Pesticides; Draft Pesticide Registration Notice; Revised Procedures for Citing Data To Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35); Notice of Availability and Request for Comment, 48893-48894 [2024-12626]

Download as PDF Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices [EPA–HQ–OPP–2023–0398; FRL–8944–01– OCSPP] Pesticides; Draft Pesticide Registration Notice; Revised Procedures for Citing Data To Support Pesticide Registrations (EPA Forms No. 8570–34 and 8570–35); Notice of Availability and Request for Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA or ‘‘Agency’’) is announcing the availability of and seeking public comment on a draft Pesticide Registration Notice (PR Notice) entitled ‘‘Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570–34 and 8570–35).’’ PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This draft PR Notice, will supersede PR Notice 98–5, entitled ‘‘New forms for the Certification with Respect to Citation of Data’’ dated June 12, 1998. The Agency is eliminating the instructions provided in PR Notice 98– 5 that required registrants to submit two versions of EPA Form No. 8570–35 (‘‘Data Matrix’’), and the use of paper submissions. The changes in procedure are necessary updates to reflect current operations established to help reduce the burden associated with completing, submitting, and processing these forms for both applicants and the Agency, as well as to provide improved efficiencies for providing public access to the information without the extra burden associated with the use of formal procedures to request additional information. SUMMARY: Comments must be received on or before July 10, 2024. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2023–0398, through the https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https://www.epa.gov/dockets. lotter on DSK11XQN23PROD with NOTICES1 DATES: VerDate Sep<11>2014 17:13 Jun 07, 2024 Jkt 262001 Earl Ingram, Office of Chemical Safety and Pollution Prevention (7603M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 566–1381; email address: ingram.earl@ epa.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: ENVIRONMENTAL PROTECTION AGENCY I. Does this action apply to me? This action is directed to the general public, although this action may be of particular interest to those persons who are required to submit data in support of pesticide registrations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. II. What is the Agency’s authority for taking this action? Pesticide registration activities are governed by FIFRA, 7 U.S.C. 136 et seq. III. What guidance does this PR Notice provide? This draft PR Notice provides updated guidance to registrants and applicants (hereinafter ‘‘registrants’’) concerning their submission of the forms used for citing data to support pesticide registrations. The forms themselves that are currently in use are not being changed. This PR Notice will supersede PR Notice 98–5, entitled ‘‘New forms for the Certification with Respect to Citation of Data’’ dated June 12, 1998, that announced the availability of these forms to use for citation of data to support pesticide registrations, which were newly established in 1998 to streamline the forms previously used. With this PR Notice, OPP is revising the procedures established in 1998. Specifically, OPP is eliminating the instruction in PR Notice 98–5 that registrants submit two versions of EPA Form 8570–35 (‘‘Data Matrix’’), i.e., one the ‘‘Internal Agency Use Copy’’ and the other the ‘‘Public File Copy’’. Consistent with federal mandates that direct agencies to adopt electronic submissions, OPP is also eliminating the instruction to use paper submissions as described in PR Notice 98–5 because these forms can be completed and submitted electronically. In addition, EPA has determined that none of the information provided on EPA Form No. 8570–35 is confidential. EPA regulations at 40 CFR 152.119(c) require that, when requested, the Agency provides the form to the public for inspection after a product is registered. The information in the data PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 48893 matrix form is specified by EPA regulations at 40 CFR 152.119(b): Materials that will be publicly available include an applicant’s list of data requirements, the method used by the applicant to demonstrate compliance for each data requirement, and the applicant’s citations of specific studies in the Agency’s possession if applicable. CBI claims for information submitted under EPA’s data requirements in 40 CFR part 158 is strictly limited in 40 CFR 158.33 to manufacturing or quality control processes, the details of any methods for testing, detecting, or measuring the quantity of any deliberately added inert ingredient of a pesticide, and the identity or percentage quantity of any deliberately added inert ingredient of a pesticide, pursuant to FIFRA section 10(d)(1) (A) through (C). None of this information is reported in the data matrix form. Because none of the information on EPA Form No. 8570– 35 is CBI, the Agency is able to release the form in response to a Freedom of Information Act (FOIA) request. In addition, OPP is eliminating the instruction to use paper submissions as described in PR Notice 98–5 because these forms can be completed and submitted electronically. This PR Notice provides updated instructions for completing and submitting these forms electronically through the Pesticide Submission Portal (PSP) that OPP established to allow registrants to create and submit packages electronically in lieu of submitting multiple paper copies. The PSP is accessed through the EPA’s Central Data Exchange (CDX) Network (https://cdx.epa.gov/), which is a web-based system used for various electronic environmental data submissions to EPA. The changes in procedure presented in this draft PR Notice are necessary updates to reflect current operations established to help reduce the burden associated with completing, submitting and processing these forms for both applicants and the Agency, as well as to provide improved efficiencies for providing public access to the information without the extra burden associated with the use of formal requests for the additional information contained in the ‘‘Internal Agency Use Copy’’ of EPA Form 8570–35 (‘‘Data Matrix’’). IV. Do PR Notices contain binding requirements? The draft PR Notice discussed in this document is intended to provide guidance to EPA personnel and decision makers and to pesticide registrants. While the requirements in the statutes and Agency regulations are binding on E:\FR\FM\10JNN1.SGM 10JNN1 48894 Federal Register / Vol. 89, No. 112 / Monday, June 10, 2024 / Notices EPA and the applicants, this PR Notice is not binding on either EPA or pesticide registrants, and EPA may depart from the guidance where circumstances warrant and without prior notice. Likewise, pesticide registrants may assert that the guidance is not appropriate generally or not applicable to a specific pesticide or situation. V. Are these forms approved under the Paperwork Reduction Act (PRA)? According to the PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires approval under the PRA, unless it has been approved by the Office of Management and Budget (OMB) and displays a currently valid OMB control number. The information collection activities associated with EPA Forms 8570–34 and 8570–35 and the activities described in this PR Notice are already approved by OMB under the PRA and are contained in the Information Collection Requests (ICRs) entitled ‘‘Consolidated Pesticide Registration Submission Portal’’ identified as EPA ICR No. 2624.01 and approved under OMB Control No. 2070– 0226; and the ‘‘Pesticide Data Call-in Program’’ identified as EPA ICR No. 2288 and approved under OMB Control No. 2070–0174. For additional information about these ICRs, use the link https://www.reginfo.gov/public/ and search on the applicable OMB control number. Authority: 7 U.S.C. 136 et seq. Dated: June 4, 2024. Edward Messina, Director, Office of Pesticide Programs. [FR Doc. 2024–12626 Filed 6–7–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–11944–01–OA] Science Advisory Board Scientific and Technological Achievement Awards Panel; Closed Meeting Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a meeting of the Scientific and Technological Achievement Awards (STAA) Panel. The purpose of the meeting is to review the 2024 STAA nominations and to make recommendations for awards. The meeting is closed to the public. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:13 Jun 07, 2024 Jkt 262001 The SAB STAA Panel will meet on the following dates. All times listed are in eastern time. 1. July 8, 2024, from 10 a.m. to 4 p.m. 2. July 19, 2024, from 10 a.m. to 4 p.m. 3. August 8, 2024, from 10 a.m. to 4 p.m. 4. August 12, 2024, from 10 a.m. to 4 p.m. ADDRESSES: The SAB STAA Panel meeting will be conducted virtually. FOR FURTHER INFORMATION CONTACT: Members of the public who wish to obtain further information concerning this notice may contact Dr. Shaunta Hill-Hammond, Designated Federal Officer (DFO), via telephone (202) 564– 3343, or via email at hillhammond.shaunta@epa.gov. General information about the SAB as well as any updates concerning the meetings announced in this notice can be found on the SAB website at https:// sab.epa.gov. SUPPLEMENTARY INFORMATION: Background: The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDDAA), codified at 42 U.S.C. 4365, to provide independent scientific and technical advice to the EPA Administrator on the scientific and technical basis for agency positions and regulations. The SAB is a Federal advisory committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C. 10. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Pursuant to FACA and EPA policy, notice is hereby given that the SAB STAA Panel, will hold a closed meeting to review the 2024 STAA nominations and to make recommendations for awards and recommendations for improvement of the Agency’s STAA program. The STAA awards are established to honor and recognize EPA employees who have made outstanding contributions in the advancement of science and technology through their research and development activities, as exhibited in publication of their results in peer reviewed journals. In conducting its review, the SAB considers each nomination in relation to the following four award levels: • Level I awards are for those who have accomplished an exceptionally high-quality research or technological effort. The awards recognize the creation or general revision of a scientific or technological principle or procedure, or a highly significant improvement in the value of a device, DATES: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 activity, program, or service to the public. Awarded research is of national significance or has high impact on a broad area of science/technology. The research has far reaching consequences and is recognizable as a major scientific/ technological achievement within its discipline or field of study. • Level II awards are for those who have accomplished a notably excellent research or technological effort that has qualities and values similar to, but to a lesser degree, than those described under Level I. Awarded research has timely consequences and contributes as an important scientific/technological achievement within its discipline or field of study. • Level III awards are for those who have accomplished an unusually notable research or technological effort. The awards are for a substantial revision or modification of a scientific/ technological principle or procedure, or an important improvement to the value of a device, activity, program, or service to the public. Awarded research relates to a mission or organizational component of the EPA, or significantly affects a relevant area of science/ technology. • Honorable Mention awards acknowledge research efforts that are noteworthy but do not warrant a Level I, II or III award. Honorable Mention applies to research that: (1) May not quite reach the level described for a Level III award; (2) show a promising area of research that the STAA Panel wants to encourage; or (3) show an area of research that the STAA Panel feels is too preliminary to warrant an award recommendation at this time. The SAB reviews the STAA nomination packages according to the following five evaluation factors: • The extent to which the work reported in the nominated publication(s) resulted in either new or significantly revised knowledge. The accomplishment is expected to represent an important advancement of scientific knowledge or technology relevant to environmental issues and EPA’s mission. • The extent to which environmental protection has been strengthened or improved, whether of local, national, or international importance. • The degree to which the research is a product of the originality, creativeness, initiative, and problemsolving ability of the researchers, as well as the level of effort required to produce the results. • The extent of the beneficial impact of the research and the degree to which the research has been favorably recognized from outside EPA. E:\FR\FM\10JNN1.SGM 10JNN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 89, Number 112 (Monday, June 10, 2024)]
[Notices]
[Pages 48893-48894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12626]



[[Page 48893]]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0398; FRL-8944-01-OCSPP]


Pesticides; Draft Pesticide Registration Notice; Revised 
Procedures for Citing Data To Support Pesticide Registrations (EPA 
Forms No. 8570-34 and 8570-35); Notice of Availability and Request for 
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA or ``Agency'') is 
announcing the availability of and seeking public comment on a draft 
Pesticide Registration Notice (PR Notice) entitled ``Revised Procedures 
for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-
34 and 8570-35).'' PR Notices are issued by the Office of Pesticide 
Programs (OPP) to inform pesticide registrants and other interested 
persons about important policies, procedures, and registration related 
decisions, and serve to provide guidance to pesticide registrants and 
OPP personnel. This draft PR Notice, will supersede PR Notice 98-5, 
entitled ``New forms for the Certification with Respect to Citation of 
Data'' dated June 12, 1998. The Agency is eliminating the instructions 
provided in PR Notice 98-5 that required registrants to submit two 
versions of EPA Form No. 8570-35 (``Data Matrix''), and the use of 
paper submissions. The changes in procedure are necessary updates to 
reflect current operations established to help reduce the burden 
associated with completing, submitting, and processing these forms for 
both applicants and the Agency, as well as to provide improved 
efficiencies for providing public access to the information without the 
extra burden associated with the use of formal procedures to request 
additional information.

DATES: Comments must be received on or before July 10, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2023-0398, through the https://www.regulations.gov. Follow the online instructions for submitting 
comments. Do not submit electronically any information you consider to 
be CBI or other information whose disclosure is restricted by statute. 
Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Earl Ingram, Office of Chemical Safety 
and Pollution Prevention (7603M), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-1381; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    This action is directed to the general public, although this action 
may be of particular interest to those persons who are required to 
submit data in support of pesticide registrations under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other 
entities may also be interested, the Agency has not attempted to 
describe all the specific entities that may be affected by this action.

II. What is the Agency's authority for taking this action?

    Pesticide registration activities are governed by FIFRA, 7 U.S.C. 
136 et seq.

III. What guidance does this PR Notice provide?

    This draft PR Notice provides updated guidance to registrants and 
applicants (hereinafter ``registrants'') concerning their submission of 
the forms used for citing data to support pesticide registrations. The 
forms themselves that are currently in use are not being changed. This 
PR Notice will supersede PR Notice 98-5, entitled ``New forms for the 
Certification with Respect to Citation of Data'' dated June 12, 1998, 
that announced the availability of these forms to use for citation of 
data to support pesticide registrations, which were newly established 
in 1998 to streamline the forms previously used. With this PR Notice, 
OPP is revising the procedures established in 1998. Specifically, OPP 
is eliminating the instruction in PR Notice 98-5 that registrants 
submit two versions of EPA Form 8570-35 (``Data Matrix''), i.e., one 
the ``Internal Agency Use Copy'' and the other the ``Public File 
Copy''. Consistent with federal mandates that direct agencies to adopt 
electronic submissions, OPP is also eliminating the instruction to use 
paper submissions as described in PR Notice 98-5 because these forms 
can be completed and submitted electronically.
    In addition, EPA has determined that none of the information 
provided on EPA Form No. 8570-35 is confidential. EPA regulations at 40 
CFR 152.119(c) require that, when requested, the Agency provides the 
form to the public for inspection after a product is registered. The 
information in the data matrix form is specified by EPA regulations at 
40 CFR 152.119(b):

    Materials that will be publicly available include an applicant's 
list of data requirements, the method used by the applicant to 
demonstrate compliance for each data requirement, and the 
applicant's citations of specific studies in the Agency's possession 
if applicable.

    CBI claims for information submitted under EPA's data requirements 
in 40 CFR part 158 is strictly limited in 40 CFR 158.33 to 
manufacturing or quality control processes, the details of any methods 
for testing, detecting, or measuring the quantity of any deliberately 
added inert ingredient of a pesticide, and the identity or percentage 
quantity of any deliberately added inert ingredient of a pesticide, 
pursuant to FIFRA section 10(d)(1) (A) through (C). None of this 
information is reported in the data matrix form. Because none of the 
information on EPA Form No. 8570-35 is CBI, the Agency is able to 
release the form in response to a Freedom of Information Act (FOIA) 
request.
    In addition, OPP is eliminating the instruction to use paper 
submissions as described in PR Notice 98-5 because these forms can be 
completed and submitted electronically. This PR Notice provides updated 
instructions for completing and submitting these forms electronically 
through the Pesticide Submission Portal (PSP) that OPP established to 
allow registrants to create and submit packages electronically in lieu 
of submitting multiple paper copies. The PSP is accessed through the 
EPA's Central Data Exchange (CDX) Network (https://cdx.epa.gov/), which 
is a web-based system used for various electronic environmental data 
submissions to EPA.
    The changes in procedure presented in this draft PR Notice are 
necessary updates to reflect current operations established to help 
reduce the burden associated with completing, submitting and processing 
these forms for both applicants and the Agency, as well as to provide 
improved efficiencies for providing public access to the information 
without the extra burden associated with the use of formal requests for 
the additional information contained in the ``Internal Agency Use 
Copy'' of EPA Form 8570-35 (``Data Matrix'').

IV. Do PR Notices contain binding requirements?

    The draft PR Notice discussed in this document is intended to 
provide guidance to EPA personnel and decision makers and to pesticide 
registrants. While the requirements in the statutes and Agency 
regulations are binding on

[[Page 48894]]

EPA and the applicants, this PR Notice is not binding on either EPA or 
pesticide registrants, and EPA may depart from the guidance where 
circumstances warrant and without prior notice. Likewise, pesticide 
registrants may assert that the guidance is not appropriate generally 
or not applicable to a specific pesticide or situation.

V. Are these forms approved under the Paperwork Reduction Act (PRA)?

    According to the PRA, 44 U.S.C. 3501 et seq., an agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information that requires approval under the PRA, unless 
it has been approved by the Office of Management and Budget (OMB) and 
displays a currently valid OMB control number. The information 
collection activities associated with EPA Forms 8570-34 and 8570-35 and 
the activities described in this PR Notice are already approved by OMB 
under the PRA and are contained in the Information Collection Requests 
(ICRs) entitled ``Consolidated Pesticide Registration Submission 
Portal'' identified as EPA ICR No. 2624.01 and approved under OMB 
Control No. 2070-0226; and the ``Pesticide Data Call-in Program'' 
identified as EPA ICR No. 2288 and approved under OMB Control No. 2070-
0174. For additional information about these ICRs, use the link https://www.reginfo.gov/public/ and search on the applicable OMB control 
number.
    Authority: 7 U.S.C. 136 et seq.

    Dated: June 4, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2024-12626 Filed 6-7-24; 8:45 am]
BILLING CODE 6560-50-P

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