Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 60591 

66 It appears that not all DMPs use the adjustment 

provisions. MLC Ex Parte Letter at 4 (Dec. 21, 2022) 

(noting that ‘‘over half of the blanket licensees 

submitted annual reports of usage for 2021 without 

any concurrent adjustment’’). 

67MLC Initial Comments at 8. 

68NMPA Initial Comments at 4 (citing 17 U.S.C. 

115(d)(10)(B)(v)). 

69Bittner v. United States, 598 U.S. 85, 94 (2023). 

70MLC Initial Comments at 6 n.1. 

71NMPA Initial Comments at 8. 

72 DLC Initial Comments at 6; DLC Reply 

Comments at 6 (‘‘It is entirely unclear why that is 

true for interim section 115 rates but not true for 

interim rates or payments to PROs or labels.’’). 

73 17 U.S.C. 115(c)(1)(C). 

74See id. at 115(c)(2)(I). 

75See id. at 115(d)(4)(A)(i). 

76See id. at 115(c)(1)(C). 

77See id. 

and adjustment regulations 66 may have 

to pay late fees under the CRJs’ 

regulations for any underpayments, that 

has no bearing on whether the statutory 

text is ambiguous. As the MLC points 

out, the estimate and adjustment 

regulations adopted by the Office 

pursuant to that provision allow DMPs 

‘‘to use estimates where appropriate 

without violating the law[,] . . . but not 

the ability to pay royalties later than the 

statutory due date.’’ 67

Further, as the NMPA noted, Congress 

knows how to exempt certain types of 

royalty payments from incurring late 

fees, as it did with the optional statutory 

limitation on liability for certain 

unlicensed uses prior to the license 

availability date.68 Under the negativeimplication cannon of statutory 

construction, ‘‘[w]hen Congress 

includes particular language in one 

section of a statute but omits it from a 

neighbor, we normally understand that 

difference in language to convey a 

difference in meaning,’’ 69 i.e., that 

textual difference is presumed to be 

intentional. 

2. Distinguishing the Phonorecords III 

Remand Determination 

Commenters appear to be in 

agreement that late fees do not apply to 

adjustments resulting from the change 

in rates and terms following the CRJs’ 

Phonorecords III Remand 

determination. For example, the MLC 

reasoned that where applicable royalty 

rates are changed, as with the 

Phonorecords III Remand proceeding, 

there would be no underpayment to 

trigger late fees, as the ‘‘rates were not 

in effect at those times.’’ 70 Similarly, 

the NMPA states that ‘‘where rates have 

not yet been determined, payment 

under the not-yet determined rates are 

not ‘due’ ’’ and ‘‘[payment] only 

become[s] ‘due’ when [the rates] are 

determined.’’ 71 The DLC believes that it 

would be illogical and inconsistent for 

DMPs’ ‘‘true-up’’ payments made after 

the Phonorecords III Remand 

determination to be considered 

‘‘late.’’ 72

The Office concurs that no late fees 

are owed in connection with any 

Phonorecords III Remand adjustments. 

Under section 115(c)(1)(C), for digital 

phonorecord deliveries (including uses 

under the blanket license), ‘‘the royalty 

payable shall be the royalty prescribed 

under subparagraphs (D) through (F), 

paragraph (2)(A), and chapter 8.’’ 73

Therefore, what constitutes ‘‘all 

royalties’’ 74 that are ‘‘due’’ for any given 

monthly reporting period 75 are the 

royalties ‘‘prescribed’’ under the rates 

and terms that are in effect at that 

time.76 By definition, the newer rates 

and terms, despite having retroactive 

effect, were not ‘‘the royalty prescribed’’ 

at the time the previous payment was 

due, and therefore did not constitute 

‘‘the royalty payable’’ at that time.77

Previously timely payments cannot 

subsequently be rendered late because 

of a retroactive change in the rates and 

terms adopted by the CRJs. 

C. The CRJs’ Authority To Set Late Fees 

As noted above, the Copyright Office 

concludes that the MMA’s provisions 

are not ambiguous or silent on the issue 

of when royalty payments are due; 

therefore our inquiry ends here. To the 

extent that interested parties have 

competing policy concerns about when 

or how late fees should be incurred, 

such concerns must be addressed either 

to Congress or the CRJs, as Congress 

delegated authority over the substance 

of late fees to the CRJs and not the 

Office. 

While we offer no views regarding 

what late fee regulations should be 

adopted by the CRJs, if any, the Office 

does take the position that the CRJs have 

broad and flexible authority under 

section 803(c)(7) to adopt late fee terms, 

including by adopting differentiated or 

variable late fees (e.g., where the 

amounts can change over time), if the 

CRJs see fit to do so and such 

regulations are otherwise consistent 

with title 17 and based on an 

appropriate record. Nothing in title 17 

suggests that the CRJs cannot adopt 

different late fees (whether with respect 

to their amount(s) or how they operate) 

based on competing policy concerns. 

Dated: August 23, 2023. 

Suzanne V. Wilson, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2023–18609 Filed 9–1–23; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2023–0189; FRL–10876– 

02–R1] 

Air Plan Approval; Connecticut; New 

Source Review Permit Program State 

Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Connecticut State Implementation 

Plan (leSIP) concerning ruits New 

Source Review (NSR) permit program. 

The Connecticut Department of Energy 

and Environmental Protection (CT 

DEEP) submitted these revisions on 

December 15, 2020, as well as a 

supplemental letter on February 14, 

2023. The revised SIP incorporates 

various updates to CT DEEP’s NSR 

procedural requirements, substantive 

review criteria, provisions related to the 

control of volatile organic compounds 

(VOCs), and clarifying revisions to 

existing SIP-approved regulations. EPA 

is also fully approving the state’s 

infrastructure SIP for the 2015 National 

Ambient Air Quality Standards 

(NAAQS) ozone standard, which was 

previously conditionally approved. 

DATES: This rule is effective on October 

5, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0189. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Kilpatrick, Air Permits, Toxics, 


ddrumheller on DSK120RN23PROD with RULES1
60592 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 

and Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, APTB05–2, Boston, MA 

02109–0287. Telephone: 617–918–1652. 

Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Purpose 

II. Response to Comments 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On April 11, 2023, EPA published a 

Notice of Proposed Rulemaking (NPRM) 

for the State of Connecticut. The NPRM 

proposed approving CT DEEP’s revised 

SIP for its NSR permit program at 

Regulations of Connecticut State 

Agencies (RCSA) 22a–174–2a, 22a–174– 

3a, and 22a–174–20. The NPRM also 

proposed to convert a conditional 

approval to full approval for the 2015 

NAAQS ozone standard infrastructure 

SIP as it relates to Clean Air Act (CAA) 

section 110(a)(2)(K) and for the 

Prevention of Significant Deterioration 

(PSD) requirements of CAA sections 

110(a)(2)(D)(i)(II), 110(a)(2)(C), and 

110(a)(2)(J). CT DEEP initially submitted 

a formal SIP revision to EPA on 

December 15, 2020, and a supplemental 

clarification letter was submitted on 

February 14, 2023. The rationale for 

EPA’s proposed approval of the revised 

SIP is explained in the NPRM and will 

not be restated here. No germane 

comments were received regarding the 

NPRM. 

II. Response to Comments 

EPA received four comments during 

the comment period, all of which were 

identical and outside the scope of this 

action. As such, these comments are 

nongermane and do not require further 

response to finalize the action as 

proposed. Nevertheless, EPA is 

including these comments in the docket 

for this rule. 

III. Final Action 

EPA is approving CT DEEP’s revised 

SIP for its NSR permit program as well 

as converting a conditional approval to 

a full approval for 2015 NAAQS ozone 

standard requirements in the 

Connecticut infrastructure SIP. 

Specifically, EPA is amending 40 CFR 

part 52, subpart H—Connecticut to 

include revisions to RCSA 22a–174–2a 

(Procedural Requirements for New 

Source Review and Title V Permitting), 

22a–174–3a (Permit to Construct and 

Operate Stationary Sources), and 22a– 

174–20 (Control of Organic Compound 

Emissions) and is updating the CAA 

110(a)(2) infrastructure requirements. 

Specifically, EPA is approving revisions 

to: 

• Regulations of Connecticut State 

Agencies Section 22a–174–2a 

‘‘Procedural Requirements for New 

Source Review and Title V Permitting,’’ 

22a–174–2a(c)(3), 22a–174–2a(d)(9), 

22a–174–2a(e)(3)(C), 22a–174– 

2a(e)(3)(E), 22a–174–2a(e)(7), 22a–174– 

2a(f)(2), and 22a–174–2a(f)(2)(G), 

amended by the State of Connecticut on 

November 18, 2020; 

• Regulations of Connecticut State 

Agencies Section 22a–174–3a, ‘‘Permit 

to Construct and Operate Stationary 

Sources,’’ at 22a–174–3a(a)(2)(A)(ii) 

through (v), 22a–174–3a(a)(5), 22a–174– 

3a(d)(3)(B) and (C), 22a–174–3a(i) Table 

3a(i)–1, 22a–174–3a(i)(2), 22a–174– 

3a(j)(1)(B), 22a–174–3a(j)(8)(A), 22a– 

174–3a(k)(3) and (4), 22a–174– 

3a(k)(6)(A), 22a–174–3a(k)(7) Table 

3a(k)–1, and 22a–174–3a(l)(1), amended 

by the State of Connecticut on 

November 18, 2020; and 

• Regulations of Connecticut State 

Agencies Section 22a–174–20, ‘‘Control 

of Organic Compound Emissions,’’ at 

22a–174–20(gg)(8), amended by the 

State of Connecticut on November 18, 

2020. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the provisions regulating 

NSR permitting as described in section 

III. of this preamble. These provisions 

update the CT DEEP’s NSR procedural 

requirements, add to substantive review 

criteria for CT DEEP’s NSR permitting 

process, and revise provisions related to 

the control of VOCs. EPA has made, and 

will continue to make, these documents 

generally available through https://

www.regulations.gov and at EPA Region 

1 Office (please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 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, August 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); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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 costs on Tribal 

Governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 60593 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

CT DEEP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 6, 2023. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, Incorporation 

by reference, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: August 28, 2023. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraph (c)(129) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(129) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on December 

15, 2020, and supplemented on 

February 14, 2023. 

(i) Incorporation by reference. 

(A) Regulations of Connecticut State 

Agencies Section 22a–174–2a 

‘‘Procedural Requirements for New 

Source Review and Title V Permitting,’’ 

22a–174–2a(c)(3), 22a–174–2a(d)(9), 

22a–174–2a(e)(3)(C), 22a–174– 

2a(e)(3)(E), 22a–174–2a(e)(7), 22a–174– 

2a(f)(2), and 22a–174–2a(f)(2)(G), 

amended by the State of Connecticut on 

November 18, 2020. 

(B) Regulations of Connecticut State 

Agencies Section 22a–174–3a, ‘‘Permit 

to Construct and Operate Stationary 

Sources,’’ at 22a–174–3a(a)(2)(A)(ii) 

through (v), 22a–174–3a(a)(5), 22a–174– 

3a(d)(3)(B) and (C), 22a–174–3a(i) Table 

3a(i)–1, 22a–174–3a(i)(2), 22a–174– 

3a(j)(1)(B), 22a–174–3a(j)(8)(A), 22a– 

174–3a(k)(3) and (4), 22a–174– 

3a(k)(6)(A), 22a–174–3a(k)(7) Table 

3a(k)–1, and 22a–174–3a(l)(1), amended 

by the State of Connecticut on 

November 18, 2020. 

(C) Regulations of Connecticut State 

Agencies Section 22a–174–20, ‘‘Control 

of Organic Compound Emissions,’’ at 

22a–174–20(gg)(8), amended by the 

State of Connecticut on November 18, 

2020. 

(ii) Additional materials. 

(A) Letter from CT DEEP submitted to 

EPA on December 15, 2020, entitled 

‘‘State Implementation Plan Revision 

Concerning the New Source Review 

Permit Program Update.’’ 

(B) Letter from CT DEEP submitted to 

EPA on February 14, 2023, entitled ‘‘Re: 

Supplement to the State Implementation 

Plan Revision Concerning the NSR 

Program Update.’’ 

■ 3. Section 52.385 is amended in Table 

52.385 by adding: 

■ a. A third entry for ‘‘22a-174–2a’’ 

before the entry for ‘‘22a–174–3; 

■ b. A sixth entry for ‘‘22a-174–3a’’ 

before the entry for ’’ 22a-174–3b’’; and 

■ c. A fifth entry for ’’ 22a-174–20’’ 

before the entry ‘‘22a–174–21’’. 

The additions read as follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385—EPA-APPROVED REGULATIONS

Connecticut state 

citation Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Date Comments/description 

adopted 

by State 

Date 

approved 

by EPA 

*******

22a–174–2a ....... Procedural Requirements for 

New Source Review and 

Title V Permitting.

11/18/20 9/5/23 [INSERT Federal Register 

CITATION].

(c)(129) Revisions made to 22a–174–2a(c)(3), 

22a–174–2a(d)(9), 22a–174–2a(e)(3)(C), 

22a–174–2a(e)(3)(E), 22a–174–2a(e)(7), 

22a–174–2a(f)(2), and 22a–174– 

2a(f)(2)(G). 


ddrumheller on DSK120RN23PROD with RULES1
60594 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 

TABLE 52.385—EPA-APPROVED REGULATIONS—Continued 

Connecticut state 

citation Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Date Comments/description 

adopted 

by State 

Date 

approved 

by EPA 

*******

22a–174–3a ....... Permit to Construct and Operate Stationary Sources.11/18/20 9/5/23 [INSERT Federal Register 

CITATION].

(c)(129) Revisions made to 22a–174–3a(a)(2)(A)(ii) 

through (v), 22a–174–3a(a)(5), 22a– 

174–3a(d)(3)(B) and (C), 22a–174–3a(i) 

Table 3a(i)–1, 22a–174–3a(i)(2), 22a– 

174–3a(j)(1)(B), 22a–174–3a(j)(8)(A), 

22a–174–3a(k)(3) and (4), 22a–174– 

3a(k)(6)(A), 22a–174–3a(k)(7) Table 

3a(k)–1, and 22a–174–3a(l)(1). 

*******

22a–174–20 ....... Control of Organic Compound Emissions.11/18/20 9/5/23 [INSERT Federal Register 

CITATION].

(c)(129) Revisions made to 22a–174–20(gg)(8). 

*******

■ 4. Section 52.386 is amended by 

revising paragraph (e) to read as follows: 

§ 52.386 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) CT DEEP submitted an 

infrastructure SIP for the 2015 ozone 

NAAQS on September 7, 2018. This 

infrastructure SIP was approved, with 

the exception of CAA section 

110(a)(2)(K) and the PSD-related 

requirements of CAA sections 

110(a)(2)(D)(i)(II), 110(a)(2)(C), and 

110(a)(2)(J), which were conditionally 

approved. On December 15, 2020, CT 

DEEP submitted SIP revisions to address 

the conditional approval. EPA fully 

approves the revised infrastructure SIP 

for the 2015 ozone NAAQS. 

* * * * * 

[FR Doc. 2023–18909 Filed 9–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2022–0384; FRL–11035–01– 

OCSPP] 

Spinetoram; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of spinetoram in 

or on Spice group 26, and Stalk and 

stem vegetable subgroup 22A. 

Interregional Research Project Number 4 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

September 5, 2023. Objections and 

requests for hearings must be received 

on or before November 6, 2023, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2022–0384, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room and the OPP 

Docket is (202) 566–1744. For the latest 

status information on EPA/DC services, 

docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Director, Registration 

Division (7505T), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (202) 566–1030; 

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). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Office of the Federal Register’s eCFR site at https://www.ecfr.gov/ 

current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2022–0384 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before 

November 6, 2023. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 


ddrumheller on DSK120RN23PROD with RULES1