Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17611 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0253; FRL–8866–6] 

Propylene Oxide; Proposed Pesticide 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend the propylene oxide tolerance on 

‘‘nut, tree, group 14’’ to ‘‘nutmeat, 

processed, except peanuts’’ to correct an 

error in a prior rulemaking. 

DATES: Comments must be received on 

or before April 14, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2005–0253, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2005– 

0253. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Heather Garvie, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave, NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0034; e-mail address: 

garvie.heather@epa.gov. 

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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. This Proposal 

In this action, EPA is proposing to 

amend the propylene oxide tolerance 

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17612 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 

(40 CFR 180.491) on ‘‘nut, tree, group 

14’’ to read ‘‘nutmeat, processed, except 

peanuts.’’ A final rule published in the 

Federal Register of September 24, 2008 

(73 FR 54954) (FRL–8382–2). EPA took 

the opposite action—amending the 

propylene oxide tolerance by replacing 

‘‘nutmeat, processed, except peanuts’’ 

with ‘‘nut, tree, group 14.’’ EPA 

explained that its 2008 action was taken 

to ‘‘conform’’ the commodity terms in 

the propylene oxide tolerances with 

‘‘current Agency practice.’’ A proposed 

rule was published in the Federal 

Register of June 4, 2008 (73 FR 31788, 

317990) (FRL–8363–9). The 

Reregistration Eligibility Decision for 

propylene oxide further explained that 

although ‘‘no change to the current 

tolerance level is required for nutmeat 

(processed, except peanuts),’’ * * * 

‘‘corrections need to be made to some of 

the existing commodity definitions’’ 

including changing the nutmeats 

tolerance to a tree nut group tolerance. 

EPA, published a notice, Reregistration 

Eligibility Decision for Propylene Oxide, 

in the Federal Register of August 9, 

2006 (71 FR 45555) (FRL–8066–9). 

Despite these explanations that the 

change to the nutmeats tolerance was a 

conforming technical correction without 

substantive effect, the changed tolerance 

terminology is significantly different 

than the commodity term it replaced. 

Crop Group 14 (tree nuts) applies to a 

specific list of raw nuts. On its face, 

‘‘nutmeat, processed, except peanuts’’ 

applies to all processed nutmeats other 

than peanuts. Such a substantive change 

to the scope of a tolerance cannot be 

effected unless the Agency makes the 

necessary statutory findings under 

FFDCA section 408. Because no such 

findings were made, EPA considers the 

prior action to have been without effect 

and the pre-existing tolerance covering 

‘‘nutmeat, processed, except peanuts’’ to 

define the scope of the propylene oxide 

tolerance as to nuts. Accordingly, EPA 

is proposing in this action to correct the 

propylene oxide tolerance in the CFR by 

returning to the status quo prior to 

rulemaking of September 24, 2008. 

Under this proposal, the nutmeat 

tolerance for propylene oxide would 

read ‘‘nutmeat, processed, except 

peanuts,’’ which is exactly as it did prior 

to the September 24, 2008 rulemaking. 

EPA requests comment on whether its 

proposed action adequately addresses 

the error included in its September 24, 

2008 rulemaking. 

III. Shortened Comment Period 

FFDCA section 408(e)(2) requires a 

comment period of not less than 60 days 

on EPA tolerance actions proposed on 

the Agency’s initiative unless EPA ‘‘for 

good cause finds that a shorter comment 

period would be in the public interest 

* * *.’’ EPA has determined that such 

good cause exists here. The September 

2008 rulemaking was intended, among 

other things, to make a minor, routine 

change to one of the commodity terms 

in the propylene oxide tolerance for the 

purpose of conforming the propylene 

oxide tolerance to the standard list of 

commodity terms used by EPA. Due to 

its own mistake, EPA did not merely 

make a conforming change but 

substituted a new commodity term that 

was not co-extensive with the existing 

commodity term. This has led to 

confusion as to the scope of the 

propylene oxide tolerance and was 

unfair to propylene oxide registrants 

who relied on EPA assertions that it was 

making a technical conforming change. 

EPA is now proposing to return the CFR 

to the status quo prior to its error. It is 

in the public interest to remove the 

confusion arising from EPA’s error with 

dispatch and thus EPA concludes there 

is good cause to limit the comment 

period to 15 days. 

IV. Statutory and Executive Order 

Reviews 

This proposed rule amends a 

tolerance under section 408(d) of 

FFDCA. 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 proposed 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this proposed rule 

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). This proposed rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

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 of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Pursuant to 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), the Agency hereby certifies that 

this proposed action will not have 

significant negative economic impact on 

a substantial number of small entities. 

In fact, this rule will have no impact 

because it merely corrects an error in 

the propylene oxide tolerance regulation 

that was inserted in the regulation 

without proper authority and thus was 

without legal effect. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on 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, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that 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 proposed 

rule directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this 

proposed rule does not have any ‘‘tribal 

implications’’ as described in Executive 

Order 13175, entitled Consultation and 

Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). Executive Order 3175, requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17613 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: March 21, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

continues to read as follows: 

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

2. Section 180.491 is amended by 

revising the ‘‘Nut, tree, group 14’’ 

commodity in the tables in paragraphs 

(a)(1) and (a)(2) to read as follows: 

§ 180.491 Propylene oxide; tolerances for 

residues. 

(a) General. (1) * * * 

Commodity Parts per 

million 

* * * * * 

Nutmeat, processed, except peanuts ......................................... 300 

* * * * * 

(2) * * * 

Commodity Parts per 

million 

* * * * * 

Nutmeat, processed, except peanuts ......................................... 10.0 

* * * * * 

* * * * * 

[FR Doc. 2011–7462 Filed 3–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 87 

[WT Docket No. 10–61; FCC 11–25] 

Aviation Service Regulations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document considers a 

petition for rulemaking requesting 

comment on a petition for rulemaking 

filed by OCAS, Inc. (OCAS) regarding 

audio visual warning systems (AVWS). 

OCAS, Inc. installs such technology 

under the trademark OCAS ®. AVWS are 

integrated air hazard notification 

systems that utilize radar frequencies 

and VHF voice frequencies to activate 

obstruction lighting and transmit 

audible warnings to aircraft on a 

potential collision course with obstacles 

such as power lines, wind turbines, 

bridges and towers. OCAS requests that 

we amend part 87 of the Commission’s 

rules to permit AVWS stations to 

operate radar units, and to transmit 

audible warnings to pilots. We seek 

comment on operational, licensing, 

eligibility and equipment certification 

issues regarding AVWS stations and 

technology. 

DATES: Submit comments on or before 

May 31, 2011 and reply comments are 

due June 28, 2011. 

ADDRESSES: You may submit comments, 

identified by WT Docket No. 10–61; 

FCC 11–25, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: Tim 

Maguire, Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

2155. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Further 

Notice of Proposed Rulemaking 

(‘‘FNPRM’’) in WT Docket No. 10–61, 

FCC 11–25, adopted February 22, 2011, 

and released March 4, 2011. The full 

text of this document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Center, 445 12th Street, SW., 

Washington, DC 20554. The complete 

text may be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW., Room Cy–B402, Washington, DC 

20554. The full text may also be 

downloaded at: www.fcc.gov. 

Alternative formats are available to 

persons with disabilities by sending an 

e-mail to fcc504@fcc.gov or by calling 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

I. Procedural Matters 

A. Ex Parte Rules-Permit-but-Disclose 

Proceeding 

1. This is a permit-but-disclose notice 

and comment rulemaking proceeding. 

Ex parte presentations are permitted, 

except during the Sunshine Agenda 

period, provided they are disclosed as 

provided in the Commission’s Rules. 

B. Comment Dates 

2. Pursuant to sections 1.415 and 

1.419 of the Commission’s rules, 47 CFR 

1.415, 1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) The Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http:// 

fjallfoss.fcc.gov/ecfs2/ or the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. Filings 

can be sent by hand or messenger 

delivery, by commercial overnight 

courier, or by first-class or overnight 

U.S. Postal Service mail. All filings 

must be addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS