Protection of Stratospheric Ozone: The 2016 Critical Use Exemption From the Phaseout of Methyl Bromide; Correction, 14393-14395 [2016-06065]
Download as PDF
Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations
[EPA–HQ–OAR–2013–0369; FRL–9943–91–
OAR]
the methyl bromide critical use
exemption, other Stratospheric Ozone
Protection regulations, the science of
ozone layer depletion, and related
topics.
SUPPLEMENTARY INFORMATION:
RIN 2060–AS44
I. General Information
Protection of Stratospheric Ozone: The
2016 Critical Use Exemption From the
Phaseout of Methyl Bromide;
Correction
A. Does this action apply to me?
Entities and categories of entities
potentially regulated by this action
include producers, importers, and
exporters of methyl bromide;
applicators and distributors of methyl
bromide; and users of methyl bromide.
This list is not intended to be
exhaustive, but rather to provide a guide
for readers regarding entities likely to be
regulated by this action. To determine
whether your facility, company,
business, or organization could be
regulated by this action, you should
carefully examine the regulations
promulgated at 40 CFR part 82, subpart
A. If you have questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding section.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
The Environmental Protection
Agency (EPA) published a final rule in
the Federal Register of October 15,
2015, issuing critical use allowances for
2016 and making non-substantive
corrections to the quarantine and
preshipment recordkeeping and
reporting requirements. This document
restores provisions that were
inadvertently removed by that final rule.
DATES: This rule is effective March 17,
2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2013–0369. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and is publicly available
only in hard copy form. Publicly
available docket materials are available
either electronically through
www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. 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 (202) 566–1744,
and the telephone number for the Air
and Radiation Docket is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT:
Jeremy Arling, Stratospheric Protection
Division, Office of Atmospheric
Programs, Mail Code 6205T, 1200
Pennsylvania Avenue NW., Washington,
DC 20460; telephone number (202) 343–
9055; email address arling.jeremy@
epa.gov. You may also visit the methyl
bromide section of the Ozone Depletion
Web site of EPA’s Stratospheric
Protection Division at www.epa.gov/
ozone/mbr for further information about
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
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II. What does this correction do?
In a final rule EPA published in the
Federal Register of October 15, 2015,
(80 FR 61985) EPA made two technical
corrections to the quarantine and
preshipment recordkeeping and
reporting provisions in section 82.13(y)
and (z). As discussed in that final rule,
section 82.13(y) contained a reference to
paragraph (aa) where it should reference
paragraph (y). Similarly, section
82.13(z) contained a reference to
paragraph (bb) where it should reference
paragraph (z). That rule corrected the
typographical error and was not
intended to substantively change the
recordkeeping and reporting
requirements or the quarantine and
preshipment exemption program. In
making that edit, that rule inadvertently
removed subparagraphs (y)(1)–(4) and
(z)(1)–(2). This correction restores those
subparagraphs under (y) and (z). The
corrections will become effective
immediately (without further
rulemaking action) on March 17, 2016.
III. Why is this correction issued as a
final rule?
Section 553(b)(B) of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that notice
and public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. We
have determined that there is good
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14393
cause for making today’s action final
without prior proposal and opportunity
for comment because the changes to the
rule are minor technical corrections and
do not impose new requirements. Thus,
notice and public procedure are
unnecessary. We find that this
constitutes good cause under 5 U.S.C.
553(b)(B).
This rule is subject to the rulemaking
procedures in section 553 of the APA.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than 30 days after they are
published in the Federal Register.
Section 553(d)(3) allows an agency,
upon a finding of good cause, to make
a rule effective less than 30 days after
publication. The purpose of the 30-day
waiting period prescribed in section
553(d) is to give affected parties a
reasonable time to adjust their behavior
and prepare before the final rule takes
effect. Because today’s changes restore
pre-existing provisions that are already
familiar to affected parties, we find good
cause to make these technical
corrections effective immediately.
IV. Statutory and Executive Order and
Statutory Reviews
This final rule implements a technical
correction to the Code of Federal
Regulations, and it does not otherwise
impose or amend any requirements.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2060–0482. The application,
recordkeeping, and reporting
requirements have already been
established under previous methyl
bromide rulemakings.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA.
The RFA applies only to rules subject to
notice and comment rulemaking
requirements under the Administrative
Procedure Act (APA), 5 U.S.C. 553, or
any other statute. This rule is not
subject to notice and comment
requirements because the Agency has
invoked the APA ‘‘good cause’’
exemption under 5 U.S.C. 553(b).
E:\FR\FM\17MRR1.SGM
17MRR1
14394
Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538. The action
imposes no enforceable duty on any
state, local or tribal governments or the
private sector.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. This is a technical
correction to restore text that was
inadvertently removed from the Code of
Federal Regulations. This rule does not
impose any duties or responsibilities on
state governments.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This rule does not
significantly or uniquely affect the
communities of Indian tribal
governments nor does it impose any
enforceable duties on communities of
Indian tribal governments. Thus,
Executive Order 13175 does not apply
to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This action is not subject to Executive
Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because the
Agency does not believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
asabaliauskas on DSK3SPTVN1PROD with RULES
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ because it is not likely to
have a significant adverse effect on the
supply, distribution or use of energy.
This action does not pertain to any
segment of the energy production
economy nor does it regulate any
manner of energy use.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
VerDate Sep<11>2014
15:58 Mar 16, 2016
Jkt 238001
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA believes this action will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it affects the level of
environmental protection equally for all
affected populations. This is a technical
correction to restore text that was
inadvertently removed from the Code of
Federal Regulations.
K. Congressional Review Act
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.
Section 808 allows the issuing agency
to make a rule effective sooner than
otherwise provided by the CRA if the
agency makes a good cause finding that
notice and public procedure is
impracticable, unnecessary or contrary
to the public interest. This
determination must be supported by a
brief statement (5 U.S.C. 808(2)). As
stated previously, EPA has made such a
good cause finding, including the
reasons therefore, and established an
effective date of March 17, 2016.
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.
List of Subjects in 40 CFR Part 82
Environmental protection, Chemicals,
Exports, Imports, Ozone depletion.
Dated: March 10, 2014.
Janet McCabe,
Acting Administrator for the Office of Air
and Radiation.
For the reasons stated in the
preamble, 40 CFR part 82 is amended as
follows:
PART 82—PROTECTION OF
STRATOSPHERIC OZONE
1. The authority citation for part 82
continues to read as follows:
■
Authority: 42 U.S.C. 7414, 7601, 7671–
7671q.
2. In § 82.13, revise paragraphs (y) and
(z) to read as follows:
■
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§ 82.13 Recordkeeping and reporting
requirements for class I controlled
substances.
*
*
*
*
*
(y) Every distributor of methyl
bromide (class I, Group VI controlled
substances) who purchases or receives a
quantity produced or imported solely
for quarantine or preshipment
applications under the exemptions in
this subpart must comply with
recordkeeping and reporting
requirements specified in this paragraph
(y).
(1) Every distributor of methyl
bromide must certify to the producer or
importer that quantities received that
were produced or imported solely for
quarantine and preshipment
applications under the exemptions in
this subpart will be used only for
quarantine applications or preshipment
applications in accordance with the
definitions in this subpart.
(2) Every distributor of a quantity of
methyl bromide that was produced or
imported solely for quarantine or
preshipment applications under the
exemptions in this subpart must receive
from an applicator a certification of the
quantity of class I, Group VI controlled
substances ordered, prior to delivery of
the quantity, stating that the quantity
will be used solely for quarantine or
preshipment applications in accordance
with definitions in this subpart.
(3) Every distributor of methyl
bromide who receives a certification
from an applicator that the quantity
ordered and delivered will be used
solely for quarantine and preshipment
applications in accordance with
definitions in this subpart must
maintain the certifications as records for
3 years.
(4) Every distributor of methyl
bromide who receives a certification
from an applicator that the quantity
ordered and delivered will be used
solely for quarantine and preshipment
applications in accordance with
definitions in this subpart must report
to the Administrator within 45 days
after the end of each quarter, the total
quantity delivered for which
certifications were received that stated
the class I, Group VI controlled
substance would be used solely for
quarantine and preshipment
applications in accordance with
definitions in this Subpart.
(z) Every applicator of class I, Group
VI controlled substances who purchases
or receives a quantity produced or
imported solely for quarantine and
preshipment applications under the
exemptions in this subpart must comply
with recordkeeping and reporting
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Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations
requirements specified in this paragraph
(z).
(1) Recordkeeping—Applicators.
Every applicator of class I, Group VI
controlled substances produced or
imported solely for quarantine and
preshipment applications under the
exemptions of this subpart must
maintain, for every application, a
document from the commodity owner,
shipper or their agent requesting the use
of class I, Group VI controlled
substances citing the regulatory
requirement that justifies its use in
accordance with definitions in this
subpart. These documents shall be
retained for 3 years.
(2) Reporting—Applicators. Every
applicator of class I, Group VI
controlled substances who purchases or
receives a quantity of class I, Group VI
controlled substance that was produced
or imported solely for quarantine and
preshipment applications under the
exemptions in this subpart shall provide
the distributor of the methyl bromide,
prior to shipment of the class I, Group
VI controlled substance, with a
certification that the quantity of
controlled substances will be used only
for quarantine and preshipment
applications as defined in this subpart.
*
*
*
*
*
[FR Doc. 2016–06065 Filed 3–16–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2016–0002; Internal
Agency Docket No. FEMA–8423]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:58 Mar 16, 2016
Jkt 238001
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: The effective date of each
community’s scheduled suspension is
the third date (‘‘Susp.’’) listed in the
third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Patricia Suber,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–4149.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
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14395
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under 5
U.S.C. 553(b), are impracticable and
unnecessary because communities listed
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315, 42
U.S.C. 4022, prohibits flood insurance
coverage unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed no longer comply
with the statutory requirements, and
after the effective date, flood insurance
will no longer be available in the
communities unless remedial action
takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
E:\FR\FM\17MRR1.SGM
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Agencies
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Rules and Regulations]
[Pages 14393-14395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06065]
[[Page 14393]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2013-0369; FRL-9943-91-OAR]
RIN 2060-AS44
Protection of Stratospheric Ozone: The 2016 Critical Use
Exemption From the Phaseout of Methyl Bromide; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; technical correction.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) published a final
rule in the Federal Register of October 15, 2015, issuing critical use
allowances for 2016 and making non-substantive corrections to the
quarantine and preshipment recordkeeping and reporting requirements.
This document restores provisions that were inadvertently removed by
that final rule.
DATES: This rule is effective March 17, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2013-0369. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and is publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. 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 (202) 566-1744, and the
telephone number for the Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Jeremy Arling, Stratospheric
Protection Division, Office of Atmospheric Programs, Mail Code 6205T,
1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number
(202) 343-9055; email address arling.jeremy@epa.gov. You may also visit
the methyl bromide section of the Ozone Depletion Web site of EPA's
Stratospheric Protection Division at www.epa.gov/ozone/mbr for further
information about the methyl bromide critical use exemption, other
Stratospheric Ozone Protection regulations, the science of ozone layer
depletion, and related topics.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities and categories of entities potentially regulated by this
action include producers, importers, and exporters of methyl bromide;
applicators and distributors of methyl bromide; and users of methyl
bromide. This list is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be regulated
by this action. To determine whether your facility, company, business,
or organization could be regulated by this action, you should carefully
examine the regulations promulgated at 40 CFR part 82, subpart A. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding section.
II. What does this correction do?
In a final rule EPA published in the Federal Register of October
15, 2015, (80 FR 61985) EPA made two technical corrections to the
quarantine and preshipment recordkeeping and reporting provisions in
section 82.13(y) and (z). As discussed in that final rule, section
82.13(y) contained a reference to paragraph (aa) where it should
reference paragraph (y). Similarly, section 82.13(z) contained a
reference to paragraph (bb) where it should reference paragraph (z).
That rule corrected the typographical error and was not intended to
substantively change the recordkeeping and reporting requirements or
the quarantine and preshipment exemption program. In making that edit,
that rule inadvertently removed subparagraphs (y)(1)-(4) and (z)(1)-
(2). This correction restores those subparagraphs under (y) and (z).
The corrections will become effective immediately (without further
rulemaking action) on March 17, 2016.
III. Why is this correction issued as a final rule?
Section 553(b)(B) of the Admin is tra tive Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that notice and public procedure are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. We have
determined that there is good cause for making today's action final
without prior proposal and opportunity for comment because the changes
to the rule are minor technical corrections and do not impose new
requirements. Thus, notice and public procedure are unnecessary. We
find that this constitutes good cause under 5 U.S.C. 553(b)(B).
This rule is subject to the rulemaking procedures in section 553 of
the APA. Section 553(d) of the APA generally provides that rules may
not take effect earlier than 30 days after they are published in the
Federal Register. Section 553(d)(3) allows an agency, upon a finding of
good cause, to make a rule effective less than 30 days after
publication. The purpose of the 30-day waiting period prescribed in
section 553(d) is to give affected parties a reasonable time to adjust
their behavior and prepare before the final rule takes effect. Because
today's changes restore pre-existing provisions that are already
familiar to affected parties, we find good cause to make these
technical corrections effective immediately.
IV. Statutory and Executive Order and Statutory Reviews
This final rule implements a technical correction to the Code of
Federal Regulations, and it does not otherwise impose or amend any
requirements.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0482. The application, recordkeeping, and reporting
requirements have already been established under previous methyl
bromide rulemakings.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice and comment requirements because the
Agency has invoked the APA ``good cause'' exemption under 5 U.S.C.
553(b).
[[Page 14394]]
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This is a
technical correction to restore text that was inadvertently removed
from the Code of Federal Regulations. This rule does not impose any
duties or responsibilities on state governments.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This rule does not significantly or uniquely
affect the communities of Indian tribal governments nor does it impose
any enforceable duties on communities of Indian tribal governments.
Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This action does not pertain to any
segment of the energy production economy nor does it regulate any
manner of energy use.
I. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes this action will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations because it affects the level of environmental protection
equally for all affected populations. This is a technical correction to
restore text that was inadvertently removed from the Code of Federal
Regulations.
K. Congressional Review Act
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.
Section 808 allows the issuing agency to make a rule effective
sooner than otherwise provided by the CRA if the agency makes a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement (5 U.S.C. 808(2)). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of March 17, 2016.
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.
List of Subjects in 40 CFR Part 82
Environmental protection, Chemicals, Exports, Imports, Ozone
depletion.
Dated: March 10, 2014.
Janet McCabe,
Acting Administrator for the Office of Air and Radiation.
For the reasons stated in the preamble, 40 CFR part 82 is amended
as follows:
PART 82--PROTECTION OF STRATOSPHERIC OZONE
0
1. The authority citation for part 82 continues to read as follows:
Authority: 42 U.S.C. 7414, 7601, 7671-7671q.
0
2. In Sec. 82.13, revise paragraphs (y) and (z) to read as follows:
Sec. 82.13 Recordkeeping and reporting requirements for class I
controlled substances.
* * * * *
(y) Every distributor of methyl bromide (class I, Group VI
controlled substances) who purchases or receives a quantity produced or
imported solely for quarantine or preshipment applications under the
exemptions in this subpart must comply with recordkeeping and reporting
requirements specified in this paragraph (y).
(1) Every distributor of methyl bromide must certify to the
producer or importer that quantities received that were produced or
imported solely for quarantine and preshipment applications under the
exemptions in this subpart will be used only for quarantine
applications or preshipment applications in accordance with the
definitions in this subpart.
(2) Every distributor of a quantity of methyl bromide that was
produced or imported solely for quarantine or preshipment applications
under the exemptions in this subpart must receive from an applicator a
certification of the quantity of class I, Group VI controlled
substances ordered, prior to delivery of the quantity, stating that the
quantity will be used solely for quarantine or preshipment applications
in accordance with definitions in this subpart.
(3) Every distributor of methyl bromide who receives a
certification from an applicator that the quantity ordered and
delivered will be used solely for quarantine and preshipment
applications in accordance with definitions in this subpart must
maintain the certifications as records for 3 years.
(4) Every distributor of methyl bromide who receives a
certification from an applicator that the quantity ordered and
delivered will be used solely for quarantine and preshipment
applications in accordance with definitions in this subpart must report
to the Administrator within 45 days after the end of each quarter, the
total quantity delivered for which certifications were received that
stated the class I, Group VI controlled substance would be used solely
for quarantine and preshipment applications in accordance with
definitions in this Subpart.
(z) Every applicator of class I, Group VI controlled substances who
purchases or receives a quantity produced or imported solely for
quarantine and preshipment applications under the exemptions in this
subpart must comply with recordkeeping and reporting
[[Page 14395]]
requirements specified in this paragraph (z).
(1) Recordkeeping--Applicators. Every applicator of class I, Group
VI controlled substances produced or imported solely for quarantine and
preshipment applications under the exemptions of this subpart must
maintain, for every application, a document from the commodity owner,
shipper or their agent requesting the use of class I, Group VI
controlled substances citing the regulatory requirement that justifies
its use in accordance with definitions in this subpart. These documents
shall be retained for 3 years.
(2) Reporting--Applicators. Every applicator of class I, Group VI
controlled substances who purchases or receives a quantity of class I,
Group VI controlled substance that was produced or imported solely for
quarantine and preshipment applications under the exemptions in this
subpart shall provide the distributor of the methyl bromide, prior to
shipment of the class I, Group VI controlled substance, with a
certification that the quantity of controlled substances will be used
only for quarantine and preshipment applications as defined in this
subpart.
* * * * *
[FR Doc. 2016-06065 Filed 3-16-16; 8:45 am]
BILLING CODE 6560-50-P