Notification of Submission to the Secretary of Agriculture; Pesticides; Proposal To Add Chitosan to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products, 51394-51395 [2020-17698]

Download as PDF 51394 Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Proposed Rules (b) The Third Party Payers Act (TPPA), 10 U.S.C. 1095 and 10 U.S.C. 1095b, allows for the collection of the costs of medical care to eligible beneficiaries from a third party, such as an insurance company. (c) 10 U.S.C. 1079a (CHAMPUS: Treatment of refunds and other amounts collected) authorizes the recovery of medical care costs expended to eligible beneficiaries. § 750.106 Responsibility. Responsibility for investigating, asserting, and collecting DON MCRA/ TPPA claims or, if required, properly forwarding claims to other Federal departments or agencies rests with Claims and Tort Litigation Division’s Medical Care Recovery Units (MCRUs) located in Norfolk, VA; San Diego, CA; and Pensacola, FL, and Regional Legal Service Office Europe, Africa, and Southwest Asia (RLSO EURAFSWA) for MCRA/TPPA claims arising in their area of responsibility. All other claims arising overseas and outside the RLSO EURAFSWA will be asserted by either MCRU Norfolk or MCRU San Diego depending upon the country of origin. jbell on DSKJLSW7X2PROD with PROPOSALS § 750.107 Claims asserted. (a) The MCRA creates an independent cause of action for the United States and the Government can administratively assert and litigate MCRA claims in its own name and for its own benefit. Procedural defenses, such as a failure of the injured party (IP) to properly file and/or serve a complaint on the third party, that may prevent the IP from recovering damages, do not prevent the United States from pursuing its own action to recover the value of medical treatment provided to the IP. In creating an independent right for the Government, the MCRA prevents a release given by the IP to a third party from affecting the Government’s claim. (b) When recovery under the MCRA is not possible because no third-party tort liability exists, the TPPA provides the Government an alternate means for recovery. Under the TPPA, claims are asserted by the United States as a third party beneficiary of an insurance contract of the IP. This includes but is not limited to: (1) Medical Payments Coverage in an automobile or homeowner’s policy; (2) Uninsured/Underinsured Coverage in an automobile policy; (3) No-fault coverage in an automobile policy; and (4) On-the-job injury compensable under a worker’s employment contract at the job. (c) Determination of Amount Asserted. VerDate Sep<11>2014 15:51 Aug 19, 2020 Jkt 250001 (1) MTF costs. The costs of care provided by the MTF are based on Diagnostic Related Group (DRG) rates or a Relative Value Unit (RVU). Rates are established by the Office of Management and Budget (OMB) and/or the DOD and published annually in the Federal Register. The MCRU must ensure all MTF bills include only expenses related to the injury and include all charges for care provided by or paid for by the MTF. (2) Defense Health Agency (DHA) costs. The costs of care provided by DHA are the actual amount that DHA paid even if this amount exceeds the amount that the civilian hospital billed DHA. (d) The DON will not assert claims against the following: (1) Any department, agency or instrumentality of the United States, including self-insured NAF activities but not private associations (e.g., flying clubs or equestrian clubs); (2) Against a service member, a dependent family member of a service member, or an employee of the United States who is injured as a result of his/ her own willful or negligent acts or the willful or negligent acts of others (the United States does assert claims, however, against insurance policies that cover the IP); (3) The employer of a merchant seaman who receives medical care in a Federal facility pursuant to 42 U.S.C. 249; and (4) For care provided to a veteran by the VA when the care is for a serviceconnected disability. The United States will, however, claim for the reasonable value of care provided a member before transfer to a VA hospital or in those instances where TRICARE pays a VA hospital directly. § 750.108 Assertion of claims. (a) The MCRUs will promptly assert claims by mailing a notice of claim or demand for payment to identified thirdparty tortfeasors and/or their insurers or to the insurer for any third party beneficiary coverage. The notice of claim or demand will outline the facts and cite the applicable Federal statutes. (b) The MCRU will attempt to coordinate collection of the claim with any action brought by the IP. (1) When the IP is represented by counsel, the MCRU will request to have the IP’s attorney agree in writing to protect the Government’s interests. (2) 5 U.S.C. 3106 prohibits the payment of a fee for assertion or collection of the Government’s claim. As such, attorney’s fees and costs will not be paid by the Government or PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 computed on the basis of the Government’s portion of recovery. (3) If the IP is not pursuing a claim or has expressly refused to include the Government’s claim, the MCRU will pursue independent collection. (c) Waiver or compromise of the claim may be appropriate when the IP, his attorney, or a lien resolution group files a written request and it is determined that collection of the full amount of the claim would result in undue hardship to the IP. (1) In assessing undue hardship, the following factors shall be considered: Permanent disability or disfigurement; lost earning capacity; out-of-pocket expenses; financial status; amount of settlement or award from a third-party tortfeasor or contract insurer; and any other factors that objectively indicate that fairness requires waiver. (2) Only the Department of Justice may authorize the compromise or waiver of a MCRA/TPPA claim in excess of $300,000.00. The Director and the Head, Affirmative and Personnel Claims Branch, Claims and Tort Litigation (OJAG Code 15) may authorize the compromise or waiver of a MCRA/TPPA claim up to $300,000.00. The Director and the Head, Affirmative and Personnel Claims Branch, may further delegate authority to personnel in the MCRUs. D.J. Antenucci, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2020–15408 Filed 8–19–20; 8:45 am] BILLING CODE 3810–FF–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 152 [EPA–HQ–OPP–2019–0701; FRL–10009–23] RIN 2070–AK56 Notification of Submission to the Secretary of Agriculture; Pesticides; Proposal To Add Chitosan to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products Environmental Protection Agency (EPA). ACTION: Notification of submission to the Secretary of Agriculture. AGENCY: This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture SUMMARY: E:\FR\FM\20AUP1.SGM 20AUP1 Federal Register / Vol. 85, No. 162 / Thursday, August 20, 2020 / Proposed Rules jbell on DSKJLSW7X2PROD with PROPOSALS (USDA) a draft regulatory document concerning ‘‘Pesticides; Addition of Chitosan to the List of Active Ingredients Allowed in Exempted Minimum Risk Pesticides Products.’’ The draft regulatory document is not available to the public until after it has been signed and made available by EPA. DATES: See Unit I. under SUPPLEMENTARY INFORMATION. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0701, is available at https://www.regulations.gov. Please note that due to the public health emergency the EPA Docket Center (EPA/ DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Anne Overstreet, Deputy Director, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20460–0001; telephone number: (703) 305–7090; email address: BPPDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: I. What action is EPA taking? Section 25(a)(2)(A) of FIFRA requires the EPA Administrator to provide the Secretary of USDA with a copy of any draft proposed rule at least 60 days before signing it in proposed form for publication in the Federal Register. The draft proposed rule is not available to the public until after it has been signed by EPA. If the Secretary of USDA comments in writing regarding the draft proposed rule within 30 days after receiving it, the EPA Administrator shall include the comments of the Secretary of USDA and the EPA Administrator’s response to those comments with the proposed rule that publishes in the Federal Register. If the Secretary of USDA does not comment in writing within 30 days after receiving the draft proposed rule, the EPA Administrator may sign the proposed rule for publication in the Federal Register any time after the 30-day period. II. Do any Statutory and Executive Order reviews apply to this notification? No. This document is merely a notification of submission to the Secretary of USDA. As such, none of the VerDate Sep<11>2014 15:51 Aug 19, 2020 Jkt 250001 51395 regulatory assessment requirements apply to this document. information about the docket available at https://www.epa.gov/dockets. List of Subjects in Part 152 FOR FURTHER INFORMATION CONTACT: Environmental protection, Administrative practice and procedure, Pesticides and pests, Reporting and recordkeeping requirements. Anne Overstreet, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20460–0001; telephone number: (703) 305–7090; email address: BPPDFRNotices@epa.gov. Dated: August 7, 2020. Alexandra Dapolito Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2020–17698 Filed 8–19–20; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P I. What action is EPA taking? ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 174 [EPA–HQ–OPP–2019–0508; FRL–10002–27] RIN 2070–AK54 Notification of Submission to the Secretary of Agriculture; Pesticides; Exemptions of Certain PlantIncorporated Protectants (PIPs) Derived From Newer Technologies Environmental Protection Agency (EPA). ACTION: Notification of submission to the Secretary of Agriculture. AGENCY: This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the U.S. Department of Agriculture (USDA) a draft regulatory document concerning ‘‘Pesticides; Exemptions of Certain Plant-Incorporated Protectants (PIPs) Derived from Newer Technologies.’’ The draft regulatory document is not available to the public until after it has been signed and made available by EPA. DATES: See Unit I. under SUPPLEMENTARY INFORMATION. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2019–0508, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory 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 is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional SUMMARY: PO 00000 Frm 00028 Fmt 4702 Sfmt 9990 Section 25(a)(2)(A) of FIFRA requires the EPA Administrator to provide the Secretary of USDA with a copy of any draft proposed rule at least 60 days before signing it in proposed form for publication in the Federal Register. The draft proposed rule is not available to the public until after it has been signed by EPA. If the Secretary of USDA comments in writing regarding the draft proposed rule within 30 days after receiving it, the EPA Administrator shall include the comments of the Secretary of USDA and EPA Administrator’s response to those comments with the proposed rule that publishes in the Federal Register. If the Secretary of USDA does not comment in writing within 30 days after receiving the draft proposed rule, the EPA Administrator may sign the proposed rule for publication in the Federal Register any time after the 30-day period. II. Do any Statutory and Executive Order reviews apply to this notification? No. This document is merely a notification of submission to the Secretary of USDA. As such, none of the regulatory assessment requirements apply to this document. List of Subjects in 40 CFR Part 174 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Plant-incorporated protectants, Reporting and recordkeeping requirements. Dated: July 31, 2020. Alexandra Dapolito Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2020–17158 Filed 8–19–20; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\20AUP1.SGM 20AUP1

Agencies

[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
[Proposed Rules]
[Pages 51394-51395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17698]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 152

[EPA-HQ-OPP-2019-0701; FRL-10009-23]
RIN 2070-AK56


Notification of Submission to the Secretary of Agriculture; 
Pesticides; Proposal To Add Chitosan to the List of Active Ingredients 
Permitted in Exempted Minimum Risk Pesticide Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretary of Agriculture.

-----------------------------------------------------------------------

SUMMARY: This document notifies the public as required by the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA 
Administrator has forwarded to the Secretary of the United States 
Department of Agriculture

[[Page 51395]]

(USDA) a draft regulatory document concerning ``Pesticides; Addition of 
Chitosan to the List of Active Ingredients Allowed in Exempted Minimum 
Risk Pesticides Products.'' The draft regulatory document is not 
available to the public until after it has been signed and made 
available by EPA.

DATES: See Unit I. under SUPPLEMENTARY INFORMATION.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2019-0701, is available at https://www.regulations.gov. Please note that due to the public health 
emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to 
public visitors on March 31, 2020. Our EPA/DC staff will continue to 
provide customer service via email, phone, and webform. For further 
information on EPA/DC services, docket contact information and the 
current status of the EPA/DC and Reading Room, please visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Anne Overstreet, Deputy Director, 
Biopesticides and Pollution Prevention Division (7511P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington DC 20460-0001; telephone number: (703) 305-7090; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    Section 25(a)(2)(A) of FIFRA requires the EPA Administrator to 
provide the Secretary of USDA with a copy of any draft proposed rule at 
least 60 days before signing it in proposed form for publication in the 
Federal Register. The draft proposed rule is not available to the 
public until after it has been signed by EPA. If the Secretary of USDA 
comments in writing regarding the draft proposed rule within 30 days 
after receiving it, the EPA Administrator shall include the comments of 
the Secretary of USDA and the EPA Administrator's response to those 
comments with the proposed rule that publishes in the Federal Register. 
If the Secretary of USDA does not comment in writing within 30 days 
after receiving the draft proposed rule, the EPA Administrator may sign 
the proposed rule for publication in the Federal Register any time 
after the 30-day period.

II. Do any Statutory and Executive Order reviews apply to this 
notification?

    No. This document is merely a notification of submission to the 
Secretary of USDA. As such, none of the regulatory assessment 
requirements apply to this document.

List of Subjects in Part 152

    Environmental protection, Administrative practice and procedure, 
Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: August 7, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2020-17698 Filed 8-19-20; 8:45 am]
BILLING CODE 6560-50-P
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