Procedures for Considering Environmental Impacts, 83881-83882 [2020-28467]

Download as PDF Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Proposed Rules I. General Information II. What action is the Agency taking? A. Does this action apply to me? EPA is announcing its receipt of several pesticide petitions 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 174 and/or part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petitions described in this document contain data or information prescribed in 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 support granting of the pesticide petitions. 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 these pesticide petitions. Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available at https:// www.regulations.gov. As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petitions so that the public has an opportunity to comment on these requests for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petitions may be obtained through the petition summaries referenced in this unit. 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). jbell on DSKJLSW7X2PROD with PROPOSALS 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. VerDate Sep<11>2014 16:43 Dec 22, 2020 Jkt 253001 New Tolerance Exemptions for NonInerts (Except PIPS) 1. PP 9F8781. EPA–HQ–OPP–2019– 0515. Valent BioSciences LLC, 870 Technology Way, Libertyville, IL 60048, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the plant regulator 1Aminocyclopropanecarboxylic acid (ACC) in or on apple and stone fruit. The analytical methods Ultra HighPerformance Liquid ChromatographyTandem Mass Spectrometry is available to EPA for the detection and measurement of the pesticide residues. 2. PP 9F8802. (EPA–HQ–OPP–2020– 0328). Certis USA LLC, 9145 Guilford Rd., Suite 175, Columbia, MD 21046, requests to establish an exemption from the requirement of a tolerance in 40 CFR PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 83881 part 180 for residues of the insecticide Spodoptera frugiperdamultiplenucleopo lyhedrovirusisolate NPV003 in or on all food commodities. The petitioner believes no analytical method is needed because it is requesting an exemption from the requirement of a tolerance. New Tolerance Exemptions for PIPS PP 0F8839. (EPA–HQ–OPP–2020– 0546). Bayer CropScience LP, 800 N. Lindbergh Blvd., St. Louis, MO 63167, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 174 for residues of the plantincorporated protectants (PIPs) Cry1B.868 and Cry1DA_7 proteins derived from Bacillus thuringienisis in or on the food and feed commodities of corn, field; corn, sweet; and corn, pop. The petitioner believes no analytical method is needed because this petition is for a permanent exemption from the requirement of a tolerance without numerical limitation. Authority: 21 U.S.C. 346a. Dated: November 24, 2020. Delores Barber, Director, Information Technology and Resources Management Division, Office of Pesticide Programs. [FR Doc. 2020–28123 Filed 12–22–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation 49 CFR Part 13 [Docket No. DOT–OST–2020–0229] RIN 2105–AE97 Procedures for Considering Environmental Impacts Office of the Secretary (OST), U.S. Department of Transportation (DOT). ACTION: Notification of denial of request for extension of comment period. AGENCY: SUMMARY: This document denies the request to extend the comment period on the U.S. Department of Transportation (DOT) notice of proposed rulemaking (NPRM) on Procedures for Considering Environmental Impacts. This NPRM contains the Department’s procedures implementing the National Environmental Policy Act and outlines the Department’s internal policies and procedures for environmental reviews of DOT’s actions. The NPRM was published in the Federal Register on November 23, 2020. E:\FR\FM\23DEP1.SGM 23DEP1 83882 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Proposed Rules The closing date for comments on the notice of proposed rulemaking published on November 23, 2020 (85 FR 74640), remains December 23, 2020. ADDRESSES: You may review the petitions to extend the public comment period and other comments under Docket Number DOT–OST–2020–0229 through the Federal Regulations website at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: April Marchese, Director, Infrastructure Permitting Improvement Center, 202– 366–2074, april.marchese@dot.gov, or Krystyna Bednarczyk, Office of the General Counsel, 202–366–5283, krystyna.bednarczyk@dot.gov. SUPPLEMENTARY INFORMATION: On November 23, 2020, the U.S. Department of Transportation (DOT or Department) issued a notice of proposed rulemaking (NPRM) (85 FR 7460) to codify the Department’s procedures implementing the National Environmental Policy Act (NEPA). This NPRM would codify internal policies applicable to the Department’s performance of environmental reviews. The NPRM would direct the Department’s Operating Administrations to update their procedures consistent with regulations issued by the Council on Environmental Quality (CEQ), 40 CFR parts 1500–1508, and the Department’s own implementing procedures, when finalized. The Department’s existing procedures, which are contained in an internal order, have not been updated since 1985 and are inconsistent with current practice, and thus, modifications and changes are needed to make DOT’s regulations consistent jbell on DSKJLSW7X2PROD with PROPOSALS DATES: VerDate Sep<11>2014 16:43 Dec 22, 2020 Jkt 253001 with intervening statutory and policy changes. This NPRM would codify existing processes and policies and ensure consistency with CEQ regulations published in July 2020 and effective as of September 14, 2020 (85 FR 43304 (July 16, 2020)). To date, DOT has received four petitions to extend the comment period, each asking for different lengths of an extension. Petitioners note that the comment period for the NPRM coincides with the holiday season. In addition, petitioners cite the coronavirus disease (COVID–19) public health emergency as an unprecedented circumstance necessitating the extension of the comment period. While DOT appreciates the concerns raised by the petitioners, we decline to extend the comment period for this rulemaking. The changes proposed by the NPRM would incorporate best practices, codify internal processes, provide conforming updates based on CEQ regulations, and provide consistency across the Department. The NPRM does not propose major discretionary changes to the way the Department analyzes the effects of proposed actions or ranges of alternatives; nor would the NPRM modify any analyses done in the Section 4(f) analysis. DOT believes there is a strong interest in the timely issuance of these procedures to allow for the DOT Operating Administrations to issue their own procedural updates in accordance with the CEQ regulations. CEQ regulations at 40 CFR 1507.3(b) require Federal agencies to develop or revise, as necessary, procedures to implement the CEQ regulations, including eliminating PO 00000 Frm 00046 Fmt 4702 Sfmt 9990 any inconsistencies with the CEQ regulations by September 14, 2021. Before that date, DOT must review comments received on this pending NPRM and, based on the comments received, develop a final rule that would set the minimum standard for all of the Department’s procedures to follow. Once this NPRM is finalized, DOT Operating Administrations can begin to update their own procedures, many of which will also require notice and an opportunity for public comment before they can also be finalized. Individuals will have the opportunity to comment further on these implementing procedures, which will be more detailed than this NPRM and specifically tailored to the unique environmental programs overseen by each DOT Operating Administration. The Department further acknowledges that DOT administrative policy provides that ‘‘Generally, absent special considerations, the comment period for . . . significant DOT rules should be at least 45 days’’ (emphasis added) (49 CFR 5.13(i)(3)). For the reasons cited above, DOT found special considerations exist that necessitate a comment period less than 45 days for this NPRM, which was designated significant by the Office of Management and Budget. DOT therefore denies the petitions to extend the comment period. Issued in Washington, DC, on December 18, 2020, under authority delegated in 49 CFR 1.23. Steven G. Bradbury, General Counsel (and performing the functions and duties of Deputy Secretary). [FR Doc. 2020–28467 Filed 12–22–20; 8:45 am] BILLING CODE 4910–9X–P E:\FR\FM\23DEP1.SGM 23DEP1

Agencies

[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Proposed Rules]
[Pages 83881-83882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28467]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

49 CFR Part 13

[Docket No. DOT-OST-2020-0229]
RIN 2105-AE97


Procedures for Considering Environmental Impacts

AGENCY: Office of the Secretary (OST), U.S. Department of 
Transportation (DOT).

ACTION: Notification of denial of request for extension of comment 
period.

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

SUMMARY: This document denies the request to extend the comment period 
on the U.S. Department of Transportation (DOT) notice of proposed 
rulemaking (NPRM) on Procedures for Considering Environmental Impacts. 
This NPRM contains the Department's procedures implementing the 
National Environmental Policy Act and outlines the Department's 
internal policies and procedures for environmental reviews of DOT's 
actions. The NPRM was published in the Federal Register on November 23, 
2020.

[[Page 83882]]


DATES: The closing date for comments on the notice of proposed 
rulemaking published on November 23, 2020 (85 FR 74640), remains 
December 23, 2020.

ADDRESSES: You may review the petitions to extend the public comment 
period and other comments under Docket Number DOT-OST-2020-0229 through 
the Federal Regulations website at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: April Marchese, Director, 
Infrastructure Permitting Improvement Center, 202-366-2074, 
[email protected], or Krystyna Bednarczyk, Office of the General 
Counsel, 202-366-5283, [email protected].

SUPPLEMENTARY INFORMATION: On November 23, 2020, the U.S. Department of 
Transportation (DOT or Department) issued a notice of proposed 
rulemaking (NPRM) (85 FR 7460) to codify the Department's procedures 
implementing the National Environmental Policy Act (NEPA). This NPRM 
would codify internal policies applicable to the Department's 
performance of environmental reviews. The NPRM would direct the 
Department's Operating Administrations to update their procedures 
consistent with regulations issued by the Council on Environmental 
Quality (CEQ), 40 CFR parts 1500-1508, and the Department's own 
implementing procedures, when finalized. The Department's existing 
procedures, which are contained in an internal order, have not been 
updated since 1985 and are inconsistent with current practice, and 
thus, modifications and changes are needed to make DOT's regulations 
consistent with intervening statutory and policy changes. This NPRM 
would codify existing processes and policies and ensure consistency 
with CEQ regulations published in July 2020 and effective as of 
September 14, 2020 (85 FR 43304 (July 16, 2020)).
    To date, DOT has received four petitions to extend the comment 
period, each asking for different lengths of an extension. Petitioners 
note that the comment period for the NPRM coincides with the holiday 
season. In addition, petitioners cite the coronavirus disease (COVID-
19) public health emergency as an unprecedented circumstance 
necessitating the extension of the comment period.
    While DOT appreciates the concerns raised by the petitioners, we 
decline to extend the comment period for this rulemaking. The changes 
proposed by the NPRM would incorporate best practices, codify internal 
processes, provide conforming updates based on CEQ regulations, and 
provide consistency across the Department. The NPRM does not propose 
major discretionary changes to the way the Department analyzes the 
effects of proposed actions or ranges of alternatives; nor would the 
NPRM modify any analyses done in the Section 4(f) analysis.
    DOT believes there is a strong interest in the timely issuance of 
these procedures to allow for the DOT Operating Administrations to 
issue their own procedural updates in accordance with the CEQ 
regulations. CEQ regulations at 40 CFR 1507.3(b) require Federal 
agencies to develop or revise, as necessary, procedures to implement 
the CEQ regulations, including eliminating any inconsistencies with the 
CEQ regulations by September 14, 2021. Before that date, DOT must 
review comments received on this pending NPRM and, based on the 
comments received, develop a final rule that would set the minimum 
standard for all of the Department's procedures to follow. Once this 
NPRM is finalized, DOT Operating Administrations can begin to update 
their own procedures, many of which will also require notice and an 
opportunity for public comment before they can also be finalized. 
Individuals will have the opportunity to comment further on these 
implementing procedures, which will be more detailed than this NPRM and 
specifically tailored to the unique environmental programs overseen by 
each DOT Operating Administration.
    The Department further acknowledges that DOT administrative policy 
provides that ``Generally, absent special considerations, the comment 
period for . . . significant DOT rules should be at least 45 days'' 
(emphasis added) (49 CFR 5.13(i)(3)). For the reasons cited above, DOT 
found special considerations exist that necessitate a comment period 
less than 45 days for this NPRM, which was designated significant by 
the Office of Management and Budget. DOT therefore denies the petitions 
to extend the comment period.

    Issued in Washington, DC, on December 18, 2020, under authority 
delegated in 49 CFR 1.23.
Steven G. Bradbury,
General Counsel (and performing the functions and duties of Deputy 
Secretary).
[FR Doc. 2020-28467 Filed 12-22-20; 8:45 am]
BILLING CODE 4910-9X-P

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