82286 Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 

2See Order No. 6325 at 1–2, 38; Order Adopting 

Final Rules Regarding Rate Incentives for Market 

Dominant Products, May 15, 2020 (Order No. 5510). 

As discussed further below, although these rules 

were adopted by Order No. 5510, the Commission 

subsequently indicated that it did not intend to 

enforce Order No. 5510 pending reconsideration of 

it. See Notice of Intent to Reconsider, August 26, 

2020 (Order No. 5655). 

3See Docket No. R2023–3, Order on Market 

Dominant Price Change Creating Two Incentives, 

September 27, 2023, at 1–2 (Order No. 6713). 

4 Docket No. R2023–3, United States Postal 

Service Notice of Market Dominant Price Change 

Creating Two Incentives, August 11, 2023, at 8–9 

(Docket No. R2023–3 Notice). 

to qualify as a rate of general 

applicability, a rate incentive may not 

be based on historical mail volumes or 

prior mailer participation in a rate 

incentive or promotion. See Order No. 

6325 at 1. Further, the Commission 

proposed to begin enforcing 39 CFR 

3030.123(j) and 39 CFR 

3030.128(f)(2)(iv) in their entirety.2

Enforcing these rules would add an 

additional criterion for a rate incentive 

to be eligible for inclusion in a 

percentage change in rates calculation 

and would require that more 

information concerning Market 

Dominant rate incentives be included in 

a notice of rate adjustment. See Order 

No. 6325 at 2. 

After the period for filing comments 

in the instant docket closed, in Docket 

No. R2023–3, the Postal Service 

proposed, and the Commission 

subsequently approved, two Market 

Dominant rate incentives for Calendar 

Year (CY) 2024.3 Although the rate 

incentives were not proposed for 

inclusion in the percentage change in 

rates calculation for CY 2024,4 the 

Postal Service stated that it intends to 

propose including these rate incentives 

in the percentage change in rates 

calculation in the future. See Docket No. 

R2023–3 Notice at 9; Order No. 6713 at 

2. 

II. Invitation To Comment 

Because the First-Class Mail Growth 

Incentive and the Marketing Mail 

Growth Incentive were proposed after 

the timeframes for submitting comments 

in responses to the rule proposals set 

forth in Order No. 6325 ended, and 

because those rule proposals may have 

a bearing on the Postal Service’s ability 

to include those rate incentives in the 

percentage change in rates calculation, 

the Commission provides an 

opportunity for comment on the 

relationship between the pending rule 

proposals in the instant proceeding and 

the First-Class Mail Growth Incentive 

and the Marketing Mail Growth 

Incentive. The Commission invites 

comments from the public on the 

relationship of these rule proposals and 

rate incentives, including on the 

questions that the Commission raised in 

Order No. 6713 about whether the FirstClass Mail Growth Incentive and the 

Marketing Mail Growth Incentive would 

be permitted to be included in the 

percentage change in rates calculation 

under the rule proposals in Order No. 

6325. 

III. Administrative Actions 

The Regulatory Flexibility Act 

requires federal agencies, in 

promulgating rules, to consider the 

impact of those rules on small entities. 

See 5 U.S.C. 601 et seq. If the proposed 

or final rules will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities, 

the head of the agency may certify that 

the initial and final regulatory flexibility 

analysis requirements of 5 U.S.C. 603 

and 604 do not apply. See 5 U.S.C. 

605(b). 

In the context of this rulemaking, the 

Commission’s primary responsibility is 

in the regulatory oversight of the United 

States Postal Service. The rules that are 

the subject of this rulemaking have a 

regulatory impact on the Postal Service, 

but do not impose any regulatory 

obligation upon any other entity. Based 

on these findings, the Chairman of the 

Commission certifies that the rules that 

are the subject of this rulemaking will 

not have a significant economic impact 

on a substantial number of small 

entities. Therefore, pursuant to 5 U.S.C. 

605(b), this rulemaking is exempt from 

the initial and final regulatory flexibility 

analysis requirements of 5 U.S.C. 603 

and 604. 

Interested persons are invited to 

provide written comments as discussed 

in this notice. Comments are due no 

later than December 4, 2023. All 

comments received will be available for 

review on the Commission’s website, 

http://www.prc.gov. 

Philip T. Abraham will continue to 

serve as an officer of the Commission 

(Public Representative) to represent the 

interests of the general public in this 

docket. 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2023–25933 Filed 11–22–23; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 158 

[EPA–HQ–OPP–2023–0428; FRL–11111–01– 

OCSPP] 

Pesticides; Petition Seeking 

Rulemaking for Registration of 

Neonicotinoid Insecticides and Other 

Systemic Insecticides; Notice of 

Availability and Request for Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Petition for rulemaking. 

SUMMARY: The Environmental Protection 

Agency (EPA) is announcing the 

availability of and seeking public 

comment on a petition received from 

the Public Employees for Environmental 

Responsibility (PEER) and the American 

Bird Conservancy (ABC) requesting that 

the Agency initiate a rulemaking for 

neonicotinoid insecticides and other 

systemic insecticides. PEER and ABC 

believe the Agency should amend the 

existing regulations under the Federal 

Insecticide, Rodenticide, and Fungicide 

Act (FIFRA) to require all applicants 

and registrants of neonicotinoid and 

other systemic insecticides to provide 

performance (efficacy) data to the 

Agency in applications for registration 

and during registration review. 

DATES: Comments must be received on 

or before January 23, 2024. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0428, 

through https://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. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

Caleb Hawkins, Office of Chemical 

Safety and Pollution Prevention, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

566–1430; email address: 

hawkins.caleb@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

This action is directed to the public 

in general and may be of interest to a 

wide range of stakeholders including 

pesticide registrants, environmental, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 225 / Friday, November 24, 2023 / Proposed Rules 82287 

human health, and agricultural 

advocates, pesticide users, and members 

of the public interested in the use of 

pesticides. This listing is not intended 

to be exhaustive but rather provides a 

guide for readers regarding entities 

likely to be affected by his action. 

Because others may also be interested, 

the Agency has not attempted to 

describe all the specific entities that 

may be affected by this action. 

II. What action is the Agency taking? 

EPA requests public comment on a 

petition received from PEER and ABC 

that asks EPA to take the following 

actions: 

• Amend 40 CFR 158.400(e)(1) to 

require the submission of product 

performance data for neonicotinoid and 

other systemic insecticides, and 

• Amend 40 CFR 158.400(e)(1) to 

require that, if not already submitted to 

the Agency, existing registrants of a 

neonicotinoid or other systemic 

insecticides submit efficacy within 180 

days of the promulgation of the rule. 

A copy of the petition is available in 

the docket. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI 

Do not submit Confidential Business 

Information (CBI) to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be 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. 

B. Multimedia Submissions 

Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

is considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). 

C. Tips for Preparing Your Comments 

When preparing and submitting your 

comments, see the commenting tips at 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Please note 

that once submitted, comments cannot 

be edited or removed from the docket. 

EPA may publish any comment received 

to its public docket. 

Authority: 7 U.S.C. 136 et seq. 

Dated: November 16, 2023. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2023–25739 Filed 11–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 751 

[EPA–HQ–OPPT–2023–0376; FRL–9145–01– 

OCSPP] 

RIN 2070–AL02 

Decabromodiphenyl Ether and Phenol, 

Isopropylated Phosphate (3:1); 

Revision to the Regulation of 

Persistent, Bioaccumulative, and Toxic 

Chemicals Under the Toxic 

Substances Control Act (TSCA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing revisions to 

the regulations for decabromodiphenyl 

ether (decaBDE) and phenol, 

isopropylated phosphate (3:1) (PIP 

(3:1)), two of the five persistent, 

bioaccumulative, and toxic (PBT) 

chemicals addressed in final rules 

issued under the Toxic Substances 

Control Act (TSCA) in January 2021. 

After receiving additional comments 

following the issuance of the 2021 PBT 

final rules, the Agency has determined 

that revisions to the decaBDE and PIP 

(3:1) regulations are necessary to 

address implementation issues and to 

reduce further exposures. As required 

under TSCA, these proposed 

requirements would, if finalized, reduce 

the potential for exposures to humans 

and the environment to decaBDE and 

PIP (3:1) to the extent practicable. The 

Agency is not proposing to revise the 

existing regulations for the other three 

PBT chemicals (2,4,6-TTBP, HCBD, and 

PCTP) at this time. 

DATES: Comments must be received on 

or before January 8, 2024. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2023–0376, 

through https://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. 

Additional instructions on commenting 

and visiting the docket, along with more 

information about dockets generally, is 

available at https://www.epa.gov/ 

dockets. 

FOR FURTHER INFORMATION CONTACT: 

For general information, contact: The 

TSCA Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

For technical information regarding 

decaBDE, contact: Brooke Porter, 

Existing Chemicals Risk Management 

Division (7404M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 564–6388; 

email address: porter.brooke@epa.gov. 

For technical information regarding 

PIP (3:1), contact: Scott Drewes, Existing 

Chemicals Risk Management Division 

(7404M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–8833; email address: 

drewes.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be affected by this action if 

you manufacture (including import), 

process, distribute in commerce, or use 

decaBDE or decaBDE-containing 

products or articles. Such uses for 

decaBDE may include but are not 

limited to wire and cable insulation for 

nuclear power generation facilities, 

plastic shipping pallets, and imported 

articles such as replacement parts for 

aerospace and automotive parts. You 

may also be affected by this action if 

you manufacture (including import), 

process, distribute in commerce, or use 

PIP (3:1) or PIP (3:1)-containing 

products or articles. Such uses for PIP 

(3:1) may include flame retardants in 

plastics, functional fluids in aerospace 

and industrial machinery, and plastic 

articles that are components of 

electronics or electrical articles. 

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: 

• Adhesive Manufacturing (NAICS 

Code 325520); 

• Air and Gas Compressor 

Manufacturing (NAICS Code 333912); 

• Air-Conditioning and Warm Air 

Heating Equipment and Commercial 

and Industrial Refrigeration Equipment 

Manufacturing (NAICS Code 333415); 


ddrumheller on DSK120RN23PROD with PROPOSALS1