11488 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 

must continue to monitor and maintain 

records of nitrogen/oxygen levels on a 

monthly basis, in order to make any 

necessary adjustments to the GCCS. 

New York’s revised Part 208 adopts the 

federally mandated electronic reporting 

requirements, including, certain 

performance test reports, NMOC 

emission rate reports, annual reports, 

Tier 4 emission rate reports, and wet 

landfilling practices. The test reports are 

submitted through the EPA web portal, 

known as the Central Data Exchange 

(CDX), using the Compliance and 

Emissions Data Reporting Interface 

(CEDRI, or the ERT). New requirements 

for landfill gas treatment were 

developed within the revised Part 208 

in compliance with the federal EG. 

Landfills are required to develop a sitespecific treatment system monitoring 

plan, and keep records demonstrating 

effective monitoring of filtration, 

dewatering, and compression system 

performance. The treatment system 

monitoring plan must be submitted as 

part of a Title V permit application, and 

the monitoring parameters would be 

included in the permit as applicable 

enforceable conditions. Accordingly, the 

EPA proposes to approve New York’s 

revised State Plan for existing MSW 

landfills, since it includes all elements 

required by the amended EG in 40 CFR 

part 60 subpart Cf. 

B. What approval criteria did we use to 

evaluate New York’s revised State Plan? 

The EPA reviewed the substance of 

New York’s revised State Plan for 

approval based on the requirements set 

forth in 40 CFR 60.24 through 60.26, 

‘‘Subpart B-Adoption and Submittal of 

State Plans for Designated Facilities;’’ 40 

CFR 60.23a, ‘‘Adoption and submittal of 

State plans; public hearings;’’ 40 CFR 

60.27a, ‘‘Actions by the Administrator;’’ 

40 CFR part 60 subpart Cf, ‘‘Emission 

Guidelines and Compliance Times for 

Municipal Solid Waste Landfills;’’ and 

40 CFR part 62 subpart A, ‘‘General 

Provisions’’ for ‘‘Approval and 

Promulgation of State Plans for 

Designated Facilities and Pollutants.’’ 

IV. Incorporation by Reference 

In this document, the EPA is also 

proposing to incorporate by reference 

NYSDEC rules discussed in section III of 

this preamble in accordance with the 

requirements of 1 CFR 51.5. The EPA 

has made, and will continue to make, 

these materials available through the 

docket for this action, EPA–R02_OAR– 

2020–0431, at http://

www.regulations.gov, and at the EPA 

Region II Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. What is the EPA’s Conclusion? 

The EPA has determined that New 

York’s revised State Plan meets all the 

applicable approval criteria in 40 CFR 

part 60 subpart Cf, 40 CFR 60.24 

through 60.26, 40 CFR 60.23a; 40 CFR 

60.27a, and 40 CFR part 62 subpart A. 

Therefore, the EPA is proposing to 

approve New York State’s section 111(d) 

revised State Plan for existing MSW 

landfills, which includes revisions to 6 

NYCRR Part 208, ‘‘Landfill Gas 

Collection and Control Systems for 

Certain Municipal Solid Waste 

Landfills,’’ and Part 200, ‘‘General 

Provisions,’’ with an effective date of 

September 4, 2019. 

VI. Statutory and Executive Order 

Reviews 

Pursuant to EPA regulations, the 

Administrator may approve a plan or 

any portion thereof upon a 

determination that it meets sections 

111(d) and 129 of the Act and 

applicable regulations. See 40 CFR 

62.02. 

Accordingly, this action, if finalized, 

would merely approve state law that 

meets federal requirements, and would 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action, if finalized: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735 

(Oct. 4, 1993)); and Executive Order 

13563 (76 FR 3821 (Jan. 21, 2011)); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255 (Aug. 10, 

1999)); 

• Is not an ‘‘economically significant’’ 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885 (April 23, 1997)); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355 (May 22, 2001)); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (Pub. L. 104–113) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629 (Feb. 16, 1994)). 

In addition, this proposed rule is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications, and will not impose 

substantial direct compliance costs on 

tribal governments, or preempt tribal 

law, as specified by Executive Order 

13175 (65 FR 67249 (Nov. 9, 2000)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Landfills, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: February 10, 2021. 

Walter Mugdan, 

Acting Regional Administrator, Region 2. 

[FR Doc. 2021–03054 Filed 2–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0088; FRL–10020–47] 

Receipt of a Pesticide Petition Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities (February 

2021) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Filing of petition and request for 

comment. 

SUMMARY: This document announces the 

Agency’s receipt of an initial filing of a 

pesticide petition 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 March 29, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0088, by 

using the Federal eRulemaking Portal at 

Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 11489 

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. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (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). 

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 receipt of a 

pesticide petition 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 request before 

responding to the petitioner. EPA is not 

proposing any particular action at this 

time. EPA has determined that the 

pesticide petition described in this 

document contains 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 supports granting of the 

pesticide petition. 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 this pesticide petition. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition that is the 

subject of this document, prepared by 

the petitioner, is included in a docket 

EPA has created for this rulemaking. 

The docket for this petition 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. 

Amended Tolerances for Non–Inerts 

1. PP 0F8855. (EPA–HQ–OPP–2020– 

0607). Bayer CropScience, 800 N 

Lindbergh Blvd., St. Louis, MO 63167, 

requests to amend the tolerance(s) in 40 

CFR 180.661(a)(1) for residues of the 

fungicide fluopyram (N-[2-[3-chloro-5- 

(trifluoromethyl)-2-pyridinyl]ethyl]-2- 

(trifluoromethyl)benzamide) in or on 

Grain, cereal, group 15, except corn and 

rice from 4.0 parts per million (ppm) to 

0.5 ppm, and Rapeseed subgroup 20A 

from 5.0 ppm to 0.3 ppm. High 

performance liquid chromatographyelectrospray ionization/tandem mass 

spectrometry (LC/MS/MS) is used to 

measure and evaluate the chemical 

fluopyram. Contact: RD. 

2. PP 0F8855. (EPA–HQ–OPP–2020– 

0607). Bayer CropScience, 800 N 

Lindbergh Blvd., St. Louis, MO 63167, 

requests to amend the tolerance(s) in 40 

CFR 180.661(2) for residues of the 

fungicide fluopyram (N-[2-[3-chloro-5- 

(trifluoromethyl)-2-pyridinyl]ethyl]-2- 

(trifluoromethyl)benzamide) and its 

metabolite 2- 

(trifluoromethyl)benzamide, expressed 

in parent equivalents in or on the 

animal commodities of Cattle, fat from 

0.70 ppm to 0.60 ppm, Cattle, meat from 

0.80 ppm to 0.60 ppm, Cattle, meat 

byproducts from 7.5 ppm to 6.0 ppm, 

Egg from 0.08 ppm to 0.06 ppm, Goat, 

fat from 0.70 ppm to 0.60 ppm, Goat, 

meat from 0.80 ppm to 0.60 ppm, Goat, 

meat byproducts from 7.5 ppm to 6.0 

ppm, Hog, fat from 0.20 ppm to 0.01 

ppm, Hog, meat from 0.02 ppm to 0.01 

ppm, Hog, meat byproducts from 0.20 

ppm to 0.06 ppm, Horse, fat from 0.70 

ppm to 0.60 ppm, Horse, meat from 0.80 

ppm to 0.60 ppm, Horse, meat 

byproducts from 7.5 ppm to 6.0 ppm, 

Poultry, fat from 0.04 ppm to 0.03 ppm, 

Poultry, meat from 0.04 ppm to 0.03 

ppm, Poultry, meat byproducts from 

0.20 ppm to 0.10 ppm, Sheep, fat from 

0.70 ppm to 0.60 ppm, Sheep, meat 

from 0.80 ppm to 0.60 ppm, and Sheep, 

meat byproducts from 7.5 ppm to 6.0 

ppm. High performance liquid 

chromatography-electrospray 

ionization/tandem mass spectrometry 

(LC/MS/MS) is used to measure and 

evaluate the chemical fluopyram and its 

metabolite 2- 

(trifluoromethyl)benzamide. Contact: 

RD. 

11490 Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Proposed Rules 

New Tolerances for Non–Inerts 

1. PP 0E8847. (EPA–HQ–OPP–2020– 

0419). Syngenta Crop Protection, LLC, 

P.O. Box 18300, Greensboro, NC 27419, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide, fludioxonil, [4-(2,2-difluoro1,3-benzodioxol-4-yl)-1H-pyrrole-3- 

carbonitrile] in or on carrot, roots at 7 

parts per million (ppm); celtuce at 15 

ppm; cottonseed subgroup 20C at 0.05 

ppm; dragon fruit at 20 ppm; durian at 

20 ppm; fennel, florence, fresh leaves 

and stalk at 15 ppm; jackfruit at 20 ppm; 

leaf petiole vegetable subgroup 22B at 

15 ppm; leafy greens subgroup 4–16A at 

30 ppm; mangosteen at 5 ppm; 

persimmon, Japanese at 5 ppm; 

sunflower subgroup 20B at 0.01 ppm; 

tropical and subtropical, small fruit, 

inedible peel, subgroup 24A at 20 ppm; 

vegetable, legume, group 6, except bean, 

dry and bean, succulent at 0.01 ppm; 

vegetable, root, except sugar beet, 

subgroup 1B, except carrot and ginseng 

at 0.75 ppm; and vegetable, tuberous 

and corm, subgroup 1C, except yam, 

true, tuber at 6 ppm. Upon approval of 

the aforementioned tolerances, it is 

proposed that 40 CFR 180.516 be 

amended to remove established 

tolerances for the residues of 

fludioxonil, [4-(2,2-difluoro-1,3- 

benzodioxol-4-yl)-1H-pyrrole-3- 

carbonitrile] in or on the raw 

agricultural commodities: Carrots at 7.0 

ppm; cotton, undelinted seed at 0.05 

ppm; dragon fruit at 1.0 ppm; leaf 

petioles subgroup 4B at 15 ppm; leafy 

greens subgroup 4A at 30 ppm; longan 

at 20 ppm; lychee at 20 ppm; melon 

subgroup 9A at 0.03 ppm; safflower, 

seed at 0.01 ppm; Spanish lime at 20 

ppm; sunflower, seed at 0.01 ppm; 

vegetable, legume, group 6 at 0.01 ppm; 

vegetable, root, except sugar beet, 

subgroup 1B at 0.75 ppm; and vegetable, 

tuberous and corm, subgroup 1C at 6.0 

ppm. The analytical method uses 

Syngenta Crop Protection Method AG– 

597B. This method has passed an EPA 

petition method validation for several 

commodities, which is currently the 

enforcement method for fludioxonil. 

Contact: RD. 

2. PP 0E8862. (EPA–HQ–OPP–2020– 

0603). The Interregional Research 

Project No. 4 (IR–4), Rutgers, The State 

University of New Jersey, 500 College 

Road East, Suite 201 W, Princeton, NJ 

08540, requests to establish a tolerance 

in 40 CFR part 180.677 for residues of 

the insecticide cyflumetofen, 2- 

methoxyethyl a-cyano-a-[4-(1,1- 

dimethylethyl)phenyl]-b-oxo-2- 

(trifluoromethyl)benzenepropanoate in 

or on Hop, dried cones at 30 parts per 

million (ppm). The ‘‘Method for 

Determination of Residues of 

Cyflumetofen (BAS 9210 I) and its 

Metabolites in Plant Matrices Using LC– 

MS/MS; BASF Analytical Method 

Number: D1003; Dated: September 26, 

2011’’ and ‘‘Independent Laboratory 

Validation of BASF Method D1003 for 

BAS 9210 I and B–1 in Hops using LC– 

MS/MS; Author: Nadzeya Homazava, 13 

June 2017.’’ BASF Doc ID 2017/1002961 

are used to measure and evaluate the 

chemical. Contact: RD. 

3. PP 0F8853. (EPA–HQ–OPP–2020– 

0375). Syngenta Crop Protection, LLC, 

P.O. Box 18300, Greensboro, NC 27419, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

herbicide, bicyclopyrone in or on 

banana at 0.01 parts per million (ppm); 

broccoli at 0.01 ppm; garlic, bulb at 0.02 

ppm; hops, dried cones at 0.04 ppm; 

horseradish at 0.015 ppm; onion, bulb: 

0.02 ppm, onion, green at 0.05 ppm; 

papaya at 0.01 ppm; plantains at 0.01 

ppm; strawberry at 0.01 ppm; sweet 

potato, roots at 0.02 ppm; timothy, 

forage at 0.9 ppm; timothy, hay at 1.5 

ppm; and watermelon at 0.01 ppm. The 

Analytical methods GRM030.05A, 

GRM030.05B, GRM030.08A is used to 

measure and evaluate the chemical 

bicyclopyrone. Contact: RD. 

4. PP 0F8855. (EPA–HQ–OPP–2020– 

0607). Bayer CropScience, 800 N 

Lindbergh Blvd., St. Louis, MO 63167 

requests to establish a tolerance in 40 

CFR part 180.661 for residues of the 

fungicide fluopyram (N-[2-[3-chloro-5- 

(trifluoromethyl)-2-pyridinyl]ethyl]-2- 

(trifluoromethyl)benzamide) in or on 

coffee at 0.03 parts per million (ppm). 

High performance liquid 

chromatography-electrospray 

ionization/tandem mass spectrometry 

(LC/MS/MS) is used to measure and 

evaluate the chemical fluopyram. 

Contact: RD 

5. PP 0F8858. (EPA–HQ–OPP–2021– 

0020). Syngenta Crop Protection, LLC, 

P.O. Box 18300, Greensboro, NC 27419, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

fungicide, fludioxonil, [4-(2,2-difluoro1,3-benzodioxol-4-yl)-1H-pyrrole-3- 

carbonitrile] in or on tree nut crop group 

14–12, except pistachios at 0.2 parts per 

million (ppm) and almond hulls at 15 

ppm. The analytical method uses 

Syngenta Crop Protection Method AG– 

597B. This method has passed an EPA 

petition method validation for several 

commodities, which is currently the 

enforcement method for fludioxonil. 

Contact: RD. 

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

Dated: February 12, 2021. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2021–03714 Filed 2–24–21; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 15 

[ET Docket No. 20–36; FCC 20–156; FRS 

17403] 

Unlicensed White Space Device 

Operations in the Television Bands 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission seeks comment on the use 

of a terrain-based propagation model 

such as Longley-Rice for determining 

white space channel availability and 

seeks to develop a record on whether or 

not to implement such a model. In 

particular, the Commission seeks 

comment on the effect use of such a 

model would have on availability of 

channels for white space devices, how 

a terrain-based model such as LongleyRice could be implemented within the 

current white space device framework, 

the technical parameters necessary to 

use such a model for identifying 

available spectrum while protecting 

incumbents from harmful interference, 

and various database and device 

implementation issues. 

DATES: Comments are due on or before 

March 29, 2021; reply comments are 

due on or before April 26, 2021. 

ADDRESSES: You may submit comments, 

identified by ET Docket No. 20–36, by 

any of the following methods: 

• Federal Communications 

Commission’s Website: http://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Hugh Van Tuyl, Office of Engineering 

and Technology, 202–418–7506, 

Hugh.VanTuyl@fcc.gov.