Pesticides; Flexible Packaging; Child Resistant Packaging Requirements; Notice of Clarification, 90280-90281 [2024-26671]

Download as PDF 90280 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices ENVIRONMENTAL PROTECTION AGENCY [FRL OP–OFA–152] Environmental Impact Statements; Notice of Availability khammond on DSKJM1Z7X2PROD with NOTICES Responsible Agency: Office of Federal Activities, General Information 202– 564–5632 or https://www.epa.gov/nepa. Weekly receipt of Environmental Impact Statements (EIS) Filed November 4, 2024 10 a.m. EST Through November 8, 2024 10 a.m. EST Pursuant to 40 CFR 1506.9. Notice Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA’s comment letters on EISs are available at: https:// cdxapps.epa.gov/cdx-enepa-II/public/ action/eis/search. EIS No. 20240203, Draft, FHWA, PA, U.S. 6219, Section 050 Transportation Improvement Project, Comment Period Ends: 01/13/2025, Contact: Benjamin Harvey 717–221–3701. EIS No. 20240204, Final, GSA, WA, Kenneth G. Ward (Lynden) and Sumas Land Ports of Entry Modernization and Expansion Projects Lynden and Sumas, Washington, Review Period Ends: 12/16/2024, Contact: Patrick Manning 253–218–5286. EIS No. 20240205, Draft, BLM, WY, Newcastle and Nebraska Draft Resource Management Plans and Environmental Impact Statement, Comment Period Ends: 02/13/2025, Contact: Kathleen T. Lacko, Project Manager 307–261–7536. EIS No. 20240206, Final, BLM, UT, Greater Sage-grouse Rangewide Planning Proposed Resource Management Plan Amendment and Final Environmental Impact Statement, Review Period Ends: 12/16/2024, Contact: Pat Deibert 720– 447–8107. EIS No. 20240207, Final, USCG, WA, Expansion and Modernization of Base Seattle, Washington, Review Period Ends: 12/16/2024, Contact: Dean Amundson 510–637–5541. EIS No. 20240208, Draft, USFS, OR, Northwest Forest Plan Amendment, Comment Period Ends: 03/17/2025, Contact: Priya Shahani 707–562– 8737. EIS No. 20240209, Final, USAF, MA, Air National Guard F–15EX Eagle II and F–35A Lightning II Beddowns, Review Period Ends: 12/16/2024, Contact: Mr. Devin Scherer 240–612– 8422. VerDate Sep<11>2014 16:11 Nov 14, 2024 Jkt 265001 EIS No. 20240210, Draft, BLM, NV, Purple Sage Energy Center Project, Comment Period Ends: 02/13/2025, Contact: Jessica Headen 702–515– 5206. EIS No. 20240211, Final, BR, CA, LongTerm Operation of the Central Valley Project and State Water Project, Review Period Ends: 12/16/2024, Contact: Tim Warner 916–539–9510. EIS No. 20240212, Final, BLM, AZ, Jove Solar Energy Project, Review Period Ends: 12/16/2024, Contact: Derek Eysenbach 602–417–9505. EIS No. 20240213, Final, BOEM, MA, SouthCoast Wind Project, Review Period Ends: 12/16/2024, Contact: Genevieve Brune 703–787–1553. EIS No. 20240214, Draft Supplement, USFWS, AK, Potential Land Exchange Involving Izembek National Wildlife Refuge Lands, Comment Period Ends: 12/30/2024, Contact: Bobbie Jo Skibo 907–441–1539. EIS No. 20240215, Draft, BOEM, CA, California Offshore Wind, Comment Period Ends: 02/12/2025, Contact: Lisa Gilbane 805–384–6387. Dated: November 8, 2024. Timothy Witman, Acting Director, NEPA Compliance Division, Office of Federal Activities. residential use or reasonably interpreted to permit residential use are subject to the Child Resistant Packaging (CRP) mitigation measures, regardless of acute toxicity requirements, based on the visual similarity of the packaging design to children’s food products. With this document, the Agency is clarifying that the flexible packaging intended to be addressed by the determination is the packaging known as flexible spouted pouches, also known as a spouted pouch, spouted pouch and cap, or fitment pouch. The determination does not apply to non-spouted flexible packaging such as the flexible packaging of household cleaning wipes and pet spot on pipettes or applicators. DATES: If a registrant has a registered pesticide product in flexible packaging that is not compliant with the clarified determination, the registrant must contact the appropriate EPA Product Manager by May 14, 2025. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2023–0607, is available online at https:// www.regulations.gov. Additional information about dockets generally, along with instructions for visiting the docket in-person is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; main telephone number: (202) 566–1030; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2024–26654 Filed 11–14–24; 8:45 am] I. Does this action apply to me? Amended Notice EIS No. 20240169, Draft, GSA, TX, Proposed Modernization of the Bridge of the Americas Land Port of Entry, El Paso, Texas, Comment Period Ends: 12/02/2024, Contact: Karla Carmichael 817–822–1372. Revision to FR Notice Published 09/20/2024; Extending the Comment Period from 11/04/2024 to 12/02/2024. BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2023–0607; FRL–11686–02– OCSPP] Pesticides; Flexible Packaging; Child Resistant Packaging Requirements; Notice of Clarification Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In the Federal Register of February 8, 2024, the Environmental Protection Agency (EPA or Agency) announced it had determined that pesticide products marketed in flexible packaging (e.g., pouches) 20 fluid ounces or less in size with labeling either directly recommending SUMMARY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 You may be affected by this action if you currently market or propose to market a pesticide in flexible spouted packages. 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). If you have questions about the applicability of this determination to you, please consult the person listed under FOR FURTHER INFORMATION CONTACT. E:\FR\FM\15NON1.SGM 15NON1 Federal Register / Vol. 89, No. 221 / Friday, November 15, 2024 / Notices II. What is the Agency’s authority for taking this action? EPA is taking this action pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., as amended by the Pesticide Registration Improvement Act of 2022 (referred to as ‘‘PRIA 5’’), Public Law 117–328, and the packaging requirements for pesticides and devices promulgated in 40 CFR part 157. khammond on DSKJM1Z7X2PROD with NOTICES III. What action is the Agency taking? With this document, the Agency is clarifying the scope of the determination provided in the Federal Register of February 8, 2024 (89 FR 8675) (FRL– 11686–01–OCSPP), which provided EPA’s determination that pursuant to 40 CFR 157.22(a)(6) and (b), pesticide products marketed in flexible packaging (e.g., pouches) 20 fluid ounces or less in size with labeling either directly recommending residential use or reasonably interpreted to permit residential use are subject to Child Resistant Packaging (CRP) mitigation measures, regardless of acute toxicity requirements or labeling indicating the product is considered a Restricted Use Pesticide, based on the visual similarity of the packaging design to children’s food products. EPA has seen an increased interest from pesticide manufacturers in the use of flexible spouted packaging to store and distribute products, especially insecticides and herbicides that residential users can dilute and apply to their lawn and garden. Subsequent to that publication, stakeholders communicated to EPA that the notice created confusion and requested that EPA publish a notice that better defines the scope of the products affected by that determination. With this notice, EPA is providing the clarification requested by stakeholders. Specifically, EPA is clarifying that the determination applies to flexible spouted pouches, also identified as spouted pouches, spouted pouches and cap, or fitment pouches. It does not apply to flexible packaging without a spout, such as the non-spouted flexible packaging of household cleaning wipes or pet spot on pipettes or applicators. Taken together, the determination provided in the Federal Register of February 8, 2024, and this clarification to that determination, further convey to applicants and registrants that CRP is necessary for this packaging type at the size limits specified in the determination, regardless of acute toxicity, when labeled for or reasonably interpreted to permit residential use and will be evaluated in applications for VerDate Sep<11>2014 16:11 Nov 14, 2024 Jkt 265001 new products or for amendment of currently registered products submitted under FIFRA section 33, i.e., PRIA–5. Changes to packaging to implement CRP measures on existing products must be submitted as a PRIA R340/341, A470, or B680/681, not as a fast-track non-PRIA amendment, to allow for CRP data review. This document provides clarification for ‘flexible pouches’ and does not change any of the requirements or recommended mitigations provided in the determination of February 8, 2024. Authority: 7 U.S.C. 136 et seq. Dated: November 4, 2024. Edward Messina, Director, Office of Pesticide Programs. [FR Doc. 2024–26671 Filed 11–14–24; 8:45 am] BILLING CODE 6560–50–P EXPORT-IMPORT BANK 90281 SUPPLEMENTARY INFORMATION: Title and Form Number: EIB 92–41 Application for Financial Institution Short-Term, Single-Buyer Insurance. OMB Number: 3048–0019. Type of Review: Regular. Need and Use: The Application for Financial Institution Short-term SingleBuyer Insurance form will be used by financial institution applicants to provide EXIM with the information necessary to determine if the subject transaction is eligible for EXIM insurance coverage. Affected Public: This form affects entities involved in the export of U.S. goods and services. Annual Number of Respondents: 215. Estimated Time per Respondent: 1.6 hours. Annual Burden Hours: 344. Frequency of Reporting of Use: Annual. Dated: November 12, 2024. Andrew Smith, Records Officer. [Public Notice: 2024–3094] Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Comment Request; EIB 92–41, Application for Financial Institution Short-Term, Single-Buyer Insurance [FR Doc. 2024–26709 Filed 11–14–24; 8:45 am] Export-Import Bank of the United States. ACTION: Submission for OMB review and comments request. Agency Information Collection Activities: Submission to the Office of Management and Budget for Review and Approval; Comment Request; EIB 92–37 Beneficiary Certificate and Agreement for Use With Bank Letter of Credit Short Term Export Credit Insurance Policy, or Financial Institution Buyer Credit Insurance Policy AGENCY: The Export-Import Banks of the United States (EXIM), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. This collection of information is necessary to determine eligibility of the underlying export transaction for EXIM insurance coverage. DATES: Comments must be received on or before December 16, 2024 to be assured of consideration. ADDRESSES: Comments may be submitted electronically on www.regulations.gov (EIB 10–02) or by mail to Office of Information and Regulatory Affairs, 725 17th Street NW, Washington, DC 20038 Attn: OMB 3048–0019. The application tool can be reviewed at: https://img.exim.gov/s3fspublic/pub/pending/FIBC_Application_ eib92-41_2024_FINAL_508.pdf. FOR FURTHER INFORMATION CONTACT: To request additional information, please contact Edward Coppola, edward.coppola@exim.gov, 202–565– 3717. SUMMARY: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 BILLING CODE 6690–01–P EXPORT-IMPORT BANK [Public Notice: 2024–3091] Export-Import Bank of the United States. ACTION: Notice of information collection; request for comment. AGENCY: The Export-Import Bank of the United States (EXIM), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995. DATES: Comments must be received on or before December 16, 2024, to be assured of consideration. ADDRESSES: Comments may be submitted electronically on WWW.REGULATIONS.GOV (EIB 92–37) or by mail to Office of Information and Regulatory Affairs, 725 17th Street NW, Washington, DC 20038 Attn: OMB 3048–0016. FOR FURTHER INFORMATION CONTACT: To request additional information, please SUMMARY: E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Notices]
[Pages 90280-90281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26671]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0607; FRL-11686-02-OCSPP]


Pesticides; Flexible Packaging; Child Resistant Packaging 
Requirements; Notice of Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In the Federal Register of February 8, 2024, the Environmental 
Protection Agency (EPA or Agency) announced it had determined that 
pesticide products marketed in flexible packaging (e.g., pouches) 20 
fluid ounces or less in size with labeling either directly recommending 
residential use or reasonably interpreted to permit residential use are 
subject to the Child Resistant Packaging (CRP) mitigation measures, 
regardless of acute toxicity requirements, based on the visual 
similarity of the packaging design to children's food products. With 
this document, the Agency is clarifying that the flexible packaging 
intended to be addressed by the determination is the packaging known as 
flexible spouted pouches, also known as a spouted pouch, spouted pouch 
and cap, or fitment pouch. The determination does not apply to non-
spouted flexible packaging such as the flexible packaging of household 
cleaning wipes and pet spot on pipettes or applicators.

DATES: If a registrant has a registered pesticide product in flexible 
packaging that is not compliant with the clarified determination, the 
registrant must contact the appropriate EPA Product Manager by May 14, 
2025.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2023-0607, is available online at 
https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket in-person is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (202) 566-1030; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be affected by this action if you currently market or 
propose to market a pesticide in flexible spouted packages. 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).

    If you have questions about the applicability of this determination 
to you, please consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

[[Page 90281]]

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

    EPA is taking this action pursuant to the Federal Insecticide, 
Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., as amended 
by the Pesticide Registration Improvement Act of 2022 (referred to as 
``PRIA 5''), Public Law 117-328, and the packaging requirements for 
pesticides and devices promulgated in 40 CFR part 157.

III. What action is the Agency taking?

    With this document, the Agency is clarifying the scope of the 
determination provided in the Federal Register of February 8, 2024 (89 
FR 8675) (FRL-11686-01-OCSPP), which provided EPA's determination that 
pursuant to 40 CFR 157.22(a)(6) and (b), pesticide products marketed in 
flexible packaging (e.g., pouches) 20 fluid ounces or less in size with 
labeling either directly recommending residential use or reasonably 
interpreted to permit residential use are subject to Child Resistant 
Packaging (CRP) mitigation measures, regardless of acute toxicity 
requirements or labeling indicating the product is considered a 
Restricted Use Pesticide, based on the visual similarity of the 
packaging design to children's food products. EPA has seen an increased 
interest from pesticide manufacturers in the use of flexible spouted 
packaging to store and distribute products, especially insecticides and 
herbicides that residential users can dilute and apply to their lawn 
and garden.
    Subsequent to that publication, stakeholders communicated to EPA 
that the notice created confusion and requested that EPA publish a 
notice that better defines the scope of the products affected by that 
determination. With this notice, EPA is providing the clarification 
requested by stakeholders. Specifically, EPA is clarifying that the 
determination applies to flexible spouted pouches, also identified as 
spouted pouches, spouted pouches and cap, or fitment pouches. It does 
not apply to flexible packaging without a spout, such as the non-
spouted flexible packaging of household cleaning wipes or pet spot on 
pipettes or applicators.
    Taken together, the determination provided in the Federal Register 
of February 8, 2024, and this clarification to that determination, 
further convey to applicants and registrants that CRP is necessary for 
this packaging type at the size limits specified in the determination, 
regardless of acute toxicity, when labeled for or reasonably 
interpreted to permit residential use and will be evaluated in 
applications for new products or for amendment of currently registered 
products submitted under FIFRA section 33, i.e., PRIA-5. Changes to 
packaging to implement CRP measures on existing products must be 
submitted as a PRIA R340/341, A470, or B680/681, not as a fast-track 
non-PRIA amendment, to allow for CRP data review. This document 
provides clarification for `flexible pouches' and does not change any 
of the requirements or recommended mitigations provided in the 
determination of February 8, 2024.
    Authority: 7 U.S.C. 136 et seq.

    Dated: November 4, 2024.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2024-26671 Filed 11-14-24; 8:45 am]
BILLING CODE 6560-50-P


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