97578 Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Proposed Rules 

accompanying independent method 

validations were sufficient to support 

afidopyropen tolerances. EPA’s ROCKS 

stated that the submitted analytical 

method for plant commodities can 

adequately detect parent afidopyropen 

(as well as its dimer M440I007) for the 

purposes of tolerance enforcement. 

Contact: RD. 

B. Notice of Filing—New Tolerances for 

Non-Inerts 

1. PP 1F8969. EPA–HQ–OPP–2023– 

0009. Syngenta Crop Protection, LLC., 

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

requests to amend tolerance in 40 CFR 

part 180.571 for residues of the 

herbicide, mesotrione, in or on soybean 

at 0.02 ppm. The high-performance 

liquid chromatography (HPLC) with 

tandem mass-spectrometry (MS/MS) is 

used to measure and evaluate the 

chemical mesotrione. Contact: RD. 

2. PP 3F9073. EPA–HQ–OPP–2024– 

0212. K–I CHEMICAL U.S.A., Inc. c/o 

Landis International, Inc., P.O. Box 

5126, Valdosta, GA 31603–5126, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

herbicide, pyroxasulfone, including its 

metabolites M–1, M–3, M–25, and M–28 

calculated as the stoichiometric 

equivalent of pyroxasulfone, in or on 

almond, hulls at 0.15 ppm, fruit, small, 

vine climbing, except fuzzy kiwifruit, 

subgroup 13–07F at 0.07 ppm, and nut, 

tree, group 14–12 at 0.07 ppm. The 

Liquid Chromatography-Mass 

Spectrometry/Mass Spectrometry (LC– 

MS/MS) is used to measure and 

evaluate the chemical pyroxasulfone. 

Contact: RD. 

3. PP 1F8969. EPA–HQ–OPP–2023– 

0009. Syngenta Crop Protection, LLC., 

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

requests to amend tolerance in 40 CFR 

part 180.571 for residues of the 

herbicide, mesotrione, in or on soybean 

at 0.02 ppm. The HPLC with MS/MS is 

used to measure and evaluate the 

chemical mesotrione. Contact: RD. 

4. PP 3F9073. EPA–HQ–OPP–2024– 

0212. K–I CHEMICAL U.S.A., Inc. c/o 

Landis International, Inc., P.O. Box 

5126, Valdosta, GA 31603–5126, 

requests to establish a tolerance in 40 

CFR part 180 for residues of the 

herbicide, pyroxasulfone, including its 

metabolites M–1, M–3, M–25, and M–28 

calculated as the stoichiometric 

equivalent of pyroxasulfone, in or on 

almond, hulls at 0.15 ppm, fruit, small, 

vine climbing, except fuzzy kiwifruit, 

subgroup 13–07F at 0.07 ppm, and nut, 

tree, group 14–12 at 0.07 ppm. The LC– 

MS/MS is used to measure and evaluate 

the chemical pyroxasulfone. Contact: 

RD. 

5. PP 3F9086. EPA–HQ–OPP–2024– 

0415. Syngenta Crop Protection, LLC, 

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

8300, requests to establish a tolerance in 

40 CFR part 180 for residues of the 

herbicide, bicyclopyrone in or on 

soybean, seed at .01 ppm, and soybean, 

meal at .02 ppm. The analytical 

methods GRM030.05A, GRM030.05B, 

and GRM030.08A are used to measure 

and evaluate the chemical 

bicyclopyrone. Contact: RD. 

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

Dated: November 19, 2024. 

Kimberly Smith, 

Acting Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2024–28805 Filed 12–6–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 282 

[EPA–R07–UST–2024–0452; FRL–12274– 

01–R7] 

Nebraska: Final Approval of State 

Underground Storage Tank Program 

Revisions, Codification, and 

Incorporation by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Resource 

Conservation and Recovery Act (RCRA 

or Act), the Environmental Protection 

Agency (EPA) is proposing to approve 

revisions to the State of Nebraska’s 

Underground Storage Tank (UST) 

program submitted by the Nebraska 

State Fire Marshal (NSFM). This action 

is based on the EPA’s determination that 

these revisions satisfy all requirements 

needed for program approval. This 

action also proposes to codify EPA’s 

approval of Nebraska’s State program 

and incorporate by reference those 

provisions of the State regulations that 

we have determined meet the 

requirements for approval. The 

provisions will be subject to EPA’s 

inspection and enforcement authorities 

under the RCRA and other applicable 

statutory and regulatory provisions. 

DATES: Comments on this proposed rule 

must be received on or before January 8, 

2025. 

ADDRESSES: Submit comments, 

identified by Docket ID Number EPA– 

R07–UST–2024–0452, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions for submitting 

comments. 

2. Email: blankenship.marie@epa.gov. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–UST–2024– 

0452. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov, or email. The 

Federal https://www.regulations.gov 

website is an ‘‘anonymous access’’ 

system, which means the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and also with 

any disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. EPA encourages electronic 

submittals, but if you are unable to 

submit electronically, please reach out 

to the EPA contact person listed in the 

document for assistance. You can view 

and copy the documents that form the 

basis for this codification and associated 

publicly available materials either 

through https://www.regulations.gov or 

by contacting Marie Blankenship at 

(913) 551–7908 or blankenship.marie@

epa.gov. Please call or email the contact 

listed above if you need access to 

material indexed but not provided in 

the docket. 

FOR FURTHER INFORMATION CONTACT: 

Marie Blankenship, Tanks, Toxics and 

Pesticides Branch, Land, Chemical, and 

Redevelopment Division, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 6; telephone number: 

(913) 551–7908; email address: 

blankenship.marie@epa.gov. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 236 / Monday, December 9, 2024 / Proposed Rules 97579 

SUPPLEMENTARY INFORMATION: EPA has 

explained the reasons for this action in 

the preamble to the direct final rule. For 

additional information, see the direct 

final rule published in the ‘‘Rules and 

Regulations’’ section of this issue of the 

Federal Register. 

Authority: This proposed rule is issued 

under the authority of sections 2002(a), 

7004(b), and 9004 of the Solid Waste 

Disposal Act, as amended, 42 U.S.C. 6912, 

6991c, 6991d, and 6991e. 

Dated: November 22, 2024. 

Meghan A. McCollister, 

Regional Administrator, EPA Region 7. 

[FR Doc. 2024–28139 Filed 12–6–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

49 CFR Part 40 

[Docket DOT–OST–2021–0093] 

RIN 2105–AF28 

Procedures for Transportation 

Workplace Drug and Alcohol Testing 

Programs 

AGENCY: Office of the Secretary, 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Department of 

Transportation (DOT) proposes to revise 

its drug testing procedures rule, which 

became effective on June 1, 2023, to 

provide interim provisions to require 

the conduct of directly observed urine 

tests in situations where oral fluid tests 

are currently required, but oral fluid 

testing is not yet available. 

DATES: Comments must be received on 

or before January 8, 2025. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. DOT–OST– 

2021–0093, at https://

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

DOT may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. For additional 

submission methods and general 

guidance on making effective 

comments, please visit https://

www.transportation.gov/regulations/ 

rulemaking-process. 

FOR FURTHER INFORMATION CONTACT: 

Bohdan Baczara, Deputy Director, Office 

of Drug and Alcohol Policy and 

Compliance, 1200 New Jersey Avenue 

SE, Washington, DC 20590; telephone 

number 202–366–3784; 

ODAPCwebmail@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is DOT proposing this rule? 

DOT proposes to revise its drug 

testing regulation, Procedures for 

Transportation Workplace Drug and 

Alcohol Testing Programs (49 CFR part 

40), to address unforeseen 

circumstances rendering it impossible to 

comply with requirements in the final 

rule. 

II. General Information 

DOT published a final rule amending 

the procedures for its drug testing 

program (49 CFR part 40) on May 2, 

2023 (88 FR 27596) (May 2023 Final 

Rule). The May 2023 Final Rule went 

into effect on June 1, 2023. The May 

2023 Final Rule authorized oral fluid 

drug testing as an additional 

methodology for employers to use as a 

means of achieving the safety goals of 

the program. In the May 2023 Final 

Rule, we required an oral fluid test to 

be conducted in certain circumstances 

where an observed collection is 

required. However, because oral fluid 

testing is not yet available, DOT 

proposes to amend DOT’s regulations to 

require the conduct of directly observed 

urine collections in those circumstances 

for an interim period. This rulemaking 

would correct the inadvertent factual 

impossibility created by the May 2023 

Final Rule. 

Section 40.67 When and how is a 

directly observed urine collection 

conducted? 

DOT regulations at § 40.67 require 

that a collection be directly observed in 

certain circumstances, e.g., if the 

original sample was invalid without 

adequate medical explanation or the test 

is for a return to duty. In the May 2023 

Final Rule, DOT codified a procedure 

requiring the directly observed 

collection to be an oral fluid test rather 

than a urine test in certain situations. 

However, oral fluid testing cannot be 

implemented until the Department of 

Health and Human Services (HHS) 

certifies at least two laboratories, one to 

serve as a primary laboratory, and a 

second to serve as a split specimen 

laboratory. Because no oral fluid 

laboratories have been certified, it is not 

yet possible to comply with this 

provision. 

In the interim, it is necessary to 

ensure that directly observed collections 

can still be conducted when required. 

DOT proposes to require directly 

observed urine collections in the 

situations specified in § 40.67(g)(3) if an 

oral fluid collection is not yet available. 

We emphasize that the responsibility of 

ensuring the collection takes place has 

always been a requirement the employer 

must satisfy. If a directly observed urine 

collection is required, the burden—as is 

currently the case—remains on the 

employer to provide an observer as 

specified in § 40.67(g) if the collection 

site cannot do so. 

We intend this provision to require 

directly observed urine tests in 

situations where an oral fluid collection 

is required, but is not yet available, to 

be a temporary, short-term solution 

because there are currently no certified 

oral fluid laboratories. This provision 

will sunset one year after HHS 

publishes a Federal Register notice that 

it certified the second oral fluid drug 

testing laboratory. So that all are aware 

of the date when this provision will 

sunset, we will publish a Federal 

Register document specifying the date 

the second oral fluid laboratory is 

certified by HHS. If, during the interim 

period, a collection site is able to 

conduct an oral fluid collection (HHS 

has certified at least two oral fluid drug 

testing laboratories, and both a qualified 

oral fluid collector and a conforming 

oral fluid collection device are available 

at the collection site), an oral fluid 

collection would be required to be 

conducted. 

In the May 2023 Final Rule, we added 

§ 40.67(g)(3) to address situations where 

an observer who meets the regulatory 

requirements cannot be found at the 

collection site, but mistakenly used the 

term ‘‘collector’’ instead of ‘‘observer’’ 

in the regulatory text of that section. In 

this rule, we propose to correct the 

error. 

III. Regulatory Notices and Analyses 

Executive Orders 12866, 13563, and 

14094 

This proposed rule is a nonsignificant rule for purposes of 

Executive Order (E.O.) 12886, as 

supplemented by E.O. 13563 and 

amended by E.O. 14094, and will not 

impose any significant costs or have any 

significant impacts. Given the 

uncertainty of testing costs and lack of 

data on other aspects of testing, DOT 

did not estimate cost savings or other 

benefits for the May 2023 Final Rule 

that permitted oral fluid testing as an 

alternative to urine testing in most 

scenarios. In the regulatory analyses for 

the May 2023 Final Rule, DOT stated 

that ‘‘Oral fluid testing is optional in all 

but very rare cases . . .’’ However, and 

because oral fluid testing is not yet 


ddrumheller on DSK120RN23PROD with PROPOSALS1