95886 Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations C. Regulatory Flexibility Act (RFA) I. National Technology Transfer and ENVIRONMENTAL PROTECTION Advancement Act (NTTAA) AGENCY This action is not subject to the RFA. This rulemaking does not involve The RFA applies only to rules subject to 40 CFR Part 180 notice-and-comment rulemaking technical standards. requirements under the APA, 5 U.S.C. [EPA–HQ–OPP–2016–0007 and EPA–HQ– J. Executive Order 12898: Federal OPP–2016–0008; FRL–9950–40] 553, or any other statute. This rule is not Actions To Address Environmental subject to notice-and-comment Justice in Minority Populations and Isobutyl Acetate and Isobutyric Acid; requirements because the agency has Low-Income Populations Exemption From the Requirement of a invoked the APA ‘‘good cause’’ The EPA believes that this action is Tolerance exemption under 5 U.S.C. 553(b). not subject to Executive Order 12898 (59 AGENCY: Environmental Protection FR 7629, February 16, 1994) because it D. Unfunded Mandates Reform Act Agency (EPA). (UMRA) does not establish an environmental health or safety standard. This good ACTION: Final rule. This action does not contain any cause final action simply extends the SUMMARY: This regulation establishes unfunded mandate of $100 million or date for the EPA to take action on a more as described in UMRA, 2 U.S.C. exemptions from the requirement of a petition and does not have any impact tolerance for residues of isobutyl acetate 1531–1538, and does not significantly or on human health or the environment. uniquely affect small governments. The (CAS Reg. No. 110–19–0) and isobutyric action imposes no enforceable duty on K. Congressional Review Act (CRA) acid (CAS Reg. No. 79–31–2) when used any state, local or tribal governments or This action is subject to the CRA, and as inert ingredients (solvent) in the private sector. the EPA will submit a rule report to pesticide formulations applied to each House of the Congress and to the growing crops and raw agricultural E. Executive Order 13132: Federalism Comptroller General of the United commodities after harvest. Technology States. The CRA allows the issuing Sciences Group Inc. on behalf of Jeneil This action does not have federalism Biosurfactant Company submitted a implications. It will not have substantial agency to make a rule effective sooner than otherwise provided by the CRA if petition to EPA under the Federal Food, direct effects on the states, on the Drug, and Cosmetic Act (FFDCA), relationship between the national the agency makes a good cause finding that notice-and-comment rulemaking requesting establishment of these government and the states, or on the exemptions from the requirement of a distribution of power and procedures are impracticable, unnecessary or contrary to the public tolerance. This regulation eliminates the responsibilities among the various need to establish maximum permissible levels of government. interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule levels for residues of isobutyl acetate F. Executive Order 13175: Consultation as discussed in Section II.B of this and isobutyric acid. and Coordination With Indian Tribal document, including the basis for that DATES: This regulation is effective Governments finding. December 29, 2016. Objections and requests for hearings must be received This action does not have tribal IV. Statutory Authority on or before February 27, 2017, and implications, as specified in Executive The statutory authority for this action must be filed in accordance with the Order 13175. This good cause final is provided by sections 110, 126 and instructions provided in 40 CFR part action simply extends the date for the 307 of the CAA as amended (42 U.S.C. 178 (see also Unit I.C. of the EPA to take action on a petition. Thus, 7410, 7426 and 7607). SUPPLEMENTARY INFORMATION). Executive Order 13175 does not apply V. Judicial Review ADDRESSES: The dockets for this action, to this rule. identified by docket identification (ID) Under section 307(b)(1) of the CAA, G. Executive Order 13045: Protection of numbers EPA–HQ–OPP–2016–0007 and judicial review of this final rule is Children From Environmental Health EPA–HQ–OPP–2016–0008, are available available only by the filing of a petition and Safety Risks at http://www.regulations.gov or at the for review in the U.S. Court of Appeals Office of Pesticide Programs Regulatory The EPA interprets Executive Order for the appropriate circuit by February Public Docket (OPP Docket) in the 13045 as applying only to those 27, 2017. Under section 307(b)(2) of the Environmental Protection Agency regulatory actions that concern CAA, the requirements that are the Docket Center (EPA/DC), West William environmental health or safety risks that subject of this final rule may not be Jefferson Clinton Bldg., Rm. 3334, 1301 the EPA has reason to believe may challenged later in civil or criminal Constitution Ave. NW., Washington, DC disproportionately affect children, per proceedings brought by us to enforce 20460–0001. The Public Reading Room the definition of ‘‘covered regulatory these requirements. is open from 8:30 a.m. to 4:30 p.m., action’’ in section 2–202 of the List of Subjects in 40 CFR Part 52 Monday through Friday, excluding legal Executive Order. This action is not holidays. The telephone number for the Environmental protection, subject to Executive Order 13045 Public Reading Room is (202) 566–1744, Administrative practices and because it does not concern an and the telephone number for the OPP procedures, Air pollution control, environmental health risk or safety risk. Docket is (703) 305–5805. Please review Electric utilities, Incorporation by the visitor instructions and additional H. Executive Order 13211: Actions That reference, Intergovernmental relations, information about the docket available Significantly Affect Energy Supply, Nitrogen oxides, Ozone. at http://www.epa.gov/dockets. Distribution or Use Dated: December 15, 2016. FOR FURTHER INFORMATION CONTACT: This action is not subject to Executive Gina McCarthy, Michael Goodis, Registration Division Order 13211, because it is not a Administrator. (7505P), Office of Pesticide Programs, significant regulatory action under [FR Doc. 2016–31256 Filed 12–28–16; 8:45 am] Environmental Protection Agency, 1200 Executive Order 12866. BILLING CODE 6560–50–P Pennsylvania Ave. NW., Washington, VerDate Sep<11>2014 14:51 Dec 28, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\29DER1.SGM 29DER1 rmajette on DSK2TPTVN1PROD with RULES Federal Register / Vol. 81, No. 250 / Thursday, December 29, 2016 / Rules and Regulations 95887 DC 20460–0001; main telephone objection or hearing request, identified polyoxyethylene polymers and fatty number: (703) 305–7090; email address: by docket ID number EPA–HQ–OPP– acids; carriers such as clay and [email protected]. 2016–0007 or EPA–HQ–OPP–2016– diatomaceous earth; thickeners such as SUPPLEMENTARY INFORMATION: 0008, by one of the following methods: carrageenan and modified cellulose; • Federal eRulemaking Portal: http:// wetting, spreading, and dispersing I. General Information www.regulations.gov. Follow the online agents; propellants in aerosol A. Does this action apply to me? instructions for submitting comments. dispensers; microencapsulating agents; Do not submit electronically any and emulsifiers. The term ‘‘inert’’ is not You may be potentially affected by information you consider to be CBI or intended to imply nontoxicity; the this action if you are an agricultural other information whose disclosure is ingredient may or may not be producer, food manufacturer, or restricted by statute. chemically active. Generally, EPA has • pesticide manufacturer. The following Mail: OPP Docket, Environmental exempted inert ingredients from the list of North American Industrial Protection Agency Docket Center (EPA/ requirement of a tolerance based on the Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave. low toxicity of the individual inert not intended to be exhaustive, but rather NW., Washington, DC 20460–0001. ingredients. provides a guide to help readers • Hand Delivery: To make special determine whether this document arrangements for hand delivery or IV. Aggregate Risk Assessment and applies to them. Potentially affected delivery of boxed information, please Determination of Safety entities may include: follow the instructions at http:// Section 408(c)(2)(A)(i) of FFDCA • Crop production (NAICS code 111). www.epa.gov/dockets/contacts.html. allows EPA to establish an exemption • Animal production (NAICS code Additional instructions on from the requirement for a tolerance (the 112). commenting or visiting the docket, legal limit for a pesticide chemical • Food manufacturing (NAICS code along with more information about 311). residue in or on a food) only if EPA dockets generally, is available at http:// determines that the tolerance is ‘‘safe.’’ • Pesticide manufacturing (NAICS www.epa.gov/dockets. code 32532). Section 408(b)(2)(A)(ii) of FFDCA II. Petition for Exemption defines ‘‘safe’’ to mean that ‘‘there is a B. How can I get electronic access to In the Federal Register of April 25, reasonable certainty that no harm will other related information? 2016 (81 FR 24044) (FRL–9944–86), result from aggregate exposure to the You may access a frequently updated EPA issued a document pursuant to pesticide chemical residue, including electronic version of 40 CFR part 180 FFDCA section 408, 21 U.S.C. 346a, all anticipated dietary exposures and all through the Government Printing announcing the filing of a pesticide other exposures for which there is Office’s e-CFR site at http:// petition (IN–10846 for isobutyl acetate; reliable information.’’ This includes www.ecfr.gov/cgi-bin/text- IN–10852 for isobutyric acetate) by exposure through drinking water and in idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ Technology Sciences Group Inc., (1150 residential settings, but does not include 40tab_02.tpl.