Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 9103 

In order for the test data to be 

acceptable for a compound, percent R 

must be 70 percent ≥ R ≤ 130 percent. 

If the percent R value does not meet this 

criterion for a target compound, the test 

data is not acceptable for that 

compound and the test must be repeated 

for that analyte (i.e., the sampling and/ 

or analytical procedure should be 

adjusted before a retest). The percent R 

value for each compound must be 

reported in the test report, and all field 

measurements must be corrected with 

the calculated percent R value for that 

compound by using the following 

equation: 

Reported Results = ((Measured 

Concentration in Stack))/(percent R) × 

100. 

The EPA is incorporating by reference 

the VCS ASTM D6784–16, ‘‘Standard 

Test Method for Elemental, Oxidized, 

Particle-Bound and Total Mercury in 

Flue Gas Generated from Coal-Fired 

Stationary Sources (Ontario Hydro 

Method),’’ as an acceptable alternative 

to EPA Method 29 (portion for mercury 

only) as a method for measuring 

elemental, oxidized, particle-bound, and 

total mercury concentrations ranging 

from approximately 0.5 to 100 

micrograms per normal cubic meter. 

This test method describes equipment 

and procedures for obtaining samples 

from effluent ducts and stacks, 

equipment and procedures for 

laboratory analysis, and procedures for 

calculating results. VCS ASTM D6784– 

16 allows for additional flexibility in the 

sampling and analytical procedures for 

the earlier version of the same standard 

VCS ASTM D6784–02 (Reapproved 

2008). 

ASTM D6784–16 and ASTM D6348– 

12e1 are available at ASTM 

International, 1850 M Street NW, Suite 

1030, Washington, DC 20036. See 

https://www.astm.org/. The standards 

are available to everyone at a cost 

determined by ASTM ($82). The costs of 

obtaining these methods are not a 

significant financial burden, making the 

methods reasonably available. 

Additionally, the EPA is 

incorporating by reference EPA/100/R– 

10/005, ‘‘Recommended Toxicity 

Equivalence Factors (TEFs) for Human 

Health Risk Assessments of 2, 3, 7, 8- 

Tetrachlorodibenzo-p-dioxin and 

Dioxin-Like Compounds,’’ December 

2010, which is the source of the toxicity 

equivalence factors (TEF) for dioxins 

and furans used in calculating the toxic 

equivalence quotient of the proposed 

dioxin and furan standard. This 

document describes the EPA’s updated 

approach for evaluating the human 

health risks from exposures to 

environmental media containing dioxinlike compounds. The EPA recommends 

that the TEF methodology, a component 

mixture method, be used to evaluate 

human health risks posed by these 

mixtures, using TCDD as the index 

chemical. The EPA recommends the use 

of the consensus TEF values for 2,3,7,8- 

tetrachlorodibenzo-p-dioxin and dioxinlike compounds published in 2005 by 

the World Health Organization. EPA/ 

100/R–10/005 is available on the EPA 

website, https://www.epa.gov/risk/ 

documents-recommended-toxicityequivalency-factors-human-health-riskassessments-dioxin-and. 

J. Executive Order 12898: Federal

Actions To Address Environmental

Justice in Minority Populations and

Low-Income Populations and LowIncome Populations and Executive

Order 14096: Revitalizing Our Nation’s

Commitment to Environmental Justice

for All

The EPA believes that the human 

health or environmental conditions that 

exist prior to this action result in or 

have the potential to result in 

disproportionate and adverse human 

health or environmental effects on 

communities with environmental justice 

(EJ) concerns. The assessment of 

populations in close proximity of lime 

manufacturing facilities shows Hispanic 

and linguistically isolated groups are 

higher than the national average (see 

section V.E. of the preamble). The 

higher percentages are driven by 4 of the 

34 facilities in the source category. 

The EPA believes that this action is 

likely to reduce existing 

disproportionate and adverse effects on 

communities with EJ concerns. The EPA 

is proposing MACT standards for HCl, 

mercury, organic HAP, and D/F. The 

EPA expects that the 4 facilities would 

have to implement control measures to 

reduce emissions to comply with the 

MACT standards and that HAP 

exposures for the people of color and 

low-income individuals living near 

these facilities would decrease. 

The EPA will additionally identify 

and address environmental justice 

concerns by conducting outreach after 

signature of this proposed rule. The EPA 

will address this rule during the 

monthly Environmental Justice call for 

communities burdened by 

disproportionate environmental 

impacts. 

The information supporting these 

Executive Orders is contained in section 

V.E. of this preamble.

List of Subjects in 40 CFR Part 63

Environmental protection, Air 

pollution control, Hazardous 

substances, Incorporation by reference, 

Reporting and recordkeeping 

requirements. 

Michael S. Regan, 

Administrator. 

[FR Doc. 2024–02299 Filed 2–8–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2023–0069; FRL–10579–12– 

OCSPP] 

Receipt of a Pesticide Petition Filed for 

Residues of Pesticide Chemicals in or 

on Various Commodities (December 

2023) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of 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 11, 2024. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2023–0069, 

through the Federal eRulemaking Portal 

at 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: 

Madison H. Le, Biopesticides and 

Pollution Prevention Division (BPPD) 

(7511M), main telephone number: (202) 

566–1400, email address: 

BPPDFRNotices@epa.gov; or Dan 

Rosenblatt, Registration Division (RD) 

(7505T), main telephone number: (202) 

566–2875, 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 application 

summary. 

SUPPLEMENTARY INFORMATION: 


ddrumheller on DSK120RN23PROD with PROPOSALS1
9104 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 

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 

https://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 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 the 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 https://www.regulations.gov. 

As specified in the 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. 

A. Notice of Filing—Amended 

Tolerances for Non-Inerts 

PP 2E9037. EPA–HQ–OPP–2023– 

0077. Interregional Research Project #4 

(IR–4), North Carolina State University, 

1730 Varsity Drive, Venture IV, Suite 

210, Raleigh, NC 27606, requests, 

pursuant to section 408(d) of the 

FFDCA, 21 U.S.C. 346a(d), to amend 40 

CFR part 180 by withdrawing the 

existing tolerance for residues of the 

insecticide cyclaniliprole, 3-bromo-N- 

[2-bromo-4-chloro-6-[[(1- 

cyclopropylethyl)amino]

carbonyl]phenyl]-1-(3-chloro-2- 

pyridinyl)-1H-pyrazole-5-carboxamide, 

including its metabolites and 

degradates, in or on the raw agricultural 

commodity Vegetable, cucurbit, group 9 

at 0.15 parts per million (ppm). Contact: 

RD. 

B. New Tolerance Exemptions for NonInerts (Except PIPS) 

1. PP 2F9043. EPA–HQ–OPP–2023– 

0503. Indigo Ag, Inc., 500 Rutherford 

Ave., Charlestown, MA 02129, requests 

to establish an exemption from the 

requirement of a tolerance in 40 CFR 

part 180 for residues of the nematicide 

Pseudomonas oryzihabitans strain 

SYM23945 in or on all food 

commodities. The petitioner believes no 

analytical method is needed because 

genomic analysis and in-depth literature 

analysis indicate no metabolites of 

concern are produced. Contact: BPPD. 

2. PP 3F9071. EPA–HQ–OPP–2023– 

0621. Indigo Ag, Inc., 500 Rutherford 

Ave., Charlestown, MA 02129, requests 

to establish an exemption from the 

requirement of a tolerance in 40 CFR 

part 180 for residues of the fungicide 

Bacillus aryabhattai strain SYM36613 

in or on all food commodities. The 

petitioner believes no analytical method 

is needed because an exemption from 

the requirement of a tolerance is being 

proposed. Contact: BPPD. 

C. New Tolerances for Non-Inerts 

1. PP 2E9037. EPA–HQ–OPP–2023– 

0077. IR–4, North Carolina State 

University, 1730 Varsity Drive, Venture 

IV, Suite 210, Raleigh, NC 27606, 

requests, pursuant to section 408(d) of 

the FFDCA, 21 U.S.C. 346a(d), to amend 

40 CFR part 180 by establishing a 

tolerance for residues of the insecticide 

cyclaniliprole, 3-bromo-N-[2-bromo-4- 

chloro-6-[[(1-cyclopropylethyl)amino]

carbonyl]phenyl]-1-(3-chloro-2- 

pyridinyl)-1H-pyrazole-5-carboxamide, 

including its metabolites and 

degradates, in or on the raw agricultural 

commodity vegetable, cucurbit, group 9 

at 0.3 ppm. Adequate analytical 

methods for determining dodine in/on 

appropriate raw agricultural 

commodities and processed 

commodities have been developed and 

validated. Contact: RD. 

2. PP 2E9039. EPA–HQ–OPP–2023– 

0639. Bayer CropScience, AG, 800 N. 

Lindbergh Blvd. St. Louis, MO 63141, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

insecticide and miticide, Spiromesifen, 

in or on oranges at 0.15 ppm and orange 

oil at 40 ppm. The High-Performance 

Liquid Chromatography/mass 

spectrometry (LC/MS/MS) is used to 

measure and evaluate the chemical 

residues of Spiromesifen and residues of 

the metabolites, Spiromesifen-enol. 

Contact: RD. 

3. PP 3E9052. EPA–HQ–OPP–2023– 

0259. IR–4, North Carolina State 

University, 1730 Varsity Drive, Venture 

IV, Suite 210, Raleigh, NC 27606, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Proposed Rules 9105 

requests to establish tolerances in 40 

CFR 180.622 for residues of the 

fungicide, ethaboxam, (RS)-N-[cyano(2- 

thienyl)methyl]-4-ethyl-2- 

(ethylamino)thiazole-5-carboxamid in or 

on the raw agricultural commodity: Leaf 

petiole vegetable subgroup 22B at 0.15 

parts per million. An adequate 

enforcement methodology LC/MS/MS is 

available to measure and evaluate the 

residues of ethaboxam to enforce the 

tolerance expression. Contact: RD. 

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

Dated: January 26, 2024. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2024–02805 Filed 2–8–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[WC Docket No. 17–84; Report No. 3209; 

FR ID 201345] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

AGENCY: Federal Communications 

Commission. 

ACTION: Petition for Reconsideration; 

correction. 

SUMMARY: The Federal Communications 

Commission published a document in 

the Federal Register on January 29, 

2024, announcing the dates for filing 

oppositions and replies to a Petition for 

Reconsideration of Action in a 

Rulemaking Proceeding in WC Docket 

No. 17–84, adopted by the Commission 

on December 13, 2023. There is an error 

in the Dates section of this document, 

incorrectly setting the deadline for 

replies to oppositions as February 8, 

2024 rather than February 23, 2024. 

DATES: February 9, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact 

Michael Ray, Competition Policy 

Division, Wireline Competition Bureau, 

at Michael.Ray@fcc.gov, 202–418–0357. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of January 29, 

2024, in FR Doc. 2024–01633, on page 

5439, in the third column, fourth 

paragraph from the bottom, correct the 

‘‘Dates’’ caption to read: 

DATES: Oppositions to the Petitions 

must be filed on or before February 13, 

2024. Replies to oppositions must be 

filed on or before February 23, 2024. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–02624 Filed 2–8–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 240130–0031] 

RIN 0648–BM75 

Pacific Halibut Fisheries of the West 

Coast; 2024 Catch Sharing Plan and 

Recreational Fishery Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

changes to the Pacific Halibut Catch 

Sharing Plan for the International 

Pacific Halibut Commission’s regulatory 

Area 2A off Washington, Oregon, and 

California. In addition, NMFS proposes 

to implement new management 

measures for the 2024 recreational 

fisheries in Area 2A that are not 

implemented through the International 

Pacific Halibut Commission (IPHC). 

These measures include the recreational 

fishery seasons and subarea allocations 

for Area 2A. This action would also add 

a new inseason management provision 

to transfer anticipated uncaught 

recreational fishery allocation between 

states. Additionally, this action 

proposes to establish a new 

management line at Point Arena, CA, 

creating two subareas with separate 

allocations off California. These actions 

are intended to conserve Pacific halibut 

and provide angler opportunity where 

available. 

DATES: Comments on the proposed rule 

must be received on or before March 11, 

2024. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2024–0014, 

by either of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2024–0014 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Jennifer Quan, Regional Administrator, 

c/o Melissa Mandrup, West Coast 

Region, NMFS, 501 W Ocean Blvd., 

Long Beach, CA 90802. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post them for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Docket: This rule is accessible via the 

internet at the Office of the Federal 

Register website at https://

www.federalregister.gov. Background 

information and documents are 

available at the NMFS West Coast 

Region Pacific Halibut Recreational 

Fishery website at https://

www.fisheries.noaa.gov/action/2023- 

pacific-halibut-recreational-fishery and 

at the Council’s website at http://

www.pcouncil.org. Other comments 

received may be accessed through 

Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Mandrup, phone: 562–980– 

3231 or email: melissa.mandrup@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Northern Pacific Halibut Act of 

1982 (Halibut Act), 16 U.S.C. 773–773k, 

gives the Secretary of Commerce 

responsibility for implementing the 

provisions of the Convention between 

Canada and the United States for the 

Preservation of the Halibut Fishery of 

the North Pacific Ocean and Bering Sea 

(Halibut Convention), signed at Ottawa, 

Ontario, on March 2, 1953, as amended 

by a Protocol Amending the Convention 

(signed at Washington, DC, on March 

29, 1979). The Halibut Act requires that 

the Secretary of Commerce adopt 

regulations to carry out the purposes 

and objectives of the Halibut 

Convention and Halibut Act (16 U.S.C. 

773c). Additionally, as provided in the 

Halibut Act, the regional fishery 

management councils having authority 

for the geographic area concerned may 

develop, and the Secretary of Commerce 

may implement, regulations governing 

Pacific halibut fishing in in U.S. waters 

that are in addition to, and not in 


ddrumheller on DSK120RN23PROD with PROPOSALS1