45 am]

**BILLING CODE 3510–16–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Parts 174 and 180**

**[EPA–HQ–OPP–2015–0032; FRL–9947–32]**

**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 July 22, 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 :**  Robert McNally, Biopesticides and Pollution Prevention Division (BPPD) (7511P), main telephone number: (703) 305–7090; email address: BPPDFRNotices@epa.gov., Susan Lewis, Registration Division (RD) (7505P), main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. As part of the mailing address, include the contact person’s name, division, and mail code. The division to contact is listed at the end of each pesticide petition summary.

**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 174 or 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 information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated


### 40595 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Proposed Rules

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 petitions so that the public has an opportunity to comment on these requests for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petitions may be obtained through the petition summaries referenced in this unit.

New Tolerances

PP 5F8380. EPA–HQ–OPP–2015– 0745. Bayer CropScience, 2 TW Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to establish a tolerance in 40 CFR part 180.555 for residues of the fungicide trifloxystrobin in or on: Cotton, gin byproducts at 3 parts per million (ppm); and cotton, undelinted seed (Crop subgroup 20C) at 0.5 ppm. Either gas chromatography with nitrogen-phosphorus detection, or liquid chromatography/mass spectrometry/mass spectrometry (LC/ MS/MS) are used to measure and evaluate the chemical trifloxystrobin and the free form of its acid metabolite CGA–321113 ((E,E )-methoxyimino-[2-[1- (3-trifluoromethyl-phenyl)- ethylideneaminooxymethyl]- phenyl]acetic acid). Contact: RD.

PP 5F8417. EPA–HQ–OPP–2015– 0787. K–I Chemical USA. Inc., 11 Martine Ave., Suite 970, White Plains, NY 10606, requests to establish tolerances in 40 CFR 180.659 for residues of the herbicide, pyroxasulfone (3-[(5-(difluoromethoxy)-1-methyl-3- (trifluoromethyl) pyrazole-4- ylmethylsulfonyl]-4,5-dihydro-5,5- dimethyl-1,2-oxazole) and its metabolites in or on dried shelled peas and beans (crop subgroup 6C) at 0.09 ppm, flax at 0.01 ppm, peanut at 0.2 ppm, and peanut hay at 2 ppm. The LC/ MS/MS has been proposed to enforce the tolerance expression for pyroxasulfone. Contact: RD. PP 5F8421. EPA–HQ–OPP–2015– 0825. BASF Corporation, 26 Davis Drive, P.O. Box 13528, Research Triangle Park, NC 27709, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide topramezone (3-(4,5-Dihydro-isoxazol-3- yl)-4-methanesulfonyl-2-methylphenyl]- (5-hydroxyl-1-methyl-1H-pyrazol-4- yl)methanone) in or on sugarcane, cane at 0.01 ppm. The LC/MS/MS is used to measure and evaluate the chemical topramezone (3-(4,5-Dihydro-isoxazol-3- yl)-4-methanesulfonyl-2-methylphenyl]- (5-hydroxyl-1-methyl-1H-pyrazol-4- yl)methanone). Contact: RD.

PP 6E8464. EPA–HQ–OPP–2016– 0257. Interregional Research No. 4 (IR– 4), Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in 40 CFR part 180.627 for residues of the fungicidefluopicolide [2,6-dichloro-N-[[3-chloro5-(trifluoromethyl)-2- pyridinyl]methyl]benzamide], including its metabolites and degradates, in or on the raw agricultural commodities: Basil, dried leaves at 200 ppm; basil, fresh leaves at 30 ppm; bean, succulent at 0.9 ppm; citrus, dried pulp at 0.048 ppm; citrus, oil at 1.94 ppm; hop, dried cones at 15 ppm; fruit, citrus, group10–10 at 0.02 ppm; fruit, small, vine climbing, except fuzzy kiwifruit, subgroup 13–07F at 2.0 ppm; and vegetable, fruiting, group 8–10 at 1.60 ppm. The analytical method consisting of high pressure LC/ MS/MS is used to measure and evaluate the chemical fluopicolide. Contact: RD.

PP 6E8467. EPA–HQ–OPP–2016– 0255. IR–4, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to establish tolerances in 40 CFR part 180 for the residues of the insecticide spirotetramat (cis-3-(2,5- dimethlyphenyl)-8-methoxy-2-oxo-1- azaspiro[4.5]dec-3-en-4-yl-ethyl carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy1-azaspiro[4.5]dec-3-en-2-one, cis-3- (2,5-dimethylphenyl)-3-hydroxy-8- methoxy-1-azaspiro[4.5]decane-2,4- dione, cis-3-(2,5-dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en4-yl beta-D-glucopyranoside, and cis-3- (2,5-dimethylphenyl)-4-hydroxy-8- methoxy-1-azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent of spirotetramat, in or on the raw agricultural commodities carrot, roots at 0.15 ppm; fruit, stone, group 12–12 at 4.5 ppm; and nut, tree, group 14–12 at 0.25 ppm. Analytical methodology to determine residues of spirotetramat in raw agricultural commodities includes high pressure LC/ MS/MS using the stable isotopically labeled analytes as internal standards. The limit of quantification (LOQ) for each analyte is 0.01 ppm for all commodities. This method is used to measure and evaluate spirotetramat. Contact RD.

PP 6E8477. EPA–HQ–OPP–2013– 0235. IR–4, 500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide chlorantraniliprole, 3-bromo-N-[4- chloro-2-methyl-6-[(methylamino)- carbonyl]phenyl]-1-(3-chloro-2- pyridinyl)-1H-pyrazole-5-carboxamide in or on the raw agricultural commodities teff, forage at 40 ppm; teff, grain at 6.0 ppm; teff, hay at 40 ppm; teff, straw at 40 ppm; quinoa, forage at 40 ppm; quinoa, grain at 6.0 ppm; quinoa, hay at 40 ppm; and quinoa, straw at 40 ppm. Analytical methodology has been developed and validated for enforcement purposes. Contact: RD.

Amended Tolerances

PP 5F8380. EPA–HQ–OPP–2015– 0745. Bayer CropScience, 2 TW Alexander Drive, P.O. Box 12014, Research Triangle Park, NC 27709, requests to amend the tolerance in 40 CFR 180.555 for residues of the fungicide trifloxystrobin in or on corn, field, forage at 8 ppm. Either a method based on gas chromatography with nitrogen-phosphorus detection, or LC/ MS/MS are used to measure and evaluate the chemical trifloxystrobin and the free form of its acid metabolite CGA–321113 ((E,E)-methoxyimino-[2-[1- (3-trifluoromethyl-phenyl)- ethylideneaminooxymethyl]- phenyl]acetic acid). Contact: RD.

PP 6E8464. EPA–HQ–OPP–2016– 0257. IR–4, Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to amend the tolerances in 40 CFR 180.627, upon establishment of the tolerances referenced above under ‘‘New Tolerances’’, to remove existing tolerances for residues of the fungicidefluopicolide [2,6-dichloro-N-[[3-chloro5-(trifluoromethyl)-2- pyridinyl]methyl]benzamide], including its metabolites and degradates, in or on the raw agricultural commodities grape at 2.0 ppm and vegetable, fruiting, group 8 at 1.60 ppm. The analytical method consisting of LC/MS/MS is used to measure and evaluate the chemical fluopicolide. Contact: RD.

PP 6E8467. EPA–HQ–OPP–2016– 0255. IR–4, IR–4 Project Headquarters, 500 College Road East, Suite 201 W, Princeton, New Jersey, 08540, requests to amend 40 CFR part 180.641 by removing the established tolerances for


### 40596 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Proposed Rules

the residues of the insecticide spirotetramat (cis-3-(2,5- dimethlyphenyl)-8-methoxy-2-oxo-1- azaspiro[4.5]dec-3-en-4-yl-ethyl carbonate) and its metabolites cis-3-(2,5-dimethylphenyl)-4-hydroxy-8-methoxy1-azaspiro[4.5]dec-3-en-2-one, cis-3- (2,5-dimethylphenyl)-3-hydroxy-8- methoxy-1-azaspiro[4.5]decane-2,4- dione, cis-3-(2,5-dimethylphenyl)-8-methoxy-2-oxo-1-azaspiro[4.5]dec-3-en4-yl beta-D-glucopyranoside, and cis-3- (2,5-dimethylphenyl)-4-hydroxy-8- methoxy-1-azaspiro[4.5]decan-2-one, calculated as the stoichiometric equivalent of spirotetramat, in or on fruit, stone, group 12 at 4.5 ppm; nut, tree, group 14 at 0.25 ppm; and pistachio at 0.25 ppm upon establishment of aforementioned ‘‘New Tolerances under PP 6E8467’’. Contact
RD.
New Tolerance Exemptions

PP 5F8410. EPA–HQ–OPP–2016– 0284. AFS009 Plant Protection, Inc., 104 T.W. Alexander Dr., Building 18, Research Triangle Park, NC 27709, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the fungicide Pseudomonas chlororaphis subsp.
aurantiaca strain AFS009 in or on all food commodities. The petitioner believes no analytical method is needed because it is expected that, when used as proposed, Pseudomonas chlororaphis subsp. aurantiaca strain AFS009 would not result in residues that are of toxicological concern. Contact: BPPD.

PP 6G8453. EPA–HQ–OPP–2016– 0279. Monsanto Company, 800 N. Lindbergh Blvd., St. Louis, MO 63167, requests to establish a temporary exemption from the requirement of a tolerance in 40 CFR part 174 for residues of the plant-incorporated protectant (PIP) Bacillus thuringiensis Cry51Aa2.834

_16 (mCry51Aa2) protein in or on cotton. The petitioner believes no analytical method is needed because this petition is requesting a temporary exemption from the requirement of a tolerance without numerical limitation. Contact: BPPD.

Authority: 21 U.S.C. 346a.
Dated: June 13, 2016. Daniel J. Rosenblatt, Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016–14816 Filed 6–21–16; 8:45 am]

**BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND**  **HUMAN SERVICES**

**Centers for Medicare & Medicaid Services** 

**42 CFR Parts 431 and 457**

**[CMS–6068–P]**

**RIN 0938–AS74**

**Medicaid/CHIP Program; Medicaid Program and Children’s Health**  **Insurance Program (CHIP); Changes to the Medicaid Eligibility Quality Control**  **and Payment Error Rate Measurement Programs in Response to the**  **Affordable Care Act**

**AGENCY :**  Centers for Medicare & Medicaid Services (CMS), HHS.

**ACTION :**  Proposed rule.

**SUMMARY :**  This proposed rule would update the Medicaid Eligibility Quality Control (MEQC) and Payment Error Rate Measurement (PERM) programs based on the changes to Medicaid and the Children’s Health Insurance Program (CHIP) eligibility under the Patient Protection and Affordable Care Act. This proposed rule would also implement various other improvements to the PERM program.

**DATES :**  To be assured consideration, comments must be received at one of the addresses provided below, no later than 5 p.m. on August 22, 2016.

**ADDRESSES :**  In commenting, please refer to file code CMS–6068–P. Because of staff and resource limitations, we cannot accept comments by facsimile (FAX) transmission.

You may submit comments in one of four ways (please choose only one of the ways listed):

1. Electronically. You may submit electronic comments on this regulation
to http://www.regulations.gov. Follow the instructions under the ‘‘More Search Options’’ tab.

2. By regular mail. You may mail written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–6068–P, P.O. Box 8016, Baltimore, MD 21244–8016.

Please allow sufficient time for mailed comments to be received before the close of the comment period.

3. By express or overnight mail. You may send written comments to the following address ONLY: Centers for Medicare & Medicaid Services, Department of Health and Human Services, Attention: CMS–6068–P, Mail Stop C4–26–05, 7500 Security Boulevard, Baltimore, MD 21244–1850. 4. By hand or courier. If you prefer, you may deliver (by hand or courier) your written comments before the close of the comment period to either of the following addresses:

a. For delivery in Washington, DC— Centers for Medicare & Medicaid Services, Department of Health and Human Services, Room 445–G, Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201.

(Because access to the interior of the Hubert H. Humphrey Building is not readily available to persons without federal government identification, commenters are encouraged to leave their comments in the CMS drop slots located in the main lobby of the building. A stamp-in clock is available for persons wishing to retain a proof of filing by stamping in and retaining an extra copy of the comments being filed.)

b. For delivery in Baltimore, MD— Centers for Medicare & Medicaid Services, Department of Health and Human Services, 7500 Security Boulevard, Baltimore, MD 21244–1850.

If you intend to deliver your comments to the Baltimore address, please call (410) 786–7195 in advance to schedule your arrival with one of our staff members.

Comments mailed to the addresses indicated as appropriate for hand or courier delivery may be delayed and received after the comment period.

For information on viewing public comments, see the beginning of the

**SUPPLEMENTARY INFORMATION** section.

**FOR FURTHER INFORMATION CONTACT :**  Bridgett Rider, (410) 786–2602.

**SUPPLEMENTARY INFORMATION :** 

Inspection of Public Comments: All comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post all comments received before the close of the comment period on the following Web site as soon as possible after they have been received: http:// www.regulations.gov. Follow the search instructions on that Web site to view public comments.

Comments received timely will also be available for public inspection as they are received, generally beginning approximately 3 weeks after publication of a document, at the headquarters of the Centers for Medicare & Medicaid Services, 7500 Security Boulevard, Baltimore, Maryland 21244, Monday through Friday of each week from 8:30 a.m. to 4 p.m. EST. To schedule an appointment to view public comments, phone 1–800–743–3951.