Standards of Performance for New Stationary Sources, 42542-42543 [2016-15707]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
§ 3008.5
Prohibitions.
(a) Ex parte communications between
Commission decision-making
personnel, and the Postal Service or
public stakeholders is prohibited.
(b) Commission decision-making
personnel shall not rely upon any
information obtained through ex parte
communications unless the
communications are made part of the
record of the proceeding, where an
opportunity for rebuttal has been
provided, and reliance on the
information will not cause undue delay
or prejudice to any party.
(c) Paragraph (a) of this section does
not constitute authority to withhold
information from Congress.
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§ 3008.6 Required action upon ex parte
communications.
(a) Commission decision-making
personnel who receive ex parte
communications relevant to the merits
of the proceeding shall decline to listen
to such communications and explain
that the matter is pending for
determination. Any recipient thereof
shall advise the communicator that the
communication will not be considered,
and shall promptly and fully inform the
Commission in writing of the substance
of and the circumstances attending the
communication, so that the Commission
will be able to take appropriate action.
(b) Commission decision-making
personnel who receive, or who make or
knowingly cause to be made, ex parte
communications prohibited by this part
shall promptly place, or cause to be
placed, on the public record of the
proceeding:
(1) All such written communications;
(2) Memoranda stating the substance
of all such oral communications; and
(3) All written responses, and
memoranda stating the substance of all
oral responses, to the materials
described in paragraphs (b)(1) and (2) of
this section.
(c) Requests for an opportunity to
rebut, on the record, any facts or
contentions contained in an ex parte
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communication which have been placed
on the public record of the proceeding
pursuant to paragraph (b) of this section
may be filed in writing with the
Commission. The Commission will
grant such requests only where it
determines that the dictates of fairness
so require. In lieu of actually receiving
rebuttal material, the Commission may
in its discretion direct that the alleged
factual assertion and the proposed
rebuttal be disregarded in arriving at a
decision.
§ 3008.7 Penalty for violation of ex parte
communication rules.
(a) The penalties for violation of ex
parte communication rules specified in
this section are applicable only to:
(1) Nature of postal service
proceedings conducted pursuant to 39
U.S.C. 3661(c);
(2) Appeal of Postal Service decisions
to close or consolidate any post office
conducted pursuant to 39 U.S.C.
404(d)(5); and
(3) Rate or service complaints
conducted pursuant to 39 U.S.C. 3662.
(b) Upon notice of a communication
knowingly made or knowingly caused to
be made by a participant in violation of
§ 3008.5(a), the Commission or
presiding officer may, to the extent
consistent with the interests of justice
and the policy of the underlying
statutes, require the participant to show
cause why his/her claim or interest in
the proceeding should not be dismissed,
denied, disregarded, or otherwise
adversely affected on account of such
violation.
(c) The Commission may, to the
extent consistent with the interests of
justice and the policy of the underlying
statutes administered by the
Commission, consider a violation of
§ 3008.5(a) sufficient grounds for a
decision adverse to a party who has
knowingly committed such violation or
knowingly caused such violation to
occur.
By the Commission.
Stacy L. Ruble,
Secretary.
[FR Doc. 2016–15349 Filed 6–29–16; 8:45 am]
BILLING CODE 7710–FW–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
Standards of Performance for New
Stationary Sources
CFR Correction
In Title 40 of the Code of Federal
Regulations, Part 60 (§ 60.1 to end of
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part 60 sections), revised as of July 1,
2015, make the following corrections:
■ 1. Reinstate the symbol < in the
following places:
■ a. On page 85, in § 60.13, paragraph
(h)(2)(viii), before the term ‘‘30
minutes’’;
■ b. On page 667, in § 60.562–1,
paragraph (a)(1)(ii) table 3, in row 1., in
the second column, after ‘‘0.10’’ and
before ‘‘5.5’’;
■ c. On page 667, in § 60.562–1,
paragraph (a)(1)(ii) table 3, in row 3., in
the second column, after ‘‘5.5’’ and
before ‘‘20’’;
■ d. On page 706, in § 60.614, (f)(2) table
2, in the first column, in the first two
entries, after ‘‘HT’’;
■ e. On page 719, in § 60.643, paragraph
(a)(1)(ii), after ‘‘R’’;
■ f. On page 734, in § 60.664, paragraph
(f)(2) table 2, in the first column, in the
first two entries, after ‘‘HT’’;
■ g. On page 1208, in § 60.5410,
paragraph (g)(1)(ii), after ‘‘R’’;
■ h. On page 1222, in § 60.5415,
paragraph (g)(1)(ii), after ‘‘R’’.
■ 2. Reinstate the symbol ≤, in the
following places:
■ a. On page 501, in § 60.332, paragraph
(a)(4), in the first row of the table, after
‘‘N’’ and before ‘‘.015’’,
■ b. On pages 1111–1112, in table 1 to
subpart KKKK, in the second column,
before the number ‘‘50’’ in the first,
second, fifth, sixth, and ninth entries;
■ c. On pages 1111–1112, in table 1 to
subpart KKKK, in the second column,
before the number ‘‘850’’ in the third,
seventh, tenth and eleventh entries’
■ d. On pages 1111–1112, in table 1 to
subpart KKKK, in the second column,
before the number ‘‘30’’ in the twelfth
entry.
a. On page 649, in § 60.543, paragraph
(f)(2)(iv)(I), after ‘‘(n’’ and before ‘‘3)’’;
■ b. On page 706, in § 60.614, (f)(2) table
2, in the first column, in the third and
fourth entries, after ‘‘HT’’;
■ c. On page 719, in § 60.643, paragraph
(a)(1)(i), after ‘‘R’’;
■ d. On page 734, in § 60.664, paragraph
(f)(2) table 2, in the first column, in the
third and fourth entries, after ‘‘HT’’;
■ e. On page 1208, in § 60.5410,
paragraph (g)(1)(i), after ‘‘R’’;
■ f. On page 1222, in § 60.5415,
paragraph (g)(1)(i), after ‘‘R’’.
■ 4. Reinstate the symbol > in the
following places:
■ a. On pages 1111–1112, in table 1 to
subpart KKKK, in the second column,
before the number ‘‘50’’ in the third,
seventh, tenth, and eleventh entries;
■ b. On pages 1111–1112, in table 1 to
subpart KKKK, in the second column,
■
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this chapter regarding no participation
by investigative or prosecuting officers;
(3) The Public Representative and
other Commission personnel assigned to
represent the interests of the general
public pursuant to 39 U.S.C. 505 in the
specific case or controversy at issue
(regardless of normally assigned duties);
and
(4) Contractors, consultants, and
others hired by the Commission to
provide an independent analysis of
issues before the Commission (and
Commission employees assigned
thereto).
Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
before the number ‘‘850’’ in the fourth
and eighth entries;
■ c. On pages 1112, in table 1 to subpart
KKKK, in the second column, before the
number ‘‘30’’ in the thirteenth entry.
[FR Doc. 2016–15707 Filed 6–29–16; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0183; FRL–9947–45]
Pentaerythritol tetrakis (3-(3,5-di-tertbutyl-4-hydroxyphenyl)propionate);
Exemption From the Requirement of a
Tolerance
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
exemptions from the requirement of a
tolerance for residues of pentaerythritol
tetrakis (3-(3,5-di-tert-butyl-4hydroxyphenyl)propionate) (CAS Reg.
No. 6683–19–8) under 40 CFR 180.910
and 180.930 when used as an inert
ingredient (antioxidant/stabilizer) in
pesticide formulations applied to
growing crops and raw agricultural
commodities after harvest at a
maximum concentration of 5% by
weight in the formulation and applied
to animals at a maximum concentration
of 3% by weight in the formulation,
respectively. BASF Corporation
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting establishment of
these exemptions from the requirement
of a tolerance. These regulations
eliminate the need to establish a
maximum permissible level for residues
of pentaerythritol tetrakis (3-(3,5-di-tertbutyl-4-hydroxyphenyl)propionate) for
these uses.
DATES: This regulation is effective June
30, 2016. Objections and requests for
hearings must be received on or before
August 29, 2016, 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–2016–0183, is
available at https://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
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SUMMARY:
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Jkt 238001
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 OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://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: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY 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 https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How 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–2016–0183 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 August 29, 2016. Addresses for
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42543
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–
2016–0183, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• 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 https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of April 25,
2016 (81 FR 24044) (FRL–9944–86),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP IN–10829) by BASF
Corporation, 100 Park Avenue, Florham
Park, NJ 07932. The petition requested
that 40 CFR 180.910 and 180.930 be
amended by establishing an exemption
from the requirement of a tolerance for
residues of pentaerythritol tetrakis (3(3,5-di-tert-butyl-4hydroxyphenyl)propionate) (CAS Reg.
No. 6683–19–8) when used as an inert
ingredient antioxidant/stabilizer in
pesticide formulations applied to
growing crops and raw agricultural
commodities after harvest under 40 CFR
180.910 at a maximum concentration of
5% by weight in the formulation; and
applied to animals under 40 CFR
180.930 at a maximum concentration of
3% by weight in the formulation. That
document referenced a summary of the
petition prepared by Lewis & Harrison
LLC on behalf of BASF Corporation, the
petitioner, which is available in the
docket, https://www.regulations.gov.
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[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42542-42543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15707]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
Standards of Performance for New Stationary Sources
CFR Correction
In Title 40 of the Code of Federal Regulations, Part 60 (Sec. 60.1
to end of part 60 sections), revised as of July 1, 2015, make the
following corrections:
0
1. Reinstate the symbol < in the following places:
0
a. On page 85, in Sec. 60.13, paragraph (h)(2)(viii), before the term
``30 minutes'';
0
b. On page 667, in Sec. 60.562-1, paragraph (a)(1)(ii) table 3, in row
1., in the second column, after ``0.10'' and before ``5.5'';
0
c. On page 667, in Sec. 60.562-1, paragraph (a)(1)(ii) table 3, in row
3., in the second column, after ``5.5'' and before ``20'';
0
d. On page 706, in Sec. 60.614, (f)(2) table 2, in the first column,
in the first two entries, after ``HT'';
0
e. On page 719, in Sec. 60.643, paragraph (a)(1)(ii), after ``R'';
0
f. On page 734, in Sec. 60.664, paragraph (f)(2) table 2, in the first
column, in the first two entries, after ``HT'';
0
g. On page 1208, in Sec. 60.5410, paragraph (g)(1)(ii), after ``R'';
0
h. On page 1222, in Sec. 60.5415, paragraph (g)(1)(ii), after ``R''.
0
2. Reinstate the symbol <=, in the following places:
0
a. On page 501, in Sec. 60.332, paragraph (a)(4), in the first row of
the table, after ``N'' and before ``.015'',
0
b. On pages 1111-1112, in table 1 to subpart KKKK, in the second
column, before the number ``50'' in the first, second, fifth, sixth,
and ninth entries;
0
c. On pages 1111-1112, in table 1 to subpart KKKK, in the second
column, before the number ``850'' in the third, seventh, tenth and
eleventh entries'
0
d. On pages 1111-1112, in table 1 to subpart KKKK, in the second
column, before the number ``30'' in the twelfth entry.
[GRAPHIC] [TIFF OMITTED] TR30JN16.041
0
a. On page 649, in Sec. 60.543, paragraph (f)(2)(iv)(I), after ``(n''
and before ``3)'';
0
b. On page 706, in Sec. 60.614, (f)(2) table 2, in the first column,
in the third and fourth entries, after ``HT'';
0
c. On page 719, in Sec. 60.643, paragraph (a)(1)(i), after ``R'';
0
d. On page 734, in Sec. 60.664, paragraph (f)(2) table 2, in the first
column, in the third and fourth entries, after ``HT'';
0
e. On page 1208, in Sec. 60.5410, paragraph (g)(1)(i), after ``R'';
0
f. On page 1222, in Sec. 60.5415, paragraph (g)(1)(i), after ``R''.
0
4. Reinstate the symbol > in the following places:
0
a. On pages 1111-1112, in table 1 to subpart KKKK, in the second
column, before the number ``50'' in the third, seventh, tenth, and
eleventh entries;
0
b. On pages 1111-1112, in table 1 to subpart KKKK, in the second
column,
[[Page 42543]]
before the number ``850'' in the fourth and eighth entries;
0
c. On pages 1112, in table 1 to subpart KKKK, in the second column,
before the number ``30'' in the thirteenth entry.
[FR Doc. 2016-15707 Filed 6-29-16; 8:45 am]
BILLING CODE 1505-01-D
