81 FR 14393 - Protection of Stratospheric Ozone: The 2016 Critical Use Exemption From the Phaseout of Methyl Bromide; Correction
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 52 (March 17, 2016)
Federal Register Volume 81, Issue 52 (March 17, 2016)
| Page Range | 14393-14395 | |
| FR Document | 2016-06065 |
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)] [Rules and Regulations] [Pages 14393-14395] From the Federal Register Online [www.thefederalregister.org] [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 [email protected]. 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
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ENVIRONMENTAL PROTECTION the methyl bromide critical use cause for making today’s action final
AGENCY exemption, other Stratospheric Ozone without prior proposal and opportunity
Protection regulations, the science of for comment because the changes to the
40 CFR Part 82 ozone layer depletion, and related rule are minor technical corrections and
[EPA–HQ–OAR–2013–0369; FRL–9943–91– topics. do not impose new requirements. Thus,
OAR] SUPPLEMENTARY INFORMATION: notice and public procedure are
unnecessary. We find that this
RIN 2060–AS44 I. General Information constitutes good cause under 5 U.S.C.
A. Does this action apply to me? 553(b)(B).
Protection of Stratospheric Ozone: The This rule is subject to the rulemaking
2016 Critical Use Exemption From the Entities and categories of entities procedures in section 553 of the APA.
Phaseout of Methyl Bromide; potentially regulated by this action Section 553(d) of the APA generally
Correction include producers, importers, and provides that rules may not take effect
AGENCY: Environmental Protection exporters of methyl bromide; earlier than 30 days after they are
Agency (EPA). applicators and distributors of methyl published in the Federal Register.
bromide; and users of methyl bromide. Section 553(d)(3) allows an agency,
ACTION: Final rule; technical correction.
This list is not intended to be upon a finding of good cause, to make
SUMMARY: The Environmental Protection exhaustive, but rather to provide a guide a rule effective less than 30 days after
Agency (EPA) published a final rule in for readers regarding entities likely to be publication. The purpose of the 30-day
the Federal Register of October 15, regulated by this action. To determine waiting period prescribed in section
2015, issuing critical use allowances for whether your facility, company, 553(d) is to give affected parties a
2016 and making non-substantive business, or organization could be reasonable time to adjust their behavior
corrections to the quarantine and regulated by this action, you should and prepare before the final rule takes
preshipment recordkeeping and carefully examine the regulations effect. Because today’s changes restore
reporting requirements. This document promulgated at 40 CFR part 82, subpart pre-existing provisions that are already
restores provisions that were A. If you have questions regarding the familiar to affected parties, we find good
inadvertently removed by that final rule. applicability of this action to a cause to make these technical
DATES: This rule is effective March 17, particular entity, consult the person corrections effective immediately.
2016. listed in the preceding section.
IV. Statutory and Executive Order and
ADDRESSES: EPA has established a II. What does this correction do? Statutory Reviews
docket for this action under Docket ID In a final rule EPA published in the
No. EPA–HQ–OAR–2013–0369. All This final rule implements a technical
Federal Register of October 15, 2015, correction to the Code of Federal
documents in the docket are listed on (80 FR 61985) EPA made two technical
the www.regulations.gov Web site. Regulations, and it does not otherwise
corrections to the quarantine and impose or amend any requirements.
Although listed in the index, some preshipment recordkeeping and
information is not publicly available, reporting provisions in section 82.13(y) A. Executive Order 12866: Regulatory
e.g., confidential business information and (z). As discussed in that final rule, Planning and Review and Executive
(CBI) or other information whose section 82.13(y) contained a reference to Order 13563: Improving Regulation and
disclosure is restricted by statute. paragraph (aa) where it should reference Regulatory Review
Certain other material, such as paragraph (y). Similarly, section This action is not a significant
copyrighted material, is not placed on 82.13(z) contained a reference to regulatory action and was therefore not
the Internet and is publicly available paragraph (bb) where it should reference submitted to the Office of Management
only in hard copy form. Publicly paragraph (z). That rule corrected the and Budget (OMB) for review.
available docket materials are available typographical error and was not
either electronically through intended to substantively change the B. Paperwork Reduction Act (PRA)
www.regulations.gov or in hard copy at recordkeeping and reporting This action does not impose any new
the Air and Radiation Docket, EPA/DC, requirements or the quarantine and information collection burden under the
EPA West, Room 3334, 1301 preshipment exemption program. In PRA. OMB has previously approved the
Constitution Ave. NW., Washington, making that edit, that rule inadvertently information collection activities
DC. The Public Reading Room is open removed subparagraphs (y)(1)–(4) and contained in the existing regulations
from 8:30 a.m. to 4:30 p.m., Monday (z)(1)–(2). This correction restores those and has assigned OMB control number
through Friday, excluding legal subparagraphs under (y) and (z). The 2060–0482. The application,
holidays. The telephone number for the corrections will become effective recordkeeping, and reporting
Public Reading Room is (202) 566–1744, immediately (without further requirements have already been
and the telephone number for the Air rulemaking action) on March 17, 2016. established under previous methyl
and Radiation Docket is (202) 566–1742. bromide rulemakings.
FOR FURTHER INFORMATION CONTACT: III. Why is this correction issued as a
Jeremy Arling, Stratospheric Protection final rule? C. Regulatory Flexibility Act (RFA)
Division, Office of Atmospheric Section 553(b)(B) of the This action is not subject to the RFA.
Programs, Mail Code 6205T, 1200 Administrative Procedure Act (APA), 5 The RFA applies only to rules subject to
asabaliauskas on DSK3SPTVN1PROD with RULES
Pennsylvania Avenue NW., Washington, U.S.C. 553(b)(B), provides that, when an notice and comment rulemaking
DC 20460; telephone number (202) 343– agency for good cause finds that notice requirements under the Administrative
9055; email address arling.jeremy@ and public procedure are impracticable, Procedure Act (APA), 5 U.S.C. 553, or
epa.gov. You may also visit the methyl unnecessary, or contrary to the public any other statute. This rule is not
bromide section of the Ozone Depletion interest, the agency may issue a rule subject to notice and comment
Web site of EPA’s Stratospheric without providing notice and an requirements because the Agency has
Protection Division at www.epa.gov/ opportunity for public comment. We invoked the APA ‘‘good cause’’
ozone/mbr for further information about have determined that there is good exemption under 5 U.S.C. 553(b).
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![Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations 14395
requirements specified in this paragraph a notice of this will be provided by flood) may be provided for construction
(z). publication in the Federal Register on a or acquisition of buildings in identified
(1) Recordkeeping—Applicators. subsequent date. Also, information SFHAs for communities not
Every applicator of class I, Group VI identifying the current participation participating in the NFIP and identified
controlled substances produced or status of a community can be obtained for more than a year on FEMA’s initial
imported solely for quarantine and from FEMA’s Community Status Book FIRM for the community as having
preshipment applications under the (CSB). The CSB is available at http:// flood-prone areas (section 202(a) of the
exemptions of this subpart must www.fema.gov/fema/csb.shtm. Flood Disaster Protection Act of 1973,
maintain, for every application, a DATES: The effective date of each 42 U.S.C. 4106(a), as amended). This
document from the commodity owner, community’s scheduled suspension is prohibition against certain types of
shipper or their agent requesting the use the third date (‘‘Susp.’’) listed in the Federal assistance becomes effective for
of class I, Group VI controlled third column of the following tables. the communities listed on the date
substances citing the regulatory FOR FURTHER INFORMATION CONTACT: If shown in the last column. The
requirement that justifies its use in you want to determine whether a Administrator finds that notice and
accordance with definitions in this particular community was suspended public comment procedures under 5
subpart. These documents shall be on the suspension date or for further U.S.C. 553(b), are impracticable and
retained for 3 years. information, contact Patricia Suber, unnecessary because communities listed
(2) Reporting—Applicators. Every in this final rule have been adequately
Federal Insurance and Mitigation
applicator of class I, Group VI Administration, Federal Emergency notified.
controlled substances who purchases or Management Agency, 500 C Street SW., Each community receives 6-month,
receives a quantity of class I, Group VI Washington, DC 20472, (202) 646–4149. 90-day, and 30-day notification letters
controlled substance that was produced addressed to the Chief Executive Officer
SUPPLEMENTARY INFORMATION: The NFIP
or imported solely for quarantine and stating that the community will be
enables property owners to purchase
preshipment applications under the suspended unless the required
Federal flood insurance that is not
exemptions in this subpart shall provide floodplain management measures are
otherwise generally available from
the distributor of the methyl bromide, met prior to the effective suspension
private insurers. In return, communities
prior to shipment of the class I, Group date. Since these notifications were
agree to adopt and administer local
VI controlled substance, with a made, this final rule may take effect
floodplain management measures aimed
certification that the quantity of within less than 30 days.
at protecting lives and new construction
controlled substances will be used only National Environmental Policy Act.
from future flooding. Section 1315 of
for quarantine and preshipment This rule is categorically excluded from
the National Flood Insurance Act of
applications as defined in this subpart. 1968, as amended, 42 U.S.C. 4022, the requirements of 44 CFR part 10,
* * * * * prohibits the sale of NFIP flood Environmental Considerations. No
[FR Doc. 2016–06065 Filed 3–16–16; 8:45 am]
insurance unless an appropriate public environmental impact assessment has
BILLING CODE 6560–50–P body adopts adequate floodplain been prepared.
management measures with effective Regulatory Flexibility Act. The
enforcement measures. The Administrator has determined that this
DEPARTMENT OF HOMELAND communities listed in this document no rule is exempt from the requirements of
SECURITY longer meet that statutory requirement the Regulatory Flexibility Act because
for compliance with program the National Flood Insurance Act of
Federal Emergency Management regulations, 44 CFR part 59. 1968, as amended, Section 1315, 42
Agency Accordingly, the communities will be U.S.C. 4022, prohibits flood insurance
suspended on the effective date in the coverage unless an appropriate public
44 CFR Part 64 third column. As of that date, flood body adopts adequate floodplain
[Docket ID FEMA–2016–0002; Internal insurance will no longer be available in management measures with effective
Agency Docket No. FEMA–8423] the community. We recognize that some enforcement measures. The
of these communities may adopt and communities listed no longer comply
Suspension of Community Eligibility submit the required documentation of with the statutory requirements, and
AGENCY: Federal Emergency legally enforceable floodplain after the effective date, flood insurance
Management Agency, DHS. management measures after this rule is will no longer be available in the
published but prior to the actual communities unless remedial action
ACTION: Final rule.
suspension date. These communities takes place.
SUMMARY: This rule identifies will not be suspended and will continue Regulatory Classification. This final
communities where the sale of flood to be eligible for the sale of NFIP flood rule is not a significant regulatory action
insurance has been authorized under insurance. A notice withdrawing the under the criteria of section 3(f) of
the National Flood Insurance Program suspension of such communities will be Executive Order 12866 of September 30,
(NFIP) that are scheduled for published in the Federal Register. 1993, Regulatory Planning and Review,
suspension on the effective dates listed In addition, FEMA publishes a Flood 58 FR 51735.
within this rule because of Insurance Rate Map (FIRM) that Executive Order 13132, Federalism.
noncompliance with the floodplain identifies the Special Flood Hazard This rule involves no policies that have
asabaliauskas on DSK3SPTVN1PROD with RULES
management requirements of the Areas (SFHAs) in these communities. federalism implications under Executive
program. If the Federal Emergency The date of the FIRM, if one has been Order 13132.
Management Agency (FEMA) receives published, is indicated in the fourth Executive Order 12988, Civil Justice
documentation that the community has column of the table. No direct Federal Reform. This rule meets the applicable
adopted the required floodplain financial assistance (except assistance standards of Executive Order 12988.
management measures prior to the pursuant to the Robert T. Stafford Paperwork Reduction Act. This rule
effective suspension date given in this Disaster Relief and Emergency does not involve any collection of
rule, the suspension will not occur and Assistance Act not in connection with a information for purposes of the
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Document Created: 2016-03-17 00:58:35
Document Modified: 2016-03-17 00:58:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical correction. | |
| Dates | This rule is effective March 17, 2016. | |
| Contact | Jeremy Arling, Stratospheric Protection Division, Office of Atmospheric Programs, Mail Code 6205T, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number | |
| FR Citation | 81 FR 14393 | |
| RIN Number | 2060-AS44 | |
| CFR Associated | Environmental Protection; Chemicals; Exports; Imports and Ozone Depletion |
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