Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Proposed Rules 83881 

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). 

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 and/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 data or 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 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 Tolerance Exemptions for NonInerts (Except PIPS) 

1. PP 9F8781. EPA–HQ–OPP–2019– 

0515. Valent BioSciences LLC, 870 

Technology Way, Libertyville, IL 60048, 

requests to establish an exemption from 

the requirement of a tolerance in 40 CFR 

part 180 for residues of the plant 

regulator 1- 

Aminocyclopropanecarboxylic acid 

(ACC) in or on apple and stone fruit. 

The analytical methods Ultra HighPerformance Liquid ChromatographyTandem Mass Spectrometry is available 

to EPA for the detection and 

measurement of the pesticide residues. 

2. PP 9F8802. (EPA–HQ–OPP–2020– 

0328). Certis USA LLC, 9145 Guilford 

Rd., Suite 175, Columbia, MD 21046, 

requests to establish an exemption from 

the requirement of a tolerance in 40 CFR 

part 180 for residues of the insecticide 

Spodoptera frugiperdamultiplenucleopo

lyhedrovirusisolate NPV003 in or on all 

food commodities. The petitioner 

believes no analytical method is needed 

because it is requesting an exemption 

from the requirement of a tolerance. 

New Tolerance Exemptions for PIPS 

PP 0F8839. (EPA–HQ–OPP–2020– 

0546). Bayer CropScience LP, 800 N. 

Lindbergh Blvd., St. Louis, MO 63167, 

requests to establish an exemption from 

the requirement of a tolerance in 40 CFR 

part 174 for residues of the plantincorporated protectants (PIPs) 

Cry1B.868 and Cry1DA_7 proteins 

derived from Bacillus thuringienisis in 

or on the food and feed commodities of 

corn, field; corn, sweet; and corn, pop. 

The petitioner believes no analytical 

method is needed because this petition 

is for a permanent exemption from the 

requirement of a tolerance without 

numerical limitation. 

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

Dated: November 24, 2020. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Pesticide Programs. 

[FR Doc. 2020–28123 Filed 12–22–20; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

49 CFR Part 13 

[Docket No. DOT–OST–2020–0229] 

RIN 2105–AE97 

Procedures for Considering 

Environmental Impacts 

AGENCY: Office of the Secretary (OST), 

U.S. Department of Transportation 

(DOT). 

ACTION: Notification of denial of request 

for extension of comment period. 

SUMMARY: This document denies the 

request to extend the comment period 

on the U.S. Department of 

Transportation (DOT) notice of 

proposed rulemaking (NPRM) on 

Procedures for Considering 

Environmental Impacts. This NPRM 

contains the Department’s procedures 

implementing the National 

Environmental Policy Act and outlines 

the Department’s internal policies and 

procedures for environmental reviews of 

DOT’s actions. The NPRM was 

published in the Federal Register on 

November 23, 2020. 


jbell on DSKJLSW7X2PROD with PROPOSALS
83882 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Proposed Rules 

DATES: The closing date for comments 

on the notice of proposed rulemaking 

published on November 23, 2020 (85 FR 

74640), remains December 23, 2020. 

ADDRESSES: You may review the 

petitions to extend the public comment 

period and other comments under 

Docket Number DOT–OST–2020–0229 

through the Federal Regulations website 

at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

April Marchese, Director, Infrastructure 

Permitting Improvement Center, 202– 

366–2074, april.marchese@dot.gov, or 

Krystyna Bednarczyk, Office of the 

General Counsel, 202–366–5283, 

krystyna.bednarczyk@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 23, 2020, the U.S. 

Department of Transportation (DOT or 

Department) issued a notice of proposed 

rulemaking (NPRM) (85 FR 7460) to 

codify the Department’s procedures 

implementing the National 

Environmental Policy Act (NEPA). This 

NPRM would codify internal policies 

applicable to the Department’s 

performance of environmental reviews. 

The NPRM would direct the 

Department’s Operating 

Administrations to update their 

procedures consistent with regulations 

issued by the Council on Environmental 

Quality (CEQ), 40 CFR parts 1500–1508, 

and the Department’s own 

implementing procedures, when 

finalized. The Department’s existing 

procedures, which are contained in an 

internal order, have not been updated 

since 1985 and are inconsistent with 

current practice, and thus, 

modifications and changes are needed 

to make DOT’s regulations consistent 

with intervening statutory and policy 

changes. This NPRM would codify 

existing processes and policies and 

ensure consistency with CEQ 

regulations published in July 2020 and 

effective as of September 14, 2020 (85 

FR 43304 (July 16, 2020)). 

To date, DOT has received four 

petitions to extend the comment period, 

each asking for different lengths of an 

extension. Petitioners note that the 

comment period for the NPRM 

coincides with the holiday season. In 

addition, petitioners cite the 

coronavirus disease (COVID–19) public 

health emergency as an unprecedented 

circumstance necessitating the 

extension of the comment period. 

While DOT appreciates the concerns 

raised by the petitioners, we decline to 

extend the comment period for this 

rulemaking. The changes proposed by 

the NPRM would incorporate best 

practices, codify internal processes, 

provide conforming updates based on 

CEQ regulations, and provide 

consistency across the Department. The 

NPRM does not propose major 

discretionary changes to the way the 

Department analyzes the effects of 

proposed actions or ranges of 

alternatives; nor would the NPRM 

modify any analyses done in the Section 

4(f) analysis. 

DOT believes there is a strong interest 

in the timely issuance of these 

procedures to allow for the DOT 

Operating Administrations to issue their 

own procedural updates in accordance 

with the CEQ regulations. CEQ 

regulations at 40 CFR 1507.3(b) require 

Federal agencies to develop or revise, as 

necessary, procedures to implement the 

CEQ regulations, including eliminating 

any inconsistencies with the CEQ 

regulations by September 14, 2021. 

Before that date, DOT must review 

comments received on this pending 

NPRM and, based on the comments 

received, develop a final rule that would 

set the minimum standard for all of the 

Department’s procedures to follow. 

Once this NPRM is finalized, DOT 

Operating Administrations can begin to 

update their own procedures, many of 

which will also require notice and an 

opportunity for public comment before 

they can also be finalized. Individuals 

will have the opportunity to comment 

further on these implementing 

procedures, which will be more detailed 

than this NPRM and specifically 

tailored to the unique environmental 

programs overseen by each DOT 

Operating Administration. 

The Department further acknowledges 

that DOT administrative policy provides 

that ‘‘Generally, absent special 

considerations, the comment period for 

. . . significant DOT rules should be at 

least 45 days’’ (emphasis added) (49 

CFR 5.13(i)(3)). For the reasons cited 

above, DOT found special 

considerations exist that necessitate a 

comment period less than 45 days for 

this NPRM, which was designated 

significant by the Office of Management 

and Budget. DOT therefore denies the 

petitions to extend the comment period. 

Issued in Washington, DC, on December 

18, 2020, under authority delegated in 49 

CFR 1.23. 

Steven G. Bradbury, 

General Counsel (and performing the 

functions and duties of Deputy Secretary). 

[FR Doc. 2020–28467 Filed 12–22–20; 8:45 am] 

BILLING CODE 4910–9X–P 


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