United States Rail Service Issues-Performance Data Reporting, 11515 [C1-2017-02492]
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Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Rules and Regulations
for this action as described under
ADDRESSES. Based upon its evaluation,
EPA concludes that there is a reasonable
certainty that no harm will result to the
U.S. population, including infants and
children, from aggregate exposure to
residues of VNT1 protein. Therefore, an
exemption from the requirement of a
tolerance is established for residues of
VNT1 protein in potato when used as a
plant-incorporated protectant in
accordance with the terms of
registration.
B. Analytical Enforcement Methodology
EPA has determined that 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. Nonetheless, an
analytical method was provided by J.R.
Simplot for the detection of VNT1
protein in potato. This method utilizes
a quantitative polymerase chain reaction
(qPCR) to detect the presence of the Rpivntl gene in pSIM1678 transformed
plants (pSIM1678 is the transformation
vector used by the registrant to
incorporate the Rpi-vntl gene into potato
varieties). There are numerous
homologs of Rpi-vnt1 present in potato
and tomato varieties and other wild
Solanum species that may result in nonspecific amplification when using
primers designed to amplify Rpi-vnt1.
To distinguish between plants that
naturally contain homologous
sequences and those transformed with
pSIM1678, a second method amplifies a
unique junction between the Rpi-vnt1
terminator and the AGP promoter
present in the pSIM1678 T–DNA. This
second method is intended to confirm
the presence or absence of pSIM1678 if
there are false positive detection of Rpivnt1 homologs.
pmangrum on DSK3GDR082PROD with RULES
C. Revisions to Requested Tolerance
Exemption
The current temporary tolerance
exemption for VNT1 protein in potato
(40 CFR 174.534) approved by EPA on
December 17, 2015, will be changed to
a permanent tolerance exemption.
IV. Statutory and Executive Order
Reviews
This action establishes a tolerance
exemption under FFDCA section 408(d)
in response to a petition submitted to
EPA. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
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14:13 Feb 23, 2017
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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 action 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 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).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this action,
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 action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes. As a result,
this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
EPA 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. Thus, EPA 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 action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
EPA’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
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11515
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 174
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 18, 2017.
Jack Housenger,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 174—[AMENDED]
1. The authority citation for part 174
continues to read as follows:
■
Authority: 7. U.S.C. 136–136y; 21 U.S.C.
321(q), 346a and 371.
■
2. Revise § 174.534 to read as follows:
§ 174.534 VNT1 protein; exemption from
the requirement of a tolerance.
Residues of VNT1 protein in potato
are exempt from the requirement of a
tolerance when the Rpi-vnt1 gene that
express the VNT1 protein is used as a
plant-incorporated protectant in potato.
[FR Doc. 2017–03580 Filed 2–23–17; 8:45 am]
BILLING CODE 6560–50–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1250
[Docket No. EP 724 (Sub-No. 4)]
United States Rail Service Issues—
Performance Data Reporting
Correction
In rule document 2017–02492,
appearing on pages 9529–9529, in the
issue of Tuesday, February 7, 2017,
make the following correction:
On page 9529, in the third column,
the signature block should read as
follows:
Decided: January 27, 2017.
By the Board, Acting Chairman Begeman,
Vice Chairman Miller, and Commissioner
Elliott.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. C1–2017–02492 Filed 2–23–17; 8:45 am]
BILLING CODE 1301–00–D
E:\FR\FM\24FER1.SGM
24FER1
Agencies
[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Rules and Regulations]
[Page 11515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2017-02492]
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SURFACE TRANSPORTATION BOARD
49 CFR Part 1250
[Docket No. EP 724 (Sub-No. 4)]
United States Rail Service Issues--Performance Data Reporting
Correction
In rule document 2017-02492, appearing on pages 9529-9529, in the
issue of Tuesday, February 7, 2017, make the following correction:
On page 9529, in the third column, the signature block should read
as follows:
Decided: January 27, 2017.
By the Board, Acting Chairman Begeman, Vice Chairman Miller, and
Commissioner Elliott.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. C1-2017-02492 Filed 2-23-17; 8:45 am]
BILLING CODE 1301-00-D