Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 8677 

‘‘. . . 3. Either before or after the proposed 

change, the product is neither subject to 

child resistant packaging (CRP), nor has the 

registrant voluntarily used CRP; [. . .] 

6. The package size is not reduced to the

point that the net contents of the package is 

smaller than the dosage required by 

directions for use or that a reduced package 

size will require CRP; 

7. The package size or other characteristics

is not changed in a way which violates EPA 

mandated restrictions imposed on a product 

(e.g., size limitations may be imposed on a 

product to limit its use to homeowners 

only).’’ 

D. Additional Recommendations for

Flexible Packaging and Labeling

In addition to determining that CRP 

requirements are necessary for 

pesticidal flexible packaging products 

20 ounces or less in size with labeling 

either directly recommending 

residential use or reasonably interpreted 

to permit residential use, the following 

additional mitigation measures are 

recommended for all pesticide products 

sold in flexible packaging, regardless of 

size or intended use site: 

• No child-attractant packaging colors

(e.g., neon colors, bright colors, more 

than three colors). Packaging should be 

primarily in black, white, or grey. 

• Flexible packaging (e.g., pouches)

should be packaged by the manufacturer 

within an outer box containing the full 

product label for sale to the consumer. 

• All product packaging (e.g., outer

box and flexible packaging) should 

contain a graphic or icon stating, ‘Not A 

Food Product.’ 

The following statements should be 

included in the Directions for Use 

section of the label: 

• ‘Store pouches in closed product

box and away from children and food.’ 

For pouches 20 fluid ounces or less: 

‘Each pouch is for one-time use only. Do 

not store any opened pouches. Empty 

the entire contents of the pouch into the 

container. Once empty, discard the 

empty pouch immediately into a secure 

trash receptacle that cannot be accessed 

by children.’ 

• For pouches greater than 20 fluid

ounces: ‘Once empty, discard the empty 

pouch immediately into a secure trash 

receptacle that cannot be accessed by 

children.’ 

E. Next Steps

These mitigation measures will be

reflected in an updated version of the 

Label Review Manual to serve as 

guidance for registrants pursuing 

flexible packaging containers. 

As pesticides in flexible packaging is 

a relatively new occurrence, EPA does 

not believe that there are any registered 

pesticide products in flexible packaging 

without the CRP and mitigation 

language above. If a registrant has a 

registered pesticide product in flexible 

packaging that is not compliant with the 

determination as described in this 

document, the registrant must contact 

the appropriate EPA Product Manager 

by August 6, 2024. 

IV. References

The following is a listing of the

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. Boyette, C. 2022. Alaska Schoolchildren

Were Served Floor Sealant Instead Of

Milk At A Child Care Program, School 

District Says. CNN. June 16, 2022. 

https://www.cnn.com/2022/06/16/us/ 

alaska-students-floor-sealant-milk/ 

index.html. Accessed on September 25, 

2023. 

2. WRAL Staff. 2023. Boy, 9, Hospitalized

After Mistaking Chemical For Candy.

WAGM TV. January 11, 2023. https://

www.wagmtv.com/2023/01/11/boy-9- 

hospitalized-after-mistaking-checmicalcandy/. Accessed on September 25, 

2023. 

3. Caron, C. 2022. More Young Kids Are

Getting Sick From Cannabis Edibles. The

New York Times. January 14, 2022. 

https://www.ncbi.nlm.nih.gov/search/ 

research-news/15335/?utm_

source=gquery&utm_

medium=referral&utm_

campaign=gquery-home. Accessed on 

September 25, 2023. 

4. U.S. Federal Trade Commission (FTC) and

U.S. Food and Drug Administration

(FDA), 2023. FTC Sends Cease and 

Desist Letters with FDA To Companies 

Selling Edible Products Containing 

Delta-8 THC in Packaging Nearly 

Identical to Food Children Eat. Federal 

Trade Commission. July 5, 2023. https:// 

www.ftc.gov/news-events/news/pressreleases/2023/07/ftc-sends-cease-desistletters-fda-companies-selling-edibleproducts-containing-delta-8-thc. 

Accessed on 9/25/2023. 

5. Kaur, H. and D. Shepherd. 2020. Two

Children Hospitalized After Eating THCinfused Candy Accidentally Given Out 

By A Local Food Bank. CNN. April 7, 

2020. https://www.cnn.com/2020/04/06/ 

us/children-thc-candy-food-bank-trnd/ 

index.html. Accessed on September 25, 

2023. 

6. Roberts, C. 2022. First The Girl Scouts,

Now Pepsi: Why Big Brands Hate

Marijuana. Forbes. April 30, 2022. 

https://www.forbes.com/sites/ 

chrisroberts/2022/04/30/first-the-girlscouts-now-pepsi-why-big-brands-hatemarijuana/?sh=5e7a10735108. Accessed 

on September 25, 2023. 

7. Semley, J. 2023. Cartoon Packaging And

An ‘Inconsolable’ High: When Magic

Mushroom Chocolate Gets Into The 

Wrong Hands. The Guardian. June 12, 

2023. https://www.theguardian.com/ 

society/2023/jun/12/mushroomschocolate-psilocybin-psychedelicschildren. Accessed on September 25, 

2023. 

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

Dated: February 1, 2024. 

Edward Messina, 

Director, Office of Pesticide Programs. 

[FR Doc. 2024–02587 Filed 2–7–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2011–0742; FRL—11599– 

01–OAR] 

Information Collection Request; 

Comment Request; Air Pollution 

Regulations for Outer Continental 

Shelf (OCS) Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is planning to submit an 

information collection request (ICR), 

‘‘Air Pollution Regulations for Outer 

Continental Shelf (OCS) Activities’’ 

(EPA ICR No. 1601.10, OMB Control No. 

2060–0249), to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act (PRA). 

Before doing so, the EPA is soliciting 

public comments on specific aspects of 

the proposed information collection as 

described below. This is a proposed 

renewal of the ICR, which is currently 

approved through May 31, 2024. An 

Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless it 

displays a currently valid OMB control 

number. 

DATES: Comments must be submitted on 

or before April 8, 2024. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2011–0724, online using 

www.regulations.gov (our preferred 

method), by email to a-and-r-docket@

epa.gov, or by mail to: EPA Docket 

Center, Environmental Protection 

Agency, Mail Code 28221T, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460. 

EPA’s policy is that all comments 

received will be included in the public 


lotter on DSK11XQN23PROD with NOTICES1
8678 Federal Register / Vol. 89, No. 27 / Thursday, February 8, 2024 / Notices 

docket without change including any 

personal information provided, unless 

the comment includes profanity, threats, 

information claimed to be Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. 

FOR FURTHER INFORMATION CONTACT: Ben 

Garwood, Air Quality Policy Division, 

Office of Air Quality Planning and 

Standards, C504–03, U.S. 

Environmental Protection Agency, Post 

Office Box 12055, Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–1358; fax number: (919) 541–

4028; email address: garwood.ben@

epa.gov.

SUPPLEMENTARY INFORMATION: 

Supporting documents which explain in 

detail the information that the EPA will 

be collecting are available in the public 

docket for this ICR. The docket can be 

viewed online at https://

www.regulations.gov or in person at the 

EPA Docket Center, WJC West, Room 

3334, 1301 Constitution Ave. NW, 

Washington, DC. The telephone number 

for the Docket Center is (202) 566–1744. 

For additional information about EPA’s 

public docket, visit https://

www.epa.gov/dockets. 

Pursuant to section 3506(c)(2)(A) of 

the PRA, the EPA is soliciting comments 

and information to enable it to: (i) 

evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; (ii) evaluate the 

accuracy of the Agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(iii) enhance the quality, utility, and

clarity of the information to be

collected; and (iv) minimize the burden

of the collection of information on those

who are to respond, including through

the use of appropriate automated

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses. The EPA will consider the

comments received and amend the ICR

as appropriate. The final ICR package

will then be submitted to OMB for

review and approval. At that time, the

EPA will issue another Federal Register

notice to announce the submission of

the ICR to OMB and the opportunity to

submit additional comments to OMB.

Abstract: Section 328 of the Clean Air 

Act (CAA) gives the EPA responsibility 

for regulating air pollution from OCS 

sources located offshore of the states 

along the Atlantic and Pacific Coasts 

(except the North Slope Borough of 

Alaska), and along the eastern Gulf of 

Mexico coast (off the coast of Florida). 

In general, these OCS sources must 

obtain OCS permits complying with the 

EPA’s preconstruction permit program 

(usually Prevention of Significant 

Deterioration (PSD) requirements) and 

title V operating permit program, and 

then maintain ongoing compliance with 

their permit conditions. Industry 

respondents include owners or 

operators of existing and new or 

modified OCS sources. These 

respondents must prepare permit 

applications and, after receiving their 

permits, conduct testing, monitoring, 

recordkeeping and reporting as required 

by their permits. The recordkeeping and 

reporting requirements are necessary so 

that the EPA can determine whether 

these sources are meeting all the 

requirements that apply to them. The 

EPA has delegated the authority to 

implement and enforce the OCS 

regulations to four local air pollution 

control agencies in California (Santa 

Barbara County Air Pollution Control 

District (SBCAPCD), South Coast Air 

Quality Management District 

(SCAQMD), Ventura County Air 

Pollution Control District (VCAPCD) 

and San Luis Obispo County Air 

Pollution Control District (SLOCAPCD)). 

The EPA has also delegated the 

authority to implement and enforce the 

OCS regulations for sources located off 

the coast to 3 state air pollutions control 

agencies: Delaware (DDNREC), 

Maryland (MDE), and Virginia (VDEQ). 

These agency respondents must review 

sources’ permit applications and 

reports, issue permits, observe 

performance tests and conduct 

inspections to ensure that the sources 

off their coasts are meeting all the 

requirements that apply to them. 

Section 176(c) of the CAA (42 U.S.C. 

7401 et seq.) requires that all federal 

actions conform with the State 

Implementation Plans to attain and 

maintain the National Ambient Air 

Quality Standards. 

Depending on the type of action, the 

federal entities must collect information 

themselves, hire consultants to collect 

the information or require applicants/ 

sponsors of the federal action to provide 

the information. 

The type and quantity of information 

required will depend on the 

circumstances surrounding the action. 

First, the entity must make an 

applicability determination. If the 

source is located within 25 miles of the 

state’s seaward boundary (Inner OCS) as 

established in the regulations, the 

requirements are the same as those that 

would be applicable if the source were 

located in the corresponding onshore 

area (COA). Sources locating beyond 25 

nautical miles from the state seaward 

boundary (Outer OCS) are subject to 

federal air quality requirements which 

could include the EPA’s PSD 

preconstruction permit program, Part 71 

Title V operating permit program, New 

Source Performance Standards and 

some standards for Hazardous Air 

Pollutants promulgated under section 

112 of the CAA. State and local air 

pollution control agencies are usually 

requested to provide information 

concerning regulation of offshore 

sources and are provided opportunities 

to comment on the proposed 

determinations. The public is also 

provided an opportunity to comment on 

the proposed determinations. 

Form numbers: None. 

Respondents/affected entities: Entities 

potentially affected by this action are 

those that must apply for and obtain an 

OCS permit pursuant the OCS permit 

program. In addition, state and local 

agencies that have been delegated 

authority to implement and enforce the 

OCS permit program, which must 

review permit applications and issue 

permits, are affected entities. 

Respondent’s obligation to respond: 

Mandatory [see 40 CFR part 55]. 

Estimated number of respondents: 74 

industrial facilities and 7 state and local 

permitting agencies. 

Frequency of response: On occasion, 

as necessary. 

Total estimated burden: 36,001 hours 

(per year). Burden is defined at 5 CFR 

1320.03(b). 

Total estimated cost: $3,755,783.00 

(per year) in addition to $55,268.00 

annually in Operation and Maintenance 

costs and $325,104.00 in capital costs. 

Changes in estimates: There is a 

projected increase of 15,778 hours in the 

total estimated respondent burden 

compared with the ICR most recently 

approved by OMB. This increase is 

primarily due the projected number of 

OCS sources subject to the program 

mainly related to alternative energy 

sources including new wind power 

farms along the eastern seaboard of the 

United States, and changes to burden 

estimates as noted in the excel 

spreadsheet in the docket for this notice 

titled ‘‘1601t10 Draft OCS ICR Burden 

Calculations 2024.’’ 

Scott Mathias, 

Director, Air Quality Policy Division. 

[FR Doc. 2024–02613 Filed 2–7–24; 8:45 am] 

BILLING CODE 6560–50–P 


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