[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36800-36801]
[FR Doc No: 2016-13584]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0145]

Safety Zone; Cincinnati Reds Season Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Cincinnati
Reds Season Fireworks on the Ohio River, from mile marker 470.1 and
ending at 470.4, extending 500 feet from the State of Ohio shoreline.
This rule is effective during specific home games during the Major
League Baseball season. Should the Cincinnati Reds make the playoffs
and have additional home games; the Coast Guard will provide
notification of enforcement periods via Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Marine Safety Information Bulletins
as appropriate. This action is needed to protect vessels transiting the
area and event spectators from the hazards associated with the
Cincinnati Reds Barge-based fireworks. During the enforcement period,
entry into or transiting in the safety zone is prohibited to all
vessels not registered with the sponsor as participants or official
patrol vessels.

DATES:  The regulations in 33 CFR 165.801, Table No. 1, Line no. 2 will
be enforced from 9:00 p.m. through 11:30 p.m. on April 6, April 8,
April 22, May 6, May 20, June 3, June 10, June 24, July 15, July 22,
July 31, August 19, September 2, September 16, and September 30, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Caloeb Gandy, Sector Ohio Valley,
U.S. Coast Guard at telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the Cincinnati Reds Season Fireworks listed in 33 CFR 165.801,
Table no. 1, Line no. 2. These regulations can be found in the Code of
Federal Regulations, under 33 CFR 165.801 or in the Federal Register
(77 FR 12460). As specified in Sec.  165.801, during the enforcement
period no vessel may transit this safety zone without approval from the
Captain of the Port Ohio Valley (COTP). If permission is granted, all
persons and vessels shall comply with the instructions of the COTP or
designated representative.

    This notice of enforcement is issued under authority of 33 CFR part
165 and 5 U.S.C. 552(a). In addition to this notice of enforcement in
the Federal Register, the Coast Guard will provide the maritime
community with advanced notification of this enforcement period via
Local Notice to Mariners (LNM) and Broadcast Notice to Mariners (BNM).
If the COTP Ohio Valley determines that the regulated area need not be
enforced for the full duration, a BNM to grant general permission to
enter the safety zone may be used.

    Dated: March 24, 2016.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-13584 Filed 6-7-16; 8:45 am]
 BILLING CODE 9110-04-P


Comment Info: =================

General Comment:I was a 2 pack a day smoker before I found electronic cigarettes. In the past year I went from a person that was heavily dependent on nicotine to only using low nicotine MG e-juice. I don't think that FDA regulating electronic cigarettes is going to help, but rather hinder something that has helped so many people quit smoking cigarettes. Regulating the sales and distribution will also have a negative effect on the economy as the electronic cigarette industry has created jobs and flourishing business for so many in a time that the economy is spotty at best. Please rethink the regulations of electronic cigarettes. A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Pages 7531-7534]
[FR Doc No: 2012-3245]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0100; FRL-9495-9]

Disapproval and Promulgation of Air Quality Implementation Plans;
Montana; Revisions to the Administrative Rules of Montana--Air Quality,
Subchapter 7, Exclusion for De Minimis Changes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to partially approve and partially
disapprove State Implementation Plan (SIP) revisions and new rules as
submitted by the State of Montana on June 25, 2010 and May 28, 2003.
The revisions contain new rules in Subchapter 7 (Permit, Construction,
and Operation of Air Contaminant Sources) that pertain to the issuance
of Montana air quality permits, in addition to other minor
administrative changes to other subchapters of the Administrative Rules
of Montana (ARM). In this action, EPA is approving those portions of
the rules that are approvable and disapproving those portions of the
rules that are inconsistent with the Clean Air Act (CAA). This action
is being taken under section 110 of the CAA.

DATES: Effective Date: This final rule is effective March 14, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-0100. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Program,
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129. EPA requests you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the hard
copy of the docket. You may view the hard copy of the docket Monday
through Friday, 8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kevin Leone, Air Program, Mailcode 8P-
AR, Environmental Protection Agency, Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129,<PHONE_NUMBER>, or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Montana mean the State of Montana, unless
the context indicates otherwise.

Table of Contents

I. What action is EPA taking?
    A. Summary of Final Action
    B. Other Relevant Actions Related to the Montana SIP Revision
Submittals
II. What is the background?
    A. Brief Discussion of Statutory and Regulatory Requirements
    B. Summary of the Submittals Addressed in This Final Action
III. Response to Comments
IV. What are the grounds for this approval action?
V. What are the grounds for this disapproval action?
VI. Final Action
VII. Statutory and Executive Order Reviews

I. What action is EPA taking?

A. Summary of Final Action

    EPA is taking final action to approve new rule ARM 17.8.745 as
submitted by the State of Montana on June 25, 2010. Montana adopted
this rule on May 14, 2010 and it became State effective on May 28,
2010. We are also taking final action to approve all references to ARM
17.8.745, submitted by Montana on May 28, 2003. Specifically, the
following phrases in 17.8.740(8)(a) and (c), respectively, (1) ``except
when a permit is not required under ARM 17.8.745'' and (2) ``except as
provided in ARM 17.8.745,'' the phrase ``and 17.8.745'' in ARM
17.8.743(1) and the phrase ``the emission increase meets the criteria
in ARM 17.8.745 for a de minimis change not requiring a permit in ARM
17.8.864(1)(b). These references were adopted on December 6, 2002, and
became State effective on December 27, 2002. EPA is also taking final
action to disapprove the phrase ``asphalt concrete plants, mineral
crushers'' in new rule ARM 17.8.743(1)(b) as submitted by the State of
Montana on May 28, 2003. This rule was adopted on December 6, 2002, and
became State effective on December 27, 2002.
    ARM 17.8.745, as submitted by the State of Montana on June 25,
2010, and all references to ARM 17.8.745, as submitted by the State of
Montana on May 28, 2003, meet the requirements of the Act and EPA's
minor New Source Review (NSR) regulations. ARM 17.8.743(1)(b), as
submitted by the State of Montana on May 28, 2003, does not meet the
requirements of the Act and EPA's minor NSR regulations.
    EPA proposed an action for the above SIP revision submittals on
September 26, 2011 (76 FR 59338). We accepted comments from the public
on this proposal from September 27, 2011, until October 26, 2011. A
summary of the comments received and our evaluation thereof is
discussed in section III below. In the proposed rule, we described our
basis for the actions identified above. The reader should refer to the
proposed rule, and sections III and IV of this preamble, for additional
information regarding this final action.
    EPA reviews a SIP revision submission for its compliance with the
Act and EPA regulations. CAA 110(k)(3). We evaluated the submitted
Program based upon the regulations and associated record that have been
submitted and are currently before EPA. In order for EPA to ensure that
Montana has a Program that meets the requirements of the CAA, the State
must demonstrate the Program is as stringent as the Act and the
implementing regulations discussed in this notice. For example, EPA
must have sufficient information to make a finding that the new Program
will ensure protection of the NAAQS, and noninterference with the
Montana SIP control strategies, as required by section 110(l) of the
Act.
    The provisions in these submittals were not submitted to meet a
mandatory

requirement of the Act. Therefore, the final action to disapprove these
submittals does not trigger a sanctions or Federal Implementation Plan
clock. See CAA section 179(a).

B. Other Relevant Actions Related to the Montana SIP Revision
Submittals

    The Amended Consent Decree in WildEarth Guardians v. EPA, Case No.
09-cv-02148 (D. Col.), as amended, currently provides that EPA will
take final action on the State's SIP revision submittals by October 31,
2011. See Stipulation to Extend the Deadline for EPA's Final Action of
Item Number 11 on Exhibit A to the Consent Decree, filed with the Court
on March 30, 2011 (Doc. 33).

II. What is the background?

A. Brief Discussion of Statutory and Regulatory Requirements

    The CAA (section 110(a)(2)(C)) and 40 CFR 51.160 requires states to
have legally enforceable procedures to prevent construction or
modification of a source if it would violate any SIP control strategies
or interfere with attainment or maintenance of the National Ambient Air
Quality Standards (NAAQS). Such minor NSR programs are for pollutants
from stationary sources that do not require Prevention of Significant
Deterioration (PSD) or nonattainment NSR permits. States may customize
the requirements of the minor NSR program as long as their program
meets minimum requirements.
    Section 110(l) of the CAA states: ``[e]ach revision to an
implementation plan submitted by a State under this Act shall be
adopted by such State after reasonable notice and public hearing. The
Administrator shall not approve a revision to a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in section 171), or any
other applicable requirement of this chapter.''
    The States' obligation to comply with each of the NAAQS is
considered as ``any applicable requirement(s) concerning attainment.''
A demonstration is necessary to show that this SIP revision will not
interfere with attainment or maintenance of the NAAQS, including those
for ozone, particulate matter, carbon monoxide (CO), sulfur dioxide
(SO2), lead, nitrogen oxides (NOX) or any other
requirement of the Act. Montana's demonstration of noninterference (see
docket), as submitted to EPA on June 25, 2010, and our Technical
Support Document (see docket) provide sufficient basis that new section
ARM 17.8.745 submitted by Montana on June 25, 2010, will not interfere
with attainment, reasonable further progress (RFP), or any other
applicable requirement of the CAA. Further details are provided in
sections IV and V of this action.

B. Summary of the Submittals Addressed in This Final Action

    The State's May 28, 2003 submittal included ARM 17.8.743, which was
a new rule. ARM 17.8.743(1) describes those sources that are required
to obtain a Montana air quality permit. ARM 17.8.743(1) provides that
any new or modified facility or emitting unit that has the potential to
emit more than 25 tons per year of any airborne pollutant, except
lead,\1\ must obtain a Montana air quality permit except as provided in
ARM 17.8.744 and ARM 17.8.745 before constructing, installing,
modifying or operating. ARM 17.8.431(1)(b) also requires asphalt
concrete plants, mineral crushers, and mineral screens that have the
potential to emit more than 15 tons per year of any airborne pollutant,
other than lead, to obtain a Montana air quality permit.
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    \1\ Facilities or emitting units that emit airborne lead must
obtain a Montana air quality permit if they are new and emit greater
than five tons per year of airborne lead, or if they are an existing
facility or emitting unit and a modification results in an increase
of airborne lead by an amount greater than 0.6 tons per year.
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    This notice contains EPA's final action on Montana rules relating
to the permitting threshold for asphalt concrete plants and mineral
crushers in ARM 17.8.743(1)(b). In our July 8, 2011 rulemaking, EPA
approved of all of new section ARM 17.8.743(1), except for the phrase
``asphalt concrete plants and mineral crushers'' where the de minimis
permitting threshold for those sources was changed from five tons per
year to 15 tons per year. During the State's rulemaking process we
expressed concerns with the new permit threshold for asphalt concrete
plants and mineral crushers. (See October 9, 2002, letter from EPA to
the State of Montana in the docket.) Since for asphalt concrete plants
and mineral crushers this revision (ARM 17.8.743(1)(b)) reduces the
stringency of the current SIP approved regulations, which has a
threshold of five tons, we stated that Montana must provide an analysis
showing that this new rule will not interfere with compliance with the
NAAQS or PSD increments. Section 110(l) of the CAA states that EPA
cannot approve a SIP revision that would interfere with any applicable
requirement concerning attainment or RFP, as defined in Section 171 of
the CAA, or any other applicable requirement of the CAA. Montana did
not provide any analysis or demonstration that the increased permit
threshold, from five tons per year to 15 tons per year, for asphalt
concrete plants and mineral crushers meets these criteria. At the
request of the State, we took no action on the phrase ``asphalt
concrete plants, mineral crushers'' in ARM 17.8.743(1)(b) in 76 FR
40237. EPA is taking final action to disapprove the May 28, 2003, SIP
revision request for 17.8.743(1)(b) in this action. If the State
submits a new SIP with the appropriate 110(l) analysis, we would
evaluate such a new SIP and analysis.
    The State's June 25, 2010 submittal included new rule ARM 17.8.745.
This revision request for ARM 17.8.745, which supercedes the State's
May 28, 2003 submittal for ARM 17.8.745, creates an exemption from the
requirement to obtain an air quality permit or permit modification for
certain changes at a permitted facility that did not increase the
facility's potential emissions of an air pollutant by more than five
tons per year, when conditions specified in the rule were met.
    During the State's 1996 and 1999 rulemaking process we expressed
concerns with the de minimis level specified in the earlier versions of
the regulation we are proposing action on today (see letters from EPA
to the State of Montana dated July 25, 1996, April 1, 1999 and October
9, 2002 in the docket.) ARM 17.8.745 created an exemption from the
requirement to obtain an air quality permit or permit modification for
certain changes at a permitted facility that did not increase the
facility's potential emissions of an air pollutant by more than 15 tons
per year, when conditions specified in the rule were met. Since this
new rule reduced the stringency of the current SIP approved
regulations, EPA indicated that the State must provide an analysis
showing that the new rule will not interfere with compliance with the
NAAQS or PSD increments. Section 110(l) of the CAA states that EPA
cannot approve a SIP revision that would interfere with any applicable
requirement concerning attainment or RFP, as defined in section 171 of
the CAA, or any other applicable requirement of the CAA. Montana's May
28, 2003 submittal did not provide any analysis or demonstration that
the new rule (ARM 17.8.745) meets these requirements. In EPA's final
July 8, 2011 rulemaking (76 FR 40237), which approved revisions to ARM
17.8.7, no action was taken on Montana's de minimis provision in ARM
17.8.745.

Since EPA took no action on ARM 17.8.745 in our 76 FR 40237 notice, we
took no action on all references to ARM 17.8.745 in ARM 17.8.7.

III. Response to Comments

    EPA did not receive comments on our September 26, 2011 Federal
Register proposed action regarding the partial approval and partial
disapproval of Montana's SIP revisions to ARM 17.8.745 as submitted by
the State of Montana on June 25, 2010, all references to ARM 17.8.745
as submitted by the State of Montana on May 28, 2003 and ARM
17.8.743(1)(B) as submitted by the State of Montana on May 28, 2003.

IV. What are the grounds for this approval action?

    We evaluated ARM 17.8.745 using the following: (1) The statutory
requirements under CAA section 110(a)(2)(c), which requires states to
include a minor New Source Review (NSR) program in their SIP to
regulate modifications and new construction of stationary sources
within the area as necessary to assure the NAAQS are achieved; (2) the
regulatory requirements under 40 CFR 51.160, including section
51.160(b), which requires states to have legally enforceable procedures
to prevent construction or modification of a source if it would violate
any SIP control strategies or interfere with attainment or maintenance
of the NAAQS; and (3) the statutory requirements under CAA section
110(l), which provides that EPA cannot approve a SIP revision if the
revision would interfere with any applicable requirement concerning
attainment and RFP, or any other applicable requirement of the CAA.
Therefore, EPA will approve a SIP revision only after a state has
demonstrated that such a revision will not interfere
(``noninterference'') with attainment of the NAAQS, Rate of Progress
(ROP), RFP or any other applicable requirement of the CAA.
    EPA retains the discretion to adopt approaches on a case-by-case
basis to determine what the appropriate demonstration of
noninterference with attainment of the NAAQS, rate of progress, RFP or
any other applicable requirement of the CAA should entail. In this
instance, EPA asked the State to submit an analysis showing that the
approval of new section ARM 17.8.745 would not violate section 110(l)
of the CAA (see docket number EPA-R08-OAR-2011-0100); this is also
referred to as a ``demonstration of noninterference'' with attainment
and maintenance under CAA section 110(l). In addition to the State's
demonstration submitted on June 25, 2010, EPA conducted its own
analysis utilizing SIP-approved attainment plans, past rulemakings,
stipulations, consent decrees, air modeling data and air monitoring
data. In EPA's proposed notice (76 FR 59338), we considered the State's
demonstration of noninterference, our own analysis, the nature of the
permitting requirement, its potential impact on the air quality in the
area and the air quality of the area in which the permitting
requirements apply. We analyzed this information pollutant by pollutant
in order to make a determination that new rule 17.8.745 is consistent
with CAA requirements; in particular, it's impact on compliance with
NAAQS standards. The scope and rigor of the demonstration of
noninterference conducted in this notice is appropriate given the air
quality status of the State, and the potential impact of the revision
on air quality and the pollutants affected.
    The State's technical support document (TSD) (see docket) contains
the State's regulatory history of the de minimis rule, effects of the
de minimis rule on attainment and reasonable further progress of the
NAAQS and assesses air quality trends, current air quality conditions
and future projected air quality conditions. The demonstration analyses
the effects of the new rule pollutant by pollutant in past and current
nonattainment areas utilizing monitoring data, maintenance plans,
modeling data, emission inventories, federal implementation plan
requirements and past and future projected permits.

V. What are the grounds for this disapproval action?

    EPA is disapproving the phrase ``asphalt concrete plants and
mineral crushers'' in ARM 17.8.743(1)(b) submitted by the State of
Montana on May 28, 2003. Section 110(a)(2)(C) of the Act requires that
each implementation plan include a program to regulate the construction
and modification of stationary sources, including a permit program as
required by parts C and D of title I of the Act, as necessary to assure
that the NAAQS are achieved. Parts C and D, which pertain to PSD and
nonattainment, respectively, address major NSR programs for stationary
sources, and the permitting program for ``nonmajor'' (or ``minor'')
stationary sources is addressed by section 110(a)(2)(C) of the Act. We
generally refer to the latter program as the ``minor NSR'' program. A
minor stationary source is a source whose ``potential to emit'' is
lower than the major source applicability threshold for a particular
pollutant defined in the applicable major NSR program.
    Therefore, we evaluated the submitted revisions and new rules using
the federal regulations under CAA section 110(a)(2)(C), which require
each state to include a minor NSR program in its SIP.
    In addition, we reviewed the State's regulations for compliance
with the Act. Generally, SIPs must be enforceable (see section 110(a)
of the Act) and must not relax existing SIP requirements (see section
110(l) and 193 of the Act).
    EPA is disapproving the revision to ARM 17.8.743(1)(b), which
contains a modification size cutoff (15 tons per year) that the State
proposes as de minimis for asphalt concrete plants and mineral
crushers. Fifteen tons per year represents the major modification
significance level for one criteria pollutant (PM10) and
exceeds the significance level for another criteria pollutant
(PM2.5) as well as for several non-criteria pollutants. It
also exceeds the major source threshold for hazardous air pollutants
(HAPs). Because of these reasons, EPA determines that the revision to
ARM 17.8.743(1)(b) is not de minimis in the sense of having a trivial
environmental effect. EPA has agreed in several rulemaking actions that
certain activities with emissions of five tons per year or less may be
considered ``insignificant.'' However, EPA never before denoted
emissions increases as high as 15 tons per year as de minimis. Since
the State did not provide an analysis as to why emission increases as
high as 15 tons per year should be considered as having a trivial
environmental effect, EPA finds no basis for approving this revision.
Therefore, EPA lacks sufficient available information to determine that
the requested revision to increase the de minimis permitting threshold
for asphalt concrete plants and mineral crushers from five tons per
year to 15 tons per year would not interfere with attainment and RFP of
the NAAQS as required by CAA Section 110(l), or any other requirement
of the Act.

VI. Final Action

    Based on the above discussion, EPA finds that the addition of new
rule ARM 17.8.745 would not interfere with attainment or maintenance of
any of the NAAQS in the State of Montana and would not interfere with
any other applicable requirement of the Act (see proposed notice for
this action and TSD for basis); and thus, are approvable under CAA
section 110(l). Therefore, we are taking final action to approve ARM
17.8.745 as submitted on June 25, 2010 by the State of Montana.

    We are approving new section ARM 17.8.745; and thus, we are also
approving all references to ARM 17.8.745. This includes: The phrases in
17.8.740(8)(a) and (c), respectively, (1) ``except when a permit is not
required under ARM 17.8.745'' and (2) ``except as provided in ARM
17.8.745'' and the phrase ``and 17.8.745'' in 17.8.743(1), submitted on
May 28, 2003; and the phrase ``the emission increase meets the criteria
in ARM 17.8.745 for a de minimis change not requiring a permit'' in
17.8.764(1)(b) and (4), submitted on May 28, 2003.
    Based on the above discussion, EPA is finds no basis to determine
that the addition of new rule ARM 17.8.743(1)(b) would not interfere
with attainment or maintenance of any of the NAAQS in the State of
Montana and would not interfere with any other applicable requirement
of the Act; and thus, is not approvable under CAA section 110(l).
Therefore, we are taking final action to disapprove the phrase
``asphalt concrete plants and mineral crushers'' in ARM 17.8.743(1)(b)
submitted on May 28, 2003.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this final action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 13, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

     Dated: October 28, 2011.
James B. Martin,
Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart BB--Montana

0
2. Section 52.1370 is amended by adding paragraph (c)(72) to read as
follows:

Sec.  52.1370  Identification of plan.

* * * * *
    (c) * * *
    (72) On May 28, 2003 the State of Montana submitted revisions to
the Administrative Rules of Montana (ARM), 17.8.740, Definitions;
17.8.743, Montana Air Quality Permits--When Required; and 17.8.764,
Administrative Amendment to Permit. On June 25, 2010, the State of
Montana submitted revisions to the ARM, 17.8.745, Montana Air Quality
Permits--Exclusion for De Minimis Changes.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana, 17.8.740, Definitions;
17.8.743, Montana Air Quality Permits--When Required, except for the
phrase in 17.8.743(1)(b), ``asphalt concrete plants, mineral crushers,
and''; and 17.8.764, Administrative Amendment to Permit, effective 12/
27/2002.
    (B) Administrative Rules of Montana, 17.8.745, Montana Air Quality
Permits--Exclusion for De Minimis Changes, effective 5/28/2010.

[FR Doc. 2012-3245 Filed 2-10-12; 8:45 am]
BILLING CODE P


[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)]
[Notices]
[Pages 19217-19220]
[FR Doc No: 2016-07505]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-B-1606]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The flood hazard
determination information may be changed during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online

location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 20, 2016.
Roy E. Wright,
Deputy Associate Administrator for Insurance and Mitigation, Department
of Homeland Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and case       officer of         Community map        letter of map        Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Idaho:
    Ada.........................  Unincorporated       The Honorable Dave  County Courthouse,  http://                Apr. 15, 2016........       160001
                                   areas of Ada         Case, District      200 West Front      www.msc.fema.gov/
                                   County (16-10-       Commissioner, Ada   Street, 3rd         lomc.
                                   0201X).              County, 200 West    Floor, Boise, ID
                                                        Front Street, 3rd   83702.
                                                        Floor, Boise, ID
                                                        83702.
    Valley......................  City of Donnelly     The Honorable       City Hall, 169      http://                Apr. 22, 2016........       160121
                                   (16-10-0166P).       Bradley Backus,     Halferty Street,    www.msc.fema.gov/
                                                        Mayor, City of      Donnelly, ID        lomc.
                                                        Donnelly, 169       83615.
                                                        Halferty Street,
                                                        Donnelly, ID
                                                        83615.
    Valley......................  Unincorporated       The Honorable       Valley County       http://                Apr. 22, 2016........       160220
                                   areas of Valley      Gordon              Planning and        www.msc.fema.gov/
                                   County (16-10-       Cruickshank,        Zoning              lomc.
                                   0166P).              Chairman, Valley    Department, 219
                                                        County Board of     North Main
                                                        Commissioners,      Street, Cascade,
                                                        219 North Main      ID 83611.
                                                        Street, Cascade,
                                                        ID 83611.
Illinois:
    Sangamon....................  City of Springfield  The Honorable       Public Works        http://                May 5, 2016..........       170604
                                   (15-05-8063X).       James O.            Department, 300     www.msc.fema.gov/
                                                        Langfelder,         South 7th Street,   lomc.
                                                        Mayor, City of      Room 203,
                                                        Springfield, 800    Springfield, IL
                                                        East Monroe         62701.
                                                        Street,
                                                        Springfield, IL
                                                        62701.
    Sangamon....................  Unincorporated       The Honorable Andy  Springfield--Sanga  http://                May 5, 2016..........       170912
                                   areas of Sangamon    Van Meter,          mon County,         www.msc.fema.gov/
                                   County (15-05-       Sangamon County     Regional Planning   lomc.
                                   8063X).              Chairman, 200       Commission, 200
                                                        South 9th Street,   South 9th Street,
                                                        Room 201,           Room 212,
                                                        Springfield, IL     Springfield, IL
                                                        62701.              62701.
Indiana:
    Decatur.....................  City of Greensburg   The Honorable Gary  City Hall, 314      http://                Apr. 27, 2016........       180043
                                   (15-05-5745P).       L. Herbert,         West Washington     www.msc.fema.gov/
                                                        Mayor, City of      Street,             lomc.
                                                        Greensburg, 314     Greensburg, IN
                                                        West Washington     47240.
                                                        Street,
                                                        Greensburg, IN
                                                        47240.
    Decatur.....................  Unincorporated       Mr. Rick J. Nobbe,  Decatur County      http://                Apr. 27, 2016........       180430
                                   areas of Decatur     Chairman, Decatur   Planning and        www.msc.fema.gov/
                                   County (15-05-       County Board of     Zoning              lomc.
                                   5745P).              Commissioners,      Department,
                                                        150 Courthouse      Decatur County
                                                        Square, Suite       Courthouse, 150
                                                        133, Greensburg,    Courthouse
                                                        IN 47240.           Square, Suite
                                                                            117, Greensburg,
                                                                            IN 47240.
Kansas:
    Sedgwick....................  City of Wichita (15- The Honorable Carl  Office of           http://                Apr. 26, 2016........       200328
                                   07-0922P).           Brewer, Mayor,      Stormwater          www.msc.fema.gov/
                                                        City of Wichita,    Management, 455     lomc.
                                                        City Hall, 455      North Main
                                                        North Main          Street, 8th
                                                        Street, 1st         Floor, Wichita,
                                                        Floor, Wichita,     KS 67202.
                                                        KS 67202.
    Sedgwick....................  Unincorporated       The Honorable       Sedgwick County     http://                Apr. 26, 2016........       200321
                                   areas of Sedgwick    Richard Ranzau,     Code Enforcement    www.msc.fema.gov/
                                   County (15-07-       Chairman,           Office, 144 South   lomc.
                                   0922P).              Sedgwick County     Seneca Street,
                                                        Commission, 525     Wichita, KS 67213.
                                                        North Main
                                                        Street, No. 320,
                                                        Wichita, KS 67203.
Massachusetts:

    Middlesex...................  City of Cambridge    The Honorable       City Hall, 495      http://                Apr. 8, 2016.........       250186
                                   (15-01-2142P).       David P. Maher,     Massachusetts       www.msc.fema.gov/
                                                        Mayor, City of      Avenue,             lomc.
                                                        Cambridge, 495      Cambridge, MA
                                                        Massachusetts       02139.
                                                        Avenue,
                                                        Cambridge, MA
                                                        02139.
    Middlesex...................  Town of Arlington    Mr. Kevin F.        Planning and        http://                Apr. 8, 2016.........       250177
                                   (15-01-2142P).       Greeley,            Community           www.msc.fema.gov/
                                                        Chairman, Town of   Development         lomc.
                                                        Arlington, Board    Department, 730
                                                        of Selectmen, 730   Massachusetts
                                                        Massachusetts       Avenue Annex,
                                                        Avenue,             Arlington, MA
                                                        Arlington, MA       02476.
                                                        02476.
    Middlesex...................  Town of Belmont (15- Mr. Sami S.         Public Works        http://                Apr. 8, 2016.........       250182
                                   01-2142P).           Baghdady,           Department, 455     www.msc.fema.gov/
                                                        Chairman, Town of   Concord Avenue,     lomc.
                                                        Belmont Board of    Belmont, MA 02478.
                                                        Selectmen, 455
                                                        Concord Avenue,
                                                        Belmont, MA 02478.
Michigan:
    Macomb......................  Charter Township of  Mr. Dan O'Leary,    Planning and        http://                Mar. 18, 2016........       260447
                                   Washington (15-05-   Township            Zoning              www.msc.fema.gov/
                                   6512P).              Supervisor,         Department, 57900   lomc.
                                                        Charter Township    Van Dyke Road,
                                                        of Washington,      Washington, MI
                                                        57900 Van Dyke      48094.
                                                        Road, Washington,
                                                        MI 48094.
    Macomb......................  Township of Macomb   Ms. Janet Dunn,     Planning and        http://                Apr. 19, 2016........       260445
                                   (16-05-0488P).       Supervisor,         Zoning              www.msc.fema.gov/
                                                        Township of         Department, 54111   lomc.
                                                        Macomb, 54111       Broughton Road,
                                                        Broughton Road,     Macomb, MI 48042.
                                                        Macomb, MI 48042.
Minnesota: Cottonwood             City of Windom (15-  The Honorable       City Hall, 444 9th  http://                Mar. 17, 2016........       270090
                                   05-5228P).           Corey Maricle,      Street, Windom,     www.msc.fema.gov/
                                                        Mayor, City of      MN 56101.           lomc.
                                                        Windom, 444 9th
                                                        Street, P.O. Box
                                                        38, Windom, MN
                                                        56101.
New York: Monroe                  Town of Henrietta    The Honorable Jack  Town Hall, 475      http://                Apr. 5, 2016.........       360419
                                   (15-02-1216P).       W. Moore,           Calkins Road,       www.msc.fema.gov/
                                                        Supervisor, Town    Henrietta, NY       lomc.
                                                        of Henrietta, 475   14467.
                                                        Calkins Road,
                                                        Henrietta, NY
                                                        14467.
Pennsylvania:
    Monroe......................  Borough of East      The Honorable       Borough Hall, 24    http://                Apr. 26, 2016........       420691
                                   Stroudsburg (15-03-  Armand M.           Analomink Street,   www.msc.fema.gov/
                                   2847P).              Martinelli,         East Stroudsburg,   lomc.
                                                        Mayor, Borough of   PA 18301.
                                                        East Stroudsburg,
                                                        24 Analomink
                                                        Street, P.O. Box
                                                        303, East
                                                        Stroudsburg, PA
                                                        18301.
    Monroe......................  Borough of           Ms. Kim M. Diddio,  Stroudsburg         http://                Apr. 26, 2016........       420694
                                   Stroudsburg (15-03-  President,          Municipal           www.msc.fema.gov/
                                   2847P).              Borough of          Building, 700       lomc.
                                                        Stroudsburg         Sarah Street,
                                                        Council, 700        Stroudsburg, PA
                                                        Sarah Street,       18360.
                                                        Stroudsburg, PA
                                                        18360.
    Monroe......................  Township of Stroud   Mr. Edward C.       Stroud Township     http://                Apr. 26, 2016........       420693
                                   (15-03-2847P).       Cramer, Chairman,   Municipal           www.msc.fema.gov/
                                                        Township of         Building, 1211      lomc.
                                                        Stroud Board of     North 5th Street,
                                                        Supervisors, 1211   Stroudsburg, PA
                                                        North 5th Street,   18360.
                                                        Stroudsburg,
                                                        PA18360.
South Carolina: Greenville        City of Greenville   The Honorable Knox  City Hall, 206      http://                Apr. 25, 2016........       450091
                                   (15-04-4735P).       White, Mayor,       South Main          www.msc.fema.gov/
                                                        City of             Street,             lomc.
                                                        Greenville, 206     Greenville, SC
                                                        South Main          29601.
                                                        Street, P.O. Box
                                                        2207, Greenville,
                                                        SC 29601.
Texas:
    Collin......................  City of Dallas (15-  The Honorable       City Hall, 320      http://                Apr. 15, 2016........       480171
                                   06-3975P).           Michael S.          East Jefferson      www.msc.fema.gov/
                                                        Rawlings, Mayor,    Boulevard, Room     lomc.
                                                        City of Dallas,     321, Dallas, TX
                                                        1500 Marilla        75203.
                                                        Street, Room 5EN,
                                                        Dallas, TX 75201.
    Tarrant.....................  City of Fort Worth   The Honorable       City Hall, 1000     http://                Apr. 13, 2016........       480596
                                   (15-06-2415P).       Betsy Price,        Throckmorton        www.msc.fema.gov/
                                                        Mayor, City of      Street, Fort        lomc.
                                                        Fort Worth, 1000    Worth, TX 76102.
                                                        Throckmorton
                                                        Street, Fort
                                                        Worth, TX 76102.
Virginia: Pittsylvania            City of Danville     The Honorable       City Hall, 427      http://                Mar. 25, 2016........       510044
                                   (15-03-1839P).       Sherman Saunders,   Patton Street,      www.msc.fema.gov/
                                                        Mayor, City of      Danville, VA        lomc.
                                                        Danville, 115       24541.
                                                        Druid Lane,
                                                        Danville, VA
                                                        24541.
Washington:

    King........................  City of Bellevue     Mr. Brad Miyake,    City Hall, 450      http://                Mar. 15, 2016........       530074
                                   (15-10-0979P).       City Manager,       110th Avenue        www.msc.fema.gov/
                                                        City of Bellevue,   Northeast,          lomc.
                                                        450 110th Avenue    Bellevue, WA
                                                        Northeast,          98009.
                                                        Bellevue, WA
                                                        98009.
    Spokane.....................  City of Spokane      The Honorable       City Hall, 11707    http://                Mar. 18, 2016........       530342
                                   Valley (15-10-       David A. Condon,    East Sprague        www.msc.fema.gov/
                                   1394P).              Mayor, City of      Avenue, Suite       lomc.
                                                        Spokane Valley,     106, Spokane
                                                        808 West Spokane    Valley, WA 99203.
                                                        Falls Boulevard,
                                                        Spokane Valley,
                                                        WA 99201.
Wisconsin: St. Croix              Unincorporated       The Honorable       St. Croix County,   http://                Apr. 1, 2016.........       555578
                                   areas of St. Croix   Roger Larson,       County Office       www.msc.fema.gov/
                                   County (15-05-       Chairman, St.       Building, 1101      lomc.
                                   3808P).              Croix County        Carmichael Road,
                                                        Board of            Hudson, WI 54016.
                                                        Supervisors, 1101
                                                        Carmichael Road,
                                                        Hudson, WI 54016.
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[FR Doc. 2016-07505 Filed 4-1-16; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 79, Number 216 (Friday, November 7, 2014)]
[Rules and Regulations]
[Pages 66305-66308]
[FR Doc No: 2014-26529]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0418; FRL-9918-28]

2-Propenoic Acid, 2-Methyl-, Phenylmethyl Ester, Polymer With 2-
Propenoic Acid, Peroxydisulfuric Acid ([(HO)S(O)2]2O2) Sodium Salt
(1:2)-Initiated, Compounds With Diethanolamine; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-propenoic acid, 2-methyl-,
phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric
acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine, with a minimum number average molecular weight of 2,000
amu; when used as an inert ingredient in a pesticide formulation. Akzo
Nobel Surface Chemistry, LLC submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of 2-
propenoic acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic
acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-
initiated, compounds with diethanolamine on food or feed commodities.

DATES: This regulation is effective November 7, 2014. Objections and
requests for hearings must be received on or before January 6, 2015,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2014-0481, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public 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<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    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).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. Can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2014-0481 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
January 6, 2015. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2014-0481, by one of
the following methods.
     Federal eRulemaking Portal: http://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.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background and Statutory Findings

    In the Federal Register of September 5, 2014 (79 FR 53009) (FRL-
9914-98), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-
10705) filed by Akzo Nobel Surface Chemistry, LLC, 525 West Van Buren
Street, Chicago, IL 60607-3823. The petition requested that 40 CFR
180.960 be amended by establishing an exemption from the requirement of
a tolerance for residues of 2-propenoic acid, 2-methyl-, phenylmethyl
ester, polymer with 2-propenoic acid, peroxydisulfuric acid
([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine; CAS Reg. No. 1574486-33-1. That document included a
summary of the petition prepared by the petitioner and solicited
comments on the petitioner's request. The Agency received five
comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical

residue in or on a food) only if EPA determines that the exemption is
``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines ``safe'' to mean
that ``there is a reasonable certainty that no harm will result from
aggregate exposure to the pesticide chemical residue, including all
anticipated dietary exposures and all other exposures for which there
is reliable information.'' This includes exposure through drinking
water and use in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption from the
requirement of a tolerance and to ``ensure that there is a reasonable
certainty that no harm will result to infants and children from
aggregate exposure to the pesticide chemical residue . . .'' and
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be shown that the risks from aggregate
exposure to pesticide chemical residues under reasonably foreseeable
circumstances will pose no appreciable risks to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients, the Agency considers the toxicity of the inert in
conjunction with possible exposure to residues of the inert ingredient
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings. If EPA is able to
determine that a finite tolerance is not necessary to ensure that there
is a reasonable certainty that no harm will result from aggregate
exposure to the inert ingredient, an exemption from the requirement of
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. In the case of certain chemical substances that
are defined as polymers, the Agency has established a set of criteria
to identify categories of polymers expected to present minimal or no
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the
exclusion criteria for identifying these low-risk polymers are
described in 40 CFR 723.250(d). 2-propenoic acid, 2-methyl-,
phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric
acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine conforms to the definition of a polymer given in 40 CFR
723.250(b) and meets the following criteria that are used to identify
low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
    2. The polymer does contain as an integral part of its composition
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen,
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
    Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
    7. The polymer does not contain certain perfluoroalkyl moieties
consisting of a CF3- or longer chain length as listed in 40 CFR
723.250(d)(6).
    Additionally, the polymer also meets as required the following
exemption criteria: specified in 40 CFR 723.250(e):
    8. The polymer's number average MW of 2,000 is greater than 1,000
and less than 10,000 daltons. The polymer contains less than 10%
oligomeric material below MW 500 and less than 25% oligomeric material
below MW 1,000, and the polymer does not contain any reactive
functional groups.
    Thus, 2-propenoic acid, 2-methyl-, phenylmethyl ester, polymer with
2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt
(1:2)-initiated, compounds with diethanolamine meets the criteria for a
polymer to be considered low risk under 40 CFR 723.250. Based on its
conformance to the criteria in this unit, no mammalian toxicity is
anticipated from dietary, inhalation, or dermal exposure to 2-propenoic
acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid,
peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
compounds with diethanolamine.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this
exemption, EPA considered that 2-propenoic acid, 2-methyl-,
phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric
acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine could be present in all raw and processed agricultural
commodities and drinking water, and that non-occupational non-dietary
exposure was possible. The number average MW of 2-propenoic acid, 2-
methyl-, phenylmethyl ester, polymer with 2-propenoic acid,
peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
compounds with diethanolamine is 2,000 daltons. Generally, a polymer of
this size would be poorly absorbed through the intact gastrointestinal
tract or through intact human skin. Since 2-propenoic acid, 2-methyl-,
phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric
acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine conform to the criteria that identify a low-risk
polymer, there are no concerns for risks associated with any potential
exposure scenarios that are reasonably foreseeable. The Agency has
determined that a tolerance is not necessary to protect the public
health.

V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity

    Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
    EPA has not found 2-propenoic acid, 2-methyl-, phenylmethyl ester,
polymer with 2-propenoic acid, peroxydisulfuric acid ([(HO)S(O)2]2O2)
sodium salt (1:2)-initiated, compounds with diethanolamine to share a
common mechanism of toxicity with any other substances, and 2-propenoic
acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid,
peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
compounds with diethanolamine does not appear to produce a toxic
metabolite produced by other substances. For the purposes of

this tolerance action, therefore, EPA has assumed that 2-propenoic
acid, 2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid,
peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
compounds with diethanolamine does not have a common mechanism of
toxicity with other substances. For information regarding EPA's efforts
to determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at http://www.epa.gov/pesticides/cumulative.

VI. Additional Safety Factor for the Protection of Infants and Children

    Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold margin of safety for infants and children in the
case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the data base unless EPA concludes
that a different margin of safety will be safe for infants and
children. Due to the expected low toxicity of 2-propenoic acid, 2-
methyl-, phenylmethyl ester, polymer with 2-propenoic acid,
peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
compounds with diethanolamine, EPA has not used a safety factor
analysis to assess the risk. For the same reasons the additional
tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no
harm to the U.S. population, including infants and children, from
aggregate exposure to residues of 2-propenoic acid, 2-methyl-,
phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric
acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine.

VIII. Other Considerations

A. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint United Nations
Food and Agriculture Organization/World Health Organization food
standards program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
    The Codex has not established a MRL for 2-propenoic acid, 2-methyl-
, phenylmethyl ester, polymer with 2-propenoic acid, peroxydisulfuric
acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated, compounds with
diethanolamine.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of 2-propenoic acid,
2-methyl-, phenylmethyl ester, polymer with 2-propenoic acid,
peroxydisulfuric acid ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
compounds with diethanolamine from the requirement of a tolerance will
be safe.

X. Statutory and Executive Order Reviews

    This final rule establishes a tolerance under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these rules from review under
Executive Order 12866, entitled ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993). Because this final rule has been exempted
from review under Executive Order 12866, this final rule is not subject
to Executive Order 13211, entitled ``Actions Concerning Regulations
That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This final rule does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it involve any
technical standards that would require Agency consideration of
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272
note).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes, or otherwise have any unique
impacts on local governments. Thus, the Agency has determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999) and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000) do not apply to this final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
    Although this action does not require any special considerations
under Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994), 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. As such, to the extent that information is
publicly available or was submitted in comments to EPA, the Agency
considered whether groups or segments of the population, 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 pesticide discussed in this
document, compared to the general population. Four comments received
were not related to this chemical. One received comment was of a
general nature requesting the Agency follow the June 2014 Presidential
Memorandum,

``Creating a Federal Strategy to Promote the Health of Honey Bees and
Other Pollinators'' which directs EPA to assess the effect of
pesticides on bee and other pollinator health and take action as
appropriate. This exemption from the requirement of a tolerance is for
a substance used as an inert ingredient in a pesticide formulation and
as such is not itself a pesticide. However, under the strategy, the
Agency will consider any available product specific data on bee
toxicity during the product registration process.

XI. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: October 30, 2014.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.960, alphabetically add the following polymer to the
table to read as follows:

Sec.  [emsp14]180.960  Polymers; exemptions from the requirement of a
tolerance.

* * * * *

------------------------------------------------------------------------
                       Polymer                              CAS No.
------------------------------------------------------------------------

                              * * * * * * *
2-Propenoic acid, 2-methyl-, phenylmethyl ester,           1574486-33-1
 polymer with 2-propenoic acid, peroxydisulfuric acid
 ([(HO)S(O)2]2O2) sodium salt (1:2)-initiated,
 compounds with diethanolamine, minimum number
 average molecular weight (in amu), 2,000............

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2014-26529 Filed 11-6-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Page 868]
[FR Doc No: 2019-00498]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84990); File No. SR-NYSEArca-2018-43]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of Longer Period for Commission Action on Proceedings To
Determine Whether To Approve or Disapprove a Proposed Rule Change
Regarding Investments of the First Trust TCW Unconstrained Plus Bond
ETF

January 25, 2019.
    On July 11, 2018, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change seeking to modify
investments of the First Trust TCW Unconstrained Plus Bond ETF, the
shares of which are currently listed and traded on the Exchange
pursuant to NYSE Arca Rule 8.600-E. The proposed rule change was
published for comment in the Federal Register on August 1, 2018.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 83720 (July 26, 2018),
83 FR 37560.
---------------------------------------------------------------------------

    On September 14, 2018, pursuant to Section 19(b)(2) of the Act,\4\
the Commission extended the time period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ On October 30, 2018, the Commission issued an order
instituting proceedings pursuant to Section 19(b)(2)(B) of the Act \6\
to determine whether to approve or disapprove the proposed rule
change.\7\ The Commission has received no comment letters regarding the
proposed rule change.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 84123, 83 FR 47654
(September 20, 2018). The Commission designated October 30, 2018, as
the date by which the Commission shall approve, disapprove, or
institute proceedings to determine whether to approve or disapprove
the proposed rule change.
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ Securities Exchange Act Release No. 84504 (October 30,
2018), 83 FR 55439 (November 5, 2018).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \8\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change. The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. In this
case, the proposed rule change was published for notice and comment in
the Federal Register on August 1, 2018.\9\ January 28, 2019, is 180
days from that date, and March 29, 2019, is 240 days from that date.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(2).
    \9\ See supra note 3.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the proposed
rule change. Accordingly, the Commission, pursuant to Section 19(b)(2)
of the Act,\10\ designates March 29, 2019, as the date by which the
Commission shall either approve or disapprove the proposed rule change
(File No. SR-NYSEArca-2018-43).
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2019-00498 Filed 1-30-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Page 82011]
[FR Doc No: 2011-33378]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66036; File Nos. SR-NYSE-2011-56; SR-NYSEAmex-2011-86]

Self-Regulatory Organizations; New York Stock Exchange LLC; NYSE
Amex LLC; Notice of Designation of a Longer Period for Commission
Action on Proposed Rule Changes To Codify Certain Traditional Trading
Floor Functions That May Be Performed by Designated Market Makers

December 22, 2011.
    On October 31, 2011, the New York Stock Exchange LLC (``NYSE'') and
NYSE Amex LLC (``NYSE Amex'') each filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ proposed rule changes to amend certain of their
respective rules relating to Designated Market Makers (``DMMs''). The
proposed rule changes were published for comment in the Federal
Register on November 17, 2011.\3\ The Commission received no comment
letters on the proposals.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release Nos. 65735 (November 10,
2011), 76 FR 71405 (SR-NYSEAmex-2011-86); and 65736 (November 10,
2011), 76 FR 71399 (SR-NYSE-2011-56).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is January 1, 2012. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule changes so that it has
sufficient time to consider these proposed rule changes, which modify
the rules applicable to DMMs and floor brokers, including, among other
things, making certain market information such as disaggregated order
information available to DMMs and floor brokers.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates February 15, 2012, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule changes.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2011-33378 Filed 12-28-11; 8:45 am]
BILLING CODE 8011-01-P