Control of Communicable Diseases; Delay of Effective Date, 10718-10719 [2017-03042]
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10718
Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
simply said ‘‘Good.’’ The other two
comments noted general concerns about
approving ‘‘more herbicides and
pesticides from Dow, Bayer, and
Monsanto’’ and the toxicity of this
chemical, stating, in part, that ‘‘food
should not be contaminated with these
chemicals.’’ The Agency recognizes that
some individuals believe that pesticides
should be banned on agricultural crops;
however, the existing legal framework
provided by section 408 of the Federal
Food, Drug and Cosmetic Act (FFDCA)
states that tolerances may be set when
persons seeking such tolerances or
exemptions have demonstrated that the
pesticide meets the safety standard
imposed by that statute. EPA has
assessed the effects of this chemical on
human health and determined that
aggregate exposure to it will be safe.
These comments provide no
information to support a different
conclusion.
D. Revisions to Petitioned-For
Tolerances
The submitted banana field trial data
support a tolerance of 0.03 ppm, instead
of the petitioned-for tolerance of 0.04
ppm, in whole bananas. The petitioner
used a combined limit of quantitation
(LOQ) different from that used by the
Agency for the input dataset of the
Organization for Economic Cooperation
and Development (OECD) tolerance
calculation procedure. The combined
LOQ used by EPA resulted in a
recommended tolerance of 0.03 ppm.
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V. Conclusion
Therefore, a tolerance is established
for residues of thiamethoxam, including
its metabolites and degradates, in or on
banana at 0.03 ppm.
VI. Statutory and Executive Order
Reviews
This action 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 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
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
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16:57 Feb 14, 2017
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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 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 action 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. 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 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
Agency 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).
VII. 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).
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List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 13, 2017.
Michael Goodis,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.565, add alphabetically the
commodity ‘‘Banana’’ to the table in
paragraph (a) and revise footnote 1 to
read as follows:
■
§ 180.565 Thiamethoxam; tolerances for
residues.
(a) * * *
Parts per
million
Commodity
*
*
*
Banana 1 ...............................
*
*
*
0.03
*
*
*
*
1 There
are no U.S. registrations for these
commodities as of February 15, 2017.
*
*
*
*
*
[FR Doc. 2017–03075 Filed 2–14–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Docket No. CDC–2016–0068]
42 CFR Parts 70 and 71
RIN 0920–AA63
Control of Communicable Diseases;
Delay of Effective Date
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Final rule; delay of effective
date.
AGENCY:
The Centers for Disease
Control and Prevention (CDC) in the
Department of Health and Human
Services (HHS) announces a change in
the effective date of the final rule titled
‘‘Control of Communicable Diseases’’
that was published on January 19, 2017.
This action is undertaken in accordance
with the memorandum of January 20,
SUMMARY:
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15FER1
Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
2017 from the Assistant to the President
and Chief of Staff entitled ‘‘Regulatory
Freeze Pending Review.’’
DATES: The effective date of the final
rule amending 42 CFR parts 70 and 71
published January 19, 2017 (82 FR 6890)
is delayed to March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Martin S. Cetron, M.D., Director,
Division of Global Migration and
Quarantine, Centers for Disease Control
and Prevention, 1600 Clifton Road NE.,
MS E–03, Atlanta, Georgia, 30329.
Phone: (404) 498–1600. Email:
dgmqpolicyoffice@cdc.gov.
SUPPLEMENTARY INFORMATION: On
January 19, 2017, HHS/CDC published a
final rule titled ‘‘Control of
Communicable Diseases’’ (82 FR 6890)
with an effective date of February 21,
2017. With this document, HHS/CDC
announces a new effective date for this
final rule of March 21, 2017.
HHS/CDC bases this action on the
Presidential directive expressed in the
memorandum of January 20, 2017 from
the Assistant to the President and Chief
of Staff entitled ‘‘Regulatory Freeze
Pending Review.’’ This memorandum
directed the heads of Executive
Departments and Agencies to
temporarily postpone for sixty days
from the date of the memorandum the
effective dates of all regulations that had
been published in the Federal Register
but had not yet taken effect.
FOR FURTHER INFORMATION CONTACT:
Tyler Wood, General Counsel, Federal
Maritime Commission, 800 North
Capitol Street NW., Room 1018,
Washington, DC 20573, (202) 523–5740.
SUPPLEMENTARY INFORMATION: This rule
adjusts the civil monetary penalties
assessable by the Commission in
accordance with the 2015 Act, which
became effective on November 2, 2015.
The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA),
Public Law 101–410, 104 Stat. 890
(codified as amended at 28 U.S.C. 2461
note), in order to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
The 2015 Act requires agencies to
adjust CMPs under their jurisdiction by
January 15, 2017, based on changes in
the consumer price index (CPI–U) using
data from October in the previous
calendar year. On December 16, 2016,
Office of Management and Budget
published guidance stating that the CPI–
U multiplier for October 2016 is
1.01636.1 In order to complete the
adjustment for January 2017, agencies
must multiply the most recent civil
penalty amounts in 46 CFR part 506,
i.e., those that include the catch-up
adjustment required by the 2015 Act by
1.01636.2 For the Commission, this
means applying the multiplier to the
penalty amounts set forth in the
Commission’s June 30, 2016 interim
final rule, which went into effect on
August 1, 2016.3
Dated: February 9, 2017.
Norris Cochran,
Acting Secretary, Department of Health and
Human Services.
Rulemaking Analyses and Notices
[FR Doc. 2017–03042 Filed 2–14–17; 8:45 am]
Notice and Effective Date
BILLING CODE 4163–18–P
Adjustments under the FCPIAA, as
amended by the 2015 Act, are not
subject to the procedural rulemaking
requirements of the Administrative
Procedure Act (APA) (5 U.S.C. 553),
including the requirements for prior
notice, an opportunity for comment, and
a delay between the issuance of a final
rule and its effective date.4 As noted
above, the 2015 Act requires that the
Commission adjust its CMPs no later
than January 15 of each year.
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 17–01]
RIN 3072–4C67
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
The Commission is
publishing its adjustments to inflation
annually, pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act).
The 2015 Act requires that agencies
adjust and publish their civil penalties
by January 15th each year.
DATES: This rule is effective on February
15, 2017, and is applicable beginning
January 15, 2017.
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SUMMARY:
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Congressional Review Act
The rule is not a ‘‘major rule’’ as
defined by the Congressional Review
Act, codified at 5 U.S.C. 801 et seq. The
rule will not result in: (1) An annual
1 Office
of Management and Budget, M–17–11,
Implementation of the 2017 annual adjustment
pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, at 1
(Dec. 16, 2016) (M–17–11).
2 Id. at 2–3.
3 81 FR 42552.
4 FCPIAA § 4(b)(2); M–17–11 at 2.
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10719
effect on the economy of $100,000,000
or more; (2) a major increase in costs or
prices; or (3) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
companies to compete with foreignbased companies. 5 U.S.C. 804(2).
Regulatory Flexibility Act
The Regulatory Flexibility Act
(codified as amended at 5 U.S.C. 601–
612) provides that whenever an agency
promulgates a final rule after being
required to publish a notice of proposed
rulemaking under the APA (5 U.S.C.
553), the agency must prepare and make
available a final regulatory flexibility
analysis (FRFA) describing the impact
of the rule on small entities. 5 U.S.C.
604. As indicated above, this final rule
is not subject to the APA’s notice and
comment requirements, and the
Commission is not required to prepare
an FRFA in conjunction with this final
rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) requires an
agency to seek and receive approval
from the Office of Management and
Budget (OMB) before collecting
information from the public. 44 U.S.C.
3507. The agency must submit
collections of information in rules to
OMB in conjunction with the
publication of the notice of proposed
rulemaking. 5 CFR 1320.11. This final
rule does not contain any collections of
information, as defined by 44 U.S.C.
3502(3) and 5 CFR 1320.3(c).
Regulation Identifier Number
The Commission assigns a regulation
identifier number (RIN) to each
regulatory action listed in the Unified
Agenda of Federal Regulatory and
Deregulatory Actions (Unified Agenda).
The Regulatory Information Service
Center publishes the Unified Agenda in
April and October of each year. You
may use the RIN contained in the
heading at the beginning of this
document to find this action in the
Unified Agenda, available at https://
www.reginfo.gov/public/do/
eAgendaMain.
List of Subjects in 46 CFR Part 506
Administrative practice and
procedure, Penalties.
For the reasons stated in the
preamble, Part 506 of title 46 of the
Code of Federal Regulations is amended
as follows:
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15FER1
]]>Agencies
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Rules and Regulations]
[Pages 10718-10719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03042]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
[Docket No. CDC-2016-0068]
42 CFR Parts 70 and 71
RIN 0920-AA63
Control of Communicable Diseases; Delay of Effective Date
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: The Centers for Disease Control and Prevention (CDC) in the
Department of Health and Human Services (HHS) announces a change in the
effective date of the final rule titled ``Control of Communicable
Diseases'' that was published on January 19, 2017. This action is
undertaken in accordance with the memorandum of January 20,
[[Page 10719]]
2017 from the Assistant to the President and Chief of Staff entitled
``Regulatory Freeze Pending Review.''
DATES: The effective date of the final rule amending 42 CFR parts 70
and 71 published January 19, 2017 (82 FR 6890) is delayed to March 21,
2017.
FOR FURTHER INFORMATION CONTACT: Martin S. Cetron, M.D., Director,
Division of Global Migration and Quarantine, Centers for Disease
Control and Prevention, 1600 Clifton Road NE., MS E-03, Atlanta,
Georgia, 30329. Phone: (404) 498-1600. Email: dgmqpolicyoffice@cdc.gov.
SUPPLEMENTARY INFORMATION: On January 19, 2017, HHS/CDC published a
final rule titled ``Control of Communicable Diseases'' (82 FR 6890)
with an effective date of February 21, 2017. With this document, HHS/
CDC announces a new effective date for this final rule of March 21,
2017.
HHS/CDC bases this action on the Presidential directive expressed
in the memorandum of January 20, 2017 from the Assistant to the
President and Chief of Staff entitled ``Regulatory Freeze Pending
Review.'' This memorandum directed the heads of Executive Departments
and Agencies to temporarily postpone for sixty days from the date of
the memorandum the effective dates of all regulations that had been
published in the Federal Register but had not yet taken effect.
Dated: February 9, 2017.
Norris Cochran,
Acting Secretary, Department of Health and Human Services.
[FR Doc. 2017-03042 Filed 2-14-17; 8:45 am]
BILLING CODE 4163-18-P
