81 FR 51425 - Notification of Submission to the Secretary of Agriculture; Procedural Rule Amendment; Required Use of Federal Register Notices
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 150 (August 4, 2016)
Federal Register Volume 81, Issue 150 (August 4, 2016)
| Page Range | 51425-51426 | |
| FR Document | 2016-18393 |
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)] [Proposed Rules] [Pages 51425-51426] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18393] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 152, 162, and 166 [EPA-HQ-OPP-2016-0103; FRL-9943-09] RIN 2070-AK06 Notification of Submission to the Secretary of Agriculture; Procedural Rule Amendment; Required Use of Federal Register Notices AGENCY: Environmental Protection Agency (EPA). ACTION: Notification of submission to the Secretary of Agriculture. ----------------------------------------------------------------------- SUMMARY: This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document concerning a Procedural Rule Amendment; Required Use of FR Notices. The draft regulatory document is not available to the public until after it has been signed and made available by EPA. DATES: See Unit I. under SUPPLEMENTARY INFORMATION. [[Page 51426]] ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2016-0103, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 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 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 http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Cameo G. Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- 0001; telephone number: (703) 305-5454; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. What action is EPA taking? Section 25(a)(2)(A) of FIFRA requires the EPA Administrator to provide the Secretary of USDA with a copy of any draft proposed rule at least 60 days before signing it in proposed form for publication in the Federal Register. The draft proposed rule is not available to the public until after it has been signed by EPA. If the Secretary of USDA comments in writing regarding the draft proposed rule within 30 days after receiving it, the EPA Administrator shall include the comments of the Secretary of USDA and the EPA Administrator's response to those comments with the proposed rule that publishes in the Federal Register. If the Secretary of USDA does not comment in writing within 30 days after receiving the draft proposed rule, the EPA Administrator may sign the proposed rule for publication in the Federal Register any time after the 30-day period. II. Do any statutory and executive order reviews apply to this notification? No. This document is merely a notification of submission to the Secretary of USDA. As such, none of the regulatory assessment requirements apply to this document. List of Subjects in Part 40 CFR Parts 152, 162 and 166 Environmental protection, Pesticides, Registration. Dated: July 26, 2016. Jack E. Housenger, Director, Office of Pesticide Programs. [FR Doc. 2016-18393 Filed 8-3-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules 51425
be a gift to the other partners, D has made (.25 x.50) interest in partnership Y, thus more the last sentence of paragraph (a)(2)(i),
a gift to each child of one-half of the excess than a 10 percent interest, but less than a 20 the third sentence of paragraph
of the value of the 32 percent limited partner percent interest, in partnership Y. (a)(2)(iii), the first and last sentences of
interest as determined in Example 5 over the Accordingly, under paragraph (b)(4)(i)(C) of
paragraph (a)(4), paragraph (a)(5), the
consideration received by D from the this section, A’s interest is disregarded for
partnership. purposes of determining whether D and D’s second and last sentences of paragraph
Example 8. D and D’s children, A and B, family hold the right to remove a restriction (c)(1), paragraph (c)(2)(i)(B), and
organize Limited Liability Company X under after the transfer (resulting in D and D’s Examples 4, 6 and 7 of paragraph (f),
the laws of State Y. D, A, and B each children being deemed to own 100 percent of apply to lapses of rights created after
contribute cash to X. Under the operating Y for this purpose). However, if D instead October 8, 1990, occurring on or after
agreement, X maintains a capital account for had transferred a 40 percent limited partner the date these regulations are published
each member. The capital accounts are interest in partnership X to D’s children, A’s as final regulations in the Federal
adjusted to reflect each member’s ownership of a 25 percent interest in Register.
contributions to and distributions from X and partnership X would not have been
each member’s share of profits and losses of (2) With respect to § 25.2704–2,
disregarded, with the result that D and D’s
X. On liquidation, capital account balances family would not have had the ability to paragraphs (a), (b), (c), (d), and (f), the
control distributions. Profits and losses are remove a restriction after the transfer. first sentence of paragraph (e), and
allocated on the basis of units issued to each Example 11. (i) D owns 85 of the Examples 1, 3 and 5 of paragraph (g)
member, which are not in proportion to outstanding shares of X, a corporation, and apply to transfers of property subject to
capital. D holds 98 units, A and B each hold A, an unrelated individual, owns the restrictions created after October 8,
1 unit. D is designated in the operating remaining 15 shares. Under X’s governing 1990, occurring on or after the date
agreement as the manager of X with the documents, the approval of the shareholders these regulations are published as final
ability to cause the liquidation of X. X is not holding 75 percent of the outstanding stock
a corporation. Under the laws of State Y, X regulations in the Federal Register.
is required to liquidate X. With the exception
is neither a partnership nor a limited (3) Section 25.2704–3 applies to
of nonfamily members, a shareholder may
partnership. D and D’s family have control of not withdraw from X. Nonfamily members transfers of property subject to
X because they hold at least 50 percent of the may withdraw on six months’ notice and restrictions created after October 8,
profits interests (or capital interests) of X. receive their interest’s share of the minimum 1990, occurring 30 or more days after
Further, D and D’s family have control of X value of X as defined in paragraph (b)(1)(ii) the date these regulations are published
because D holds an interest with the ability of this section. D transfers 10 shares to C, a as final regulations in the Federal
to cause the liquidation of X. charity. Four years later, D dies. D bequeaths Register.
Example 9. The facts are the same as in 10 shares to B, an unrelated individual, and
Example 8, except that, under the operating the remaining 65 shares to trusts for the John Dalrymple,
agreement, all distributions are made to benefit of D’s family. Deputy Commissioner for Services and
members based on the units held, which in (ii) The prohibition on withdrawal is a Enforcement.
turn is based on contributions to capital. restriction described in paragraph (b)(1)(i) of [FR Doc. 2016–18370 Filed 8–2–16; 11:15 am]
Further, X elects to be treated as a this section. In determining whether D’s
corporation for federal tax purposes. Under BILLING CODE P
estate and/or D’s family may remove the
§ 25.2701–2(b)(5), D and D’s family have restriction after the transfer occurring on D’s
control of X (which is not a corporation and, death, the interest of B is disregarded because
under local law, is not a partnership or it was not held by B for at least three years ENVIRONMENTAL PROTECTION
limited partnership) because they hold at prior to D’s death. The interests of A and C, AGENCY
least 50 percent of the capital interests in X. however, are not disregarded, because each
Further, D and D’s family have control of X held an interest of at least 10 percent for at 40 CFR Parts 152, 162, and 166
because D holds an interest with the ability least three years prior to D’s death, the total
to cause the liquidation of X. of those interests represents at least 20 [EPA–HQ–OPP–2016–0103; FRL–9943–09]
Example 10. D owns a 1 percent general percent of X, and each had the right to
partner interest and a 74 percent limited RIN 2070–AK06
withdraw on six months’ notice and receive
partner interest in Limited Partnership X, their interest’s share of the minimum value
which in turn holds a 50 percent limited Notification of Submission to the
of X. As a result, D and D’s family hold 65
partner interest in Limited Partnership Y and of the deemed total of 90 shares in X, or 72
Secretary of Agriculture; Procedural
a 50 percent limited partner interest in percent, which is less than the 75 percent Rule Amendment; Required Use of
Limited Partnership Z. D owns the remaining needed to liquidate X. Thus, D and D’s family Federal Register Notices
interests in partnerships Y and Z. A, an do not have the ability to remove the
unrelated individual, has owned a 25 percent restriction after the transfer, and section
AGENCY: Environmental Protection
limited partner interest in partnership X for 2704(b) does not apply in valuing D’s interest Agency (EPA).
more than 3 years. The governing documents in X for federal estate tax purposes. ACTION: Notification of submission to
of all three partnerships permit liquidation of the Secretary of Agriculture.
the entity on the agreement of the owners of ■ Par. 8. Newly designated § 25.2704–4
90 percent of the interests but, with the is amended as follows: SUMMARY: This document notifies the
exception of A’s interest, prohibit the ■ 1. The undesignated text is designated
public as required by the Federal
withdrawal of a limited partner. A may as paragraph (a). Insecticide, Fungicide, and Rodenticide
withdraw on 6-months’ notice and receive ■ 2. In the first and second sentences of
A’s interest’s share of the minimum value of Act (FIFRA) that the EPA Administrator
newly designated paragraph (a), the has forwarded to the Secretary of the
partnership X as defined in paragraph language ‘‘Section’’ is removed and the
(b)(1)(ii) of this section, which share includes United States Department of Agriculture
language ‘‘Except as provided in (USDA) a draft regulatory document
a share of the minimum value of partnership
paragraph (b) of this section, § ’’ is
rmajette on DSK2TPTVN1PROD with PROPOSALS
Y and of partnership Z. Under the governing concerning a Procedural Rule
documents of all three partnerships, the added in its place. Amendment; Required Use of FR
approval of all partners is required to amend ■ 3. Paragraph (b) is added.
Notices. The draft regulatory document
the documents. D transfers a 40 percent The addition reads as follows:
is not available to the public until after
limited partner interest in partnership Y to
§ 25.2704–4 Effective date. it has been signed and made available
D’s children. For purposes of determining
whether D and/or D’s family members have * * * * * by EPA.
the ability to remove a restriction after the (b)(1) With respect to § 25.2704–1, the DATES: See Unit I. under SUPPLEMENTARY
transfer, A is treated as owning a 12.5 percent first six sentences of paragraph (a)(1), INFORMATION.
VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\04AUP1.SGM 04AUP1](https://thefederalregister.org/doc/81_FR_51575/page/1.svg)
![51426 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules
ADDRESSES: The docket for this action, Dated: July 26, 2016. the comment period, may not be
identified by docket identification (ID) Jack E. Housenger, considered. All comments received are
number EPA–HQ–OPP–2016–0103, is Director, Office of Pesticide Programs. a part of the public record and will
available at http://www.regulations.gov [FR Doc. 2016–18393 Filed 8–3–16; 8:45 am] generally be posted for public viewing
or at the Office of Pesticide Programs BILLING CODE 6560–50–P
on www.regulations.gov without change.
Regulatory Docket (OPP Docket) in the All personal identifying information
Environmental Protection Agency (e.g., name, address, etc.) submitted
Docket Center (EPA/DC), West William DEPARTMENT OF COMMERCE voluntarily by the sender will be
Jefferson Clinton Bldg., Rm. 3334, 1301 publicly accessible. Do not submit
Constitution Ave. NW., Washington, DC National Oceanic and Atmospheric confidential business information, or
20460–0001. The Public Reading Room Administration otherwise sensitive or protected
is open from 8:30 a.m. to 4:30 p.m., information. NMFS will accept
Monday through Friday, excluding legal 50 CFR Chapters II, III, IV, V, and VI anonymous comments (enter ‘‘N/A’’ in
holidays. The telephone number for the the required fields if you wish to remain
Public Reading Room is (202) 566–1744, RIN 0648–XE742 anonymous).
and the telephone number for the OPP Plan for Periodic Review of FOR FURTHER INFORMATION CONTACT: Tara
Docket is (703) 305–5805. Please review Regulations Scott, (301) 427–8579.
the visitor instructions and additional SUPPLEMENTARY INFORMATION:
information about the docket available AGENCY: National Marine Fisheries
at http://www.epa.gov/dockets. Service (NMFS), National Oceanic and Background
FOR FURTHER INFORMATION CONTACT: Atmospheric Administration (NOAA), The RFA, 5 U.S.C. 601 et seq.,
Cameo G. Smoot, Field and External Commerce. requires that Federal agencies take into
Affairs Division (7506P), Office of ACTION: Notice of regulatory review; account how their regulations affect
Pesticide Programs, Environmental request for comments. ‘‘small entities,’’ including small
Protection Agency, 1200 Pennsylvania businesses, small Governmental
SUMMARY: The Regulatory Flexibility Act
Ave. NW., Washington, DC 20460–0001; jurisdictions and small organizations.
telephone number: (703) 305–5454; (RFA) requires that NMFS periodically
For regulations proposed after January
email address: smoot.cameo@epa.gov. review existing regulations that have a
1, 1981, the agency must either prepare
significant economic impact on a
SUPPLEMENTARY INFORMATION: a Regulatory Flexibility Analysis or
substantial number of small entities,
certify that the regulation, if
I. What action is EPA taking? such as small businesses, small
promulgated, will not have a significant
organizations, and small governmental
Section 25(a)(2)(A) of FIFRA requires economic impact on a substantial
jurisdictions. This plan describes how
the EPA Administrator to provide the number of small entities. Section 602 of
NMFS will perform this review and
Secretary of USDA with a copy of any the RFA requires that NMFS issue an
describes the regulations that are being
draft proposed rule at least 60 days Agenda of Regulations identifying rules
proposed for review during the current
before signing it in proposed form for the Agency is developing that are likely
review cycle.
publication in the Federal Register. The to have a significant economic impact
draft proposed rule is not available to DATES: Written comments must be on a substantial number of small
the public until after it has been signed received by NMFS by September 6, entities.
by EPA. If the Secretary of USDA 2016. Section 610 of the RFA requires
comments in writing regarding the draft ADDRESSES: You may submit comments Federal agencies to review existing
proposed rule within 30 days after on this document, identified by NOAA– regulations. It requires that NMFS
receiving it, the EPA Administrator NMFS–2016–0099, by any of the publish a plan in the Federal Register
shall include the comments of the following methods: explaining how it will review its
Secretary of USDA and the EPA • Electronic Submission: Submit all existing regulations which have or will
Administrator’s response to those electronic public comments via the have a significant economic impact on
comments with the proposed rule that Federal e-Rulemaking Portal. Go to a substantial number of small entities.
publishes in the Federal Register. If the http://www.regulations.gov/ Regulations that become effective after
Secretary of USDA does not comment in #!docketDetail;D=NOAA-NMFS-2016- January 1, 1981, must be reviewed
writing within 30 days after receiving 0099, click the ‘‘Comment Now!’’ icon, within 10 years of the publication date
the draft proposed rule, the EPA complete the required fields, and enter of the final rule. Section 610(c) requires
Administrator may sign the proposed or attach your comments. that NMFS annually publish a list of
rule for publication in the Federal • Mail: Submit written comments to final rules it will review during the
Register any time after the 30-day Tara Scott, National Marine Fisheries succeeding 12 months in the Federal
period. Service, NOAA, Office of Sustainable Register. The list must describe, explain
Fisheries, 1315 East-West Highway, the need for, and provide the legal basis
II. Do any statutory and executive order Silver Spring, MD 20910 (mark outside for the rule, as well as invite public
reviews apply to this notification? of envelope ‘‘Comments on 610 comment on the rule.
No. This document is merely a Review’’).
• Fax: 301–713–1193; Attn: Tara Criteria for Review of Existing
notification of submission to the
Regulations
rmajette on DSK2TPTVN1PROD with PROPOSALS
Secretary of USDA. As such, none of the Scott.
regulatory assessment requirements Instructions: Comments must be The purpose of the review is to
apply to this document. submitted by one of the above methods determine whether existing rules should
to ensure that the comments are be left unchanged, or whether they
List of Subjects in Part 40 CFR Parts received, documented, and considered should be revised or rescinded in order
152, 162 and 166 by NMFS. Comments sent by any other to minimize significant economic
Environmental protection, Pesticides, method, to any other address or impacts on a substantial number of
Registration. individual, or received after the end of small entities, consistent with the
VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\04AUP1.SGM 04AUP1](https://thefederalregister.org/doc/81_FR_51575/page/2.svg)
Document Created: 2016-08-04 02:53:43
Document Modified: 2016-08-04 02:53:43
| 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 | Proposed Rules | |
| Action | Notification of submission to the Secretary of Agriculture. | |
| Dates | See Unit I. under SUPPLEMENTARY INFORMATION. | |
| Contact | Cameo G. Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460- | |
| FR Citation | 81 FR 51425 | |
| RIN Number | 2070-AK06 | |
| CFR Citation | 40
CFR
152 40 CFR 162 40 CFR 166 | |
| CFR Associated | Environmental Protection; Pesticides and Registration |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR