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Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations 16791 U.S.C. 3501 et seq., nor does it require Agricultural commodities, Pesticides SUPPLEMENTARY INFORMATION: The any special considerations under and pests, Reporting and recordkeeping Antarctic Conservation Act of 1978, as Executive Order 12898, entitled requirements. amended (‘‘ACA’’) (16 U.S.C. 2401, et ‘‘Federal Actions to Address Dated: April 12, 2019. seq.) implements the Protocol on Environmental Justice in Minority Environmental Protection to the Richard P. Keigwin, Jr., Populations and Low-Income Antarctic Treaty (‘‘the Protocol’’). Populations’’ (59 FR 7629, February 16, Director, Office of Pesticide Programs. Annex V contains provisions for the 1994). Therefore, 40 CFR chapter I is protection of specially designated areas Since tolerances and exemptions that amended as follows: specially managed areas and historic are established on the basis of a petition sites and monuments. Section 2405 of under FFDCA section 408(d), such as PART 180—[AMENDED] title 16 of the ACA directs the Director the tolerance exemption in this action, of the National Science Foundation to ■ do not require the issuance of a 1. The authority citation for part 180 issue such regulations as are necessary proposed rule, the requirements of the continues to read as follows: and appropriate to implement Annex V Regulatory Flexibility Act (5 U.S.C. 601 Authority: 21 U.S.C. 321(q), 346a and 371. to the Protocol. et seq.) do not apply. ■ 2. Add § 180.1365 to subpart D to read The Antarctic Treaty Parties, which This action directly regulates growers, as follows: includes the United States, periodically food processors, food handlers, and food adopt measures to establish, consolidate retailers, not States or tribes. As a result, § 180.1365 Bacteriophage active against or revoke specially protected areas, this action does not alter the Xylella fastidiosa; exemption from the specially managed areas and historical relationships or distribution of power requirement of a tolerance. sites or monuments in Antarctica. This and responsibilities established by An exemption from the requirement rule is being revised to reflect five Congress in the preemption provisions of a tolerance is established for residues added Antarctic specially protected of FFDCA section 408(n)(4). As such, of lytic bacteriophage active against areas (ASPAs 171–175) and six EPA has determined that this action will Xylella fastidiosa in or on all food historical sites and monuments in not have a substantial direct effect on commodities when the bacteriophage Antarctica (HSM 87–92). The rule is States or tribal governments, on the are sequenced and have sequences free also being revised to reflect the relationship between the national of toxins and lysogenic genes and are revocation, of three Antarctic specially government and the States or tribal used in accordance with label directions protected areas (ASPAs 114, 118 and governments, or on the distribution of and good agricultural practices. 130) and one Antarctic specially power and responsibilities among the [FR Doc. 2019–08111 Filed 4–22–19; 8:45 am] managed area (ASMA 3) primarily due various levels of government or between BILLING CODE 6560–50–P to consolidation. the Federal Government and Indian tribes. Thus, EPA has determined that Public Participation Executive Order 13132, entitled The changes to these areas and sites NATIONAL SCIENCE FOUNDATION ‘‘Federalism’’ (64 FR 43255, August 10, reflect decisions already made by the 1999), and Executive Order 13175, 45 CFR Part 670 Antarctic Treaty Parties at recent entitled ‘‘Consultation and Coordination international ATOM meetings. Because with Indian Tribal Governments’’ (65 FR RIN 3145–AA59 these amendments directly involve a 67249, November 9, 2000), do not apply foreign affairs function, the provisions to this action. In addition, this action Conservation of Antarctic Animals and of Executive Order 12866, Executive does not impose any enforceable duty or Plants Order 13771 and the Administrative contain any unfunded mandate as AGENCY: National Science Foundation. Procedure Act (5 U.S.C. 553), requiring notice of proposed rulemaking, described under Title II of the Unfunded ACTION: Direct final rule. Mandates Reform Act (2 U.S.C. 1501 et opportunity for public participation, seq.). SUMMARY: Pursuant to the Antarctic and delay in effective date, are This action does not involve any Conservation Act of 1978, as amended, inapplicable. Further, because no notice technical standards that would require the National Science Foundation (NSF) of proposed rulemaking is required for EPA’s consideration of voluntary is amending its regulations to reflect this rule, the Regulatory Flexibility Act consensus standards pursuant to section changes to designated Antarctic (5 U.S.C. 601 and 612) does not apply. 12(d) of the National Technology specially protected areas (ASPA), Environmental Impact Transfer and Advancement Act (15 Antarctic specially managed areas U.S.C. 272 note). (ASMA) and historic sites or This final rule makes technical conforming changes to the National V. Congressional Review Act monuments (HSM). These changes reflect decisions already adopted by the Science Foundation’s regulations to Pursuant to the Congressional Review Antarctic Treaty Parties at recent reflect the substantive outcomes of Act (5 U.S.C. 801 et seq.), EPA will Antarctic Treaty Consultative Meetings recent Antarctic Treaty Consultative submit a report containing this rule and (ATCM). The United States Department Meetings. The actions taken by the other required information to the U.S. of State heads the United States Antarctic Treaty Parties to manage and Senate, the U.S. House of delegation to these annual Antarctic protect these new Antarctic areas and Representatives, and the Comptroller Treaty meetings. historic resources will result in added General of the United States prior to protection of the Antarctic environment publication of the rule in the Federal DATES: Effective April 23, 2019. and its historic resources. Register. This action is not a ‘‘major FOR FURTHER INFORMATION CONTACT: Reducing Regulation and Controlling rule’’ as defined by 5 U.S.C. 804(2). Bijan Gilanshah, Assistant General Counsel, Office of the General Counsel, Regulatory Costs List of Subjects in 40 CFR Part 180 at 703–292–8060, National Science In implementing these international Environmental protection, Foundation, 2415 Eisenhower Avenue, ATOM agreed to changes, this direct Administrative practice and procedure, Suite W 18200, Alexandria, VA 22314. final rule relates to a foreign affairs VerDate Sep<11>2014 16:20 Apr 22, 2019 Jkt 247001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\23APR1.SGM 23APR1 jbell on DSK3GLQ082PROD with RULES 16792 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations function of the United States. 1531–1538), the Foundation has ASPA 104 Sabrina Island, Northern Accordingly, NSF has determined that assessed the effects of this final rule on Ross Sea, Antarctica this document is not a regulation or rule State, local, and Tribal governments and ASPA 105 Beaufort Island, McMurdo subject to either Executive Order 12866 the private sector. This final rule will Sound, Ross Sea or Executive Order 13771. Further, not compel the expenditure of $100 ASPA 106 Cape Hallett, Northern under section 5 of Executive Order million or more by any State, local, or Victoria Land, Ross Sea 13777, an agency may receive a waiver Tribal government or anyone in the ASPA 107 Emperor Island, Dion from some or all of the requirements of private sector. Therefore, a statement Islands, Marguerite Bay, Antarctic Executive Order 13777 if the Director of under section 202 of the act is not Peninsula the Office of Management and Budget required. ASPA 108 Green Island, Berthelot determines that the agency generally Islands, Antarctic Peninsula Controlling Paperwork Burdens on the issues very few or no regulations. The ASPA 109 Moe Island, South Orkney Public National Science Foundation received Islands such a waiver from the requirements of This final rule does not contain any ASPA 110 Lynch Island, South Orkney Executive Order 13777. recordkeeping or reporting requirements Islands or other information collection ASPA 111 Southern Powell Island and No Takings Implications requirements as defined in 5 CFR part adjacent islands, South Orkney The Foundation has determined that 1320 that are not already required by Islands the final rule will not involve the taking law or not already approved for use. ASPA 112 Coppermine Peninsula, of private property pursuant to E.O. Accordingly, the review provisions of Robert Island, South Shetland Islands 12630. the Paperwork Reduction Act of 1995 ASPA 113 Litchfield Island, Arthur (44 U.S.C. 3501 et seq.) and its Harbour, Anvers Island, Palmer Civil Justice Reform implementing regulations at 5 CFR part Archipelago The Foundation has considered this 1320 do not apply. ASPA 115 Lagotellerie Island, final rule under E.O. 12988 on civil Marguerite Bay, Graham Land justice reform and determined the List of Subjects in 45 CFR Part 670 ASPA 116 New College Valley, principles underlying and requirements Administrative practice and Caughley Beach, Cape Bird, Ross of E.O. 12988 are not implicated. procedure, Antarctica, Exports, Imports, Island ASPA 117 Avian Island, Marguerite Federalism and Consultation and Plants, Reporting and recordkeeping requirements, Wildlife. Bay, Antarctic Peninsula
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