81 FR 72537 - Fluridone; Pesticide Tolerances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 203 (October 20, 2016)

Page Range		72537-72539
FR Document		2016-25291
This regulation establishes a tolerance for residues of fluridone in or on cotton gin byproducts. SePRO Corporation requested the tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Federal Register, Volume 81 Issue 203 (Thursday, October 20, 2016)
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72537-72539]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25291]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2016-0325; FRL-9951-81]


Fluridone; Pesticide Tolerances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This regulation establishes a tolerance for residues of 
fluridone in or on cotton gin byproducts. SePRO Corporation requested 
the tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).

DATES: This regulation is effective October 20, 2016. Objections and 
requests for hearings must be received on or before December 19, 2016, 
and must be filed in accordance with the instructions provided in 40 
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2016-0325, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public 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: Michael Goodis, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of EPA's 
tolerance regulations at 40 CFR part 180 through the Government 
Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an 
objection to any aspect of this regulation

[[Page 72538]]

and may also request a hearing on those objections. You must file your 
objection or request a hearing on this regulation in accordance with 
the instructions provided in 40 CFR part 178. To ensure proper receipt 
by EPA, you must identify docket ID number EPA-HQ-OPP-2016-0325 in the 
subject line on the first page of your submission. All objections and 
requests for a hearing must be in writing, and must be received by the 
Hearing Clerk on or before December 19, 2016. Addresses for mail and 
hand delivery of objections and hearing requests are provided in 40 CFR 
178.25(b).
    In addition to filing an objection or hearing request with the 
Hearing Clerk as described in 40 CFR part 178, please submit a copy of 
the filing (excluding any Confidential Business Information (CBI)) for 
inclusion in the public docket. Information not marked confidential 
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without 
prior notice. Submit the non-CBI copy of your objection or hearing 
request, identified by docket ID number EPA-HQ-OPP-2016-0325, by one of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be CBI or other 
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Summary of Petitioned-for Tolerance

    In the Federal Register of July 20, 2016 (81 FR 47150) (FRL-9948-
45), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP# 
6F8451) by SePRO Corporation, 11550 North Meridian Street, Suite 600, 
Carmel, IN 46032. The petition requested that 40 CFR part 180 be 
amended by establishing a tolerance for residues of the herbicide 
fluridone in or on cotton, gin byproducts at 0.1 ppm. That document 
referenced a summary of the petition prepared SePRO, the registrant, 
which is available in the docket EPA-HQ-OPP-2016-0325 at http://www.regulations.gov. No comments were received in response to the 
notice of filing.

III. Aggregate Risk Assessment and Determination of Safety

    Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a 
tolerance (the legal limit for a pesticide chemical residue in or on a 
food) only if EPA determines that the tolerance is ``safe.'' Section 
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the pesticide chemical residue, including all anticipated dietary 
exposures and all other exposures for which there is reliable 
information.'' This includes exposure through drinking water and in 
residential settings, but does not include occupational exposure. 
Section 408(b)(2)(C) of FFDCA requires EPA to give special 
consideration to exposure of infants and children to the pesticide 
chemical residue in establishing a tolerance and to ``ensure that there 
is a reasonable certainty that no harm will result to infants and 
children from aggregate exposure to the pesticide chemical residue. . . 
.''
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the 
available scientific data and other relevant information in support of 
this action. EPA has sufficient data to assess the hazards of and to 
make a determination on aggregate exposure for fluridone in or on 
cotton gin byproducts, consistent with FFDCA section 408(b)(2).
    In the Federal Register of February 17, 2016 (81 FR 7982) (FRL-
9941-69), EPA established a tolerance for residues of fluridone in or 
on cotton, undelinted seed. EPA is relying upon the risk assessments 
that supported the findings made in the February 17, 2016 Federal 
Register document in support of this action. The toxicity profile of 
fluridone has not changed, and the previous risk assessments that 
supported the establishment of that tolerance remain valid.
    For the February 17, 2016 action, the petitioner did not propose a 
tolerance for residues of fluridone on cotton gin byproducts, however, 
the Agency determined that a cotton gin byproduct tolerance was needed 
to cover the cotton raw agricultural commodities (RAC). The commodity 
``cotton gin byproducts'' was included in the risk assessments that 
supported the February 17, 2016 Final Rule, but because they were not 
proposed by the registrant, they could not be established at that time. 
The registrant has subsequently proposed the cotton gin byproducts 
tolerance and therefore, the tolerance can now be established.
    EPA concludes that the aggregate exposure and risk estimates 
presented in the most recent human health risk assessment document, 
which were not of concern to the Agency, adequately account for 
exposures and risk resulting from all fluridone uses including cotton 
gin byproducts.
    Therefore, EPA relies upon the findings made in the February 17, 
2016, Federal Register document in support of this rule. EPA concludes 
that there is a reasonable certainty that no harm will result to the 
general population, or to infants and children from aggregate exposure 
to fluridone residues.
    For a detailed discussion of the aggregate risk assessments and 
determination of safety for these tolerances, please refer to the 
February 17, 2016, Federal Register document and its supporting 
documents, available at http://www.regulations.gov in docket ID number 
EPA-HQ-OPP-2014-0913.

IV. Other Considerations

A. Analytical Enforcement Methodology

    Adequate enforcement methodology high performance liquid 
chromatography (HPLC) method (originally submitted as method AM-AA-CA-
RO52-AA-755) is available in the Pesticide Analytical Manual (PAM) 
Volume II for residues of fluridone in plant commodities.

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    There is no Codex MRL for fluridone residues in or on cotton.

V. Conclusion

    Therefore, a tolerance is established for residues of fluridone, 1-
methyl-3-

[[Page 72539]]

phenyl-5-(3-(trifluoromethyl)phenyl)-4(1H)-pyridinone, in or on cotton, 
gin byproducts at 0.1 ppm.

VI. Statutory and Executive Order Reviews

    This action establishes tolerances 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 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 tolerances 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).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: October 7, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.


0
2. In Sec.  180.420, in paragraph (a)(2) add an entry ``Cotton, gin 
byproducts'' in alphabetical order to read as follows:


Sec.  180.420  Fluridone; tolerances for residues.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                             Parts per
                        Commodity                             million
------------------------------------------------------------------------
 
                                * * * * *
Cotton, gin byproducts..................................             0.1
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-25291 Filed 10-19-16; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72537

PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq. Review’’ by revising the entry for
PROMULGATION OF ‘‘Section 2.0’’ to read as follows:
Subpart I—Delaware
IMPLEMENTATION PLANS
§ 52.420 Identification of plan.
■ 2. In § 52.420, the table in paragraph
■ 1. The authority citation for part 52 * * * * *
(c) is amended under the heading ‘‘1125
continues to read as follows: Requirements for Preconstruction (c) * * *

EPA-APPROVED REGULATIONS AND STATUTES IN THE DELAWARE SIP
State
State regulation Title/subject effective EPA approval date Additional explanation
(7 DNREC 1100) date

* * * * * * *

1125 Requirements for Preconstruction Review

* * * * * * *
Section 2.0 ............................... Emission Offset Provisions 2/11/12 10/2/12, 77 FR 60053 ............ Added Section 2.2.5, 2.4.3.3
(EOP) including sections and 2.5.7.
1.0 through 3.16.4.
Sections 2.5.5 and 2.5.6 ........ 9/11/2013 10/20/2016 [Insert Federal Disapproval. See 40 CFR
Register citation]. 52.433(a).

* * * * * * *

* * * * * ACTION: Final rule. DC 20460–0001; main telephone
■ 3. Add § 52.433 to read as follows: number: (703) 305–7090; email address:
SUMMARY: This regulation establishes a RDFRNotices@epa.gov.
§ 52.433 Nonattainment new source tolerance for residues of fluridone in or
SUPPLEMENTARY INFORMATION:
review. on cotton gin byproducts. SePRO
(a) Disapproval. EPA is disapproving Corporation requested the tolerance I. General Information
Delaware’s October 15, 2013 submittal under the Federal Food, Drug, and
Cosmetic Act (FFDCA). A. Does this action apply to me?
of revisions to 7 DNREC 1125, sections
2.5.5 and 2.5.6 because it does not meet DATES: This regulation is effective You may be potentially affected by
Clean Air Act (CAA) requirements October 20, 2016. Objections and this action if you are an agricultural
which establish the criteria under which requests for hearings must be received producer, food manufacturer, or
the owner or operator of a new or on or before December 19, 2016, and pesticide manufacturer. The following
modified major stationary source must must be filed in accordance with the list of North American Industrial
obtain the required emission offsets for instructions provided in 40 CFR part Classification System (NAICS) codes is
the nonattainment new source review 178 (see also Unit I.C. of the not intended to be exhaustive, but rather
(NSR) preconstruction permitting SUPPLEMENTARY INFORMATION). provides a guide to help readers
program and because Delaware ADDRESSES: The docket for this action, determine whether this document
exercises authorities that are reserved identified by docket identification (ID) applies to them. Potentially affected
for EPA under section 107 of the CAA. number EPA–HQ–OPP–2016–0325, is entities may include:
available at http://www.regulations.gov • Crop production (NAICS code 111).
Delaware’s Federally-approved • Animal production (NAICS code
nonattainment NSR preconstruction or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket) 112).
program in 7 DNREC 1125, sections 1.0 • Food manufacturing (NAICS code
through 3.16.4, effective in Delaware on in the Environmental Protection Agency
311).
February 11, 2012, was fully-approved Docket Center (EPA/DC), West William
• Pesticide manufacturing (NAICS
by EPA on October 2, 2012 and Jefferson Clinton Bldg., Rm. 3334, 1301
code 32532).
continues to apply. Constitution Ave. NW., Washington, DC
(b) [Reserved] 20460–0001. The Public Reading Room B. How can I get electronic access to
[FR Doc. 2016–24657 Filed 10–19–16; 8:45 am]
is open from 8:30 a.m. to 4:30 p.m., other related information?
Monday through Friday, excluding legal You may access a frequently updated
BILLING CODE 6560–50–P
holidays. The telephone number for the electronic version of EPA’s tolerance
Public Reading Room is (202) 566–1744, regulations at 40 CFR part 180 through
ENVIRONMENTAL PROTECTION and the telephone number for the OPP the Government Printing Office’s e-CFR
AGENCY Docket is (703) 305–5805. Please review site at http://www.ecfr.gov/cgi-bin/text-
asabaliauskas on DSK3SPTVN1PROD with RULES

the visitor instructions and additional idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40 CFR Part 180 information about the docket available 40tab_02.tpl.
at http://www.epa.gov/dockets.
[EPA–HQ–OPP–2016–0325; FRL–9951–81] FOR FURTHER INFORMATION CONTACT: C. How can I file an objection or hearing
Michael Goodis, Registration Division request?
Fluridone; Pesticide Tolerances
(7505P), Office of Pesticide Programs, Under FFDCA section 408(g), 21
AGENCY: Environmental Protection Environmental Protection Agency, 1200 U.S.C. 346a, any person may file an
Agency (EPA). Pennsylvania Ave. NW., Washington, objection to any aspect of this regulation

VerDate Sep<11>2014 15:55 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1
Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72539

phenyl-5-(3-(trifluoromethyl)phenyl)- to this action. In addition, this action SURFACE TRANSPORTATION BOARD
4(1H)-pyridinone, in or on cotton, gin does not impose any enforceable duty or
byproducts at 0.1 ppm. contain any unfunded mandate as 49 CFR Part 1022
described under Title II of the Unfunded [Docket No. EP 716 (Sub-No. 1)]
VI. Statutory and Executive Order
Mandates Reform Act (UMRA) (2 U.S.C.
Reviews
1501 et seq.). Civil Monetary Penalty Inflation
This action establishes tolerances Adjustment Rule
under FFDCA section 408(d) in This action does not involve any
response to a petition submitted to the technical standards that would require AGENCY: Surface Transportation Board.
Agency. The Office of Management and Agency consideration of voluntary
ACTION: Interim final rule.
Budget (OMB) has exempted these types consensus standards pursuant to section
of actions from review under Executive 12(d) of the National Technology SUMMARY: The Surface Transportation
Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act Board (Board) is issuing an interim final
Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). rule to adjust the Board’s civil monetary
October 4, 1993). Because this action VII. Congressional Review Act penalties for inflation pursuant to the
has been exempted from review under Federal Civil Penalties Inflation
Executive Order 12866, this action is Pursuant to the Congressional Review Adjustment Act Improvements Act of
not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will 2015. As mandated by that act, the
entitled ‘‘Actions Concerning submit a report containing this rule and Board is issuing a ‘‘catch-up
Regulations That Significantly Affect other required information to the U.S. adjustment’’ for its penalties and will
Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of thereafter make annual inflation
FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller adjustments according to a specified
Order 13045, entitled ‘‘Protection of General of the United States prior to formula.
Children from Environmental Health publication of the rule in the Federal DATES: This interim final rule is
Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major effective on October 20, 2016.
April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2).
FOR FURTHER INFORMATION CONTACT:
contain any information collections
List of Subjects in 40 CFR Part 180 Allison Davis: (202) 245–0378. Federal
subject to OMB approval under the
Information Relay Service (FIRS) for the
Paperwork Reduction Act (PRA) (44 Environmental protection, hearing impaired: 1–800–877–8339.
U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure,
any special considerations under SUPPLEMENTARY INFORMATION:
Agricultural commodities, Pesticides
Executive Order 12898, entitled and pests, Reporting and recordkeeping I. Background
‘‘Federal Actions to Address requirements.
Environmental Justice in Minority On November 2, 2015, the President
Populations and Low-Income Dated: October 7, 2016. signed the Federal Civil Penalties
Populations’’ (59 FR 7629, February 16, Daniel J. Rosenblatt, Inflation Adjustment Act Improvements
1994). Acting Director, Registration Division, Office
Act of 2015 (2015 Act), passed as part
Since tolerances and exemptions that of Pesticide Programs. of the Bipartisan Budget Act of 2015,
are established on the basis of a petition Public Law 114–74, 129 Stat. 599. The
under FFDCA section 408(d), such as Therefore, 40 CFR chapter I is 2015 Act further amended the Federal
the tolerances in this final rule, do not amended as follows: Civil Penalties Inflation Adjustment Act
require the issuance of a proposed rule, of 1990 (1990 Act), Public Law 101–410,
the requirements of the Regulatory PART 180—[AMENDED] 104 Stat. 890 (codified as amended at 28
Flexibility Act (RFA) (5 U.S.C. 601 et U.S.C. 2461 note), as previously
seq.), do not apply. ■ 1. The authority citation for part 180 amended by the Debt Collection
This action directly regulates growers, continues to read as follows: Improvement Act of 1996 (1996 Act),
food processors, food handlers, and food Public Law 104–134, 110 Stat. 1321, in
Authority: 21 U.S.C. 321(q), 346a and 371.
retailers, not States or tribes, nor does order to improve the effectiveness of
this action alter the relationships or ■ 2. In § 180.420, in paragraph (a)(2) add civil monetary penalties and to maintain
distribution of power and an entry ‘‘Cotton, gin byproducts’’ in their deterrent effect.1
responsibilities established by Congress alphabetical order to read as follows: The 1996 Act required each federal
in the preemption provisions of FFDCA agency to adopt regulations at least once
section 408(n)(4). As such, the Agency § 180.420 Fluridone; tolerances for every four years that adjust for inflation
has determined that this action will not residues. the maximum amount of civil monetary
have a substantial direct effect on States penalties under the statutes
(a) * * *
or tribal governments, on the administered by the agency. In
relationship between the national (2) * * * accordance with the 1996 Act, the Board
government and the States or tribal increased its existing civil monetary
Parts per penalties, which had not been adjusted
governments, or on the distribution of Commodity million
power and responsibilities among the for inflation since they were prescribed
various levels of government or between
asabaliauskas on DSK3SPTVN1PROD with RULES

1 A ‘‘civil monetary penalty’’ is defined by the
the Federal Government and Indian * * * * *
1990 Act as: ‘‘any penalty, fine, or other sanction
tribes. Thus, the Agency has determined Cotton, gin byproducts ......... 0.1 that—(A)(i) is for a specific monetary amount as
that Executive Order 13132, entitled provided by Federal law; or (ii) has a maximum
‘‘Federalism’’ (64 FR 43255, August 10, * * * * * amount provided for by Federal law; and (B) is
1999) and Executive Order 13175, assessed or enforced by an agency pursuant to
* * * * * Federal law; and (C) is assessed or enforced
entitled ‘‘Consultation and Coordination pursuant to an administrative proceeding or a civil
with Indian Tribal Governments’’ (65 FR [FR Doc. 2016–25291 Filed 10–19–16; 8:45 am]
action in the Federal courts.’’ See also 49 CFR
67249, November 9, 2000) do not apply BILLING CODE 6560–50–P 1022.2(b).

VerDate Sep<11>2014 15:55 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1
Document Created: 2016-10-21 09:59:16
Document Modified: 2016-10-21 09:59:16
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.
Dates		This regulation is effective October 20, 2016. Objections and requests for hearings must be received on or before December 19, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
Contact		Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
FR Citation		81 FR 72537
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements