19706 Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule 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 section 408(d) of FFDCA, such as 

the tolerance 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 final rule 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 section 408(n)(4) of FFDCA. 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 final rule. 

In addition, this final rule does not 

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). 

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). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: March 29, 2011. 

G. Jeffery Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

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 180.364 is amended by: 

i. Revising the introductory text in 

paragraph (a)(1), and in the table, revise 

the entry for corn, sweet, grain 0.1 ppm; 

to corn, sweet, kernel plus cob with 

husk removed at 3.5 ppm; and 

ii. Revising the introductory text in 

paragraph (a)(2), and in the table, revise 

the entry for poultry, meat 4.0 ppm to 

0.10 ppm. The revisions read as follows: 

§ 180.364. Glyphosate; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for residues of glyphosate, 

including its metabolites and 

degradates, in or on the commodities 

listed below resulting from the 

application of glyphosate, the 

isopropylamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate. 

Compliance with the following 

tolerance levels is to be determined by 

measuring only glyphosate (N- 

(phosphonomethyl)glycine). 

Commodity Parts per 

million 

* * * * * 

Corn, sweet, kernel plus cob 

with husk removed ................ 3.5 

* * * * * 

(2) Tolerances are established for 

residues of glyphosate, including its 

metabolites and degradates, in or on the 

commodities listed below resulting from 

the application of glyphosate, the 

isopropylamine salt of glyphosate, the 

ethanolamine salt of glyphosate, the 

dimethylamine salt of glyphosate, the 

ammonium salt of glyphosate, and the 

potassium salt of glyphosate. 

Compliance with the following 

tolerance levels is to be determined by 

measuring only glyphosate (N- 

(phosphonomethyl)glycine) and its 

metabolite N-acetyl-glyphosate (Nacetyl-N-(phosphonomethyl)glycine; 

calculated as the stoichiometric 

equivalent of glyphosate). 

Commodity Parts per 

million 

* * * * * 

Poultry, meat ............................ 0.10 

* * * * * 

* * * * * 

[FR Doc. 2011–8428 Filed 4–7–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 520 and 532 

[Docket No. 10–03] 

RIN 3072–AC38 

Non-Vessel-Operating Common Carrier 

Negotiated Rate Arrangements; 

Correction 

April 5, 2011. 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Maritime 

Commission is correcting a final rule 

that appeared in the Federal Register on 

March 2, 2011, exempting licensed nonvessel-operating common carriers that 

enter into negotiated rate arrangements 

from the tariff rate publication 

requirements of the Shipping Act of 

1984. This correction clarifies that the 

negotiated rate arrangement must be 

agreed to prior to receipt of the cargo 

and removes the requirement that nonvessel-operating common carriers 

indicate their intention to move cargo 

under negotiated rate arrangements on 

their Form FMC–1 on file with the 

Commission. 

DATES: Effective April 18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Legal Information: Elisa Holland, 202– 

523–5740, generalcounsel@fmc.gov; 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 68 / Friday, April 8, 2011 / Rules and Regulations 19707 

Technical Information: George A. 

Quadrino, 202–523–5800; Gary G. 

Kardian, 202–523–5856, 

tradeanalysis@fmc.gov. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2011–4599 appearing in the Federal 

Register of Wednesday, March 2, 2011 

(76 FR 11351), the following corrections 

are made: 

§ 532.5 [Corrected] 

■ 1. On page 11361, in the first column, 

in § 532.5 Requirements for NVOCC 

negotiated rate arrangements, the word 

‘‘contain’’ in paragraph (b) is capitalized 

and, paragraph (c) is corrected to read 

as follows: 

‘‘(c) Be agreed to by both NRA shipper 

and NVOCC, prior to receipt of cargo by 

the common carrier or its agent 

(including originating carriers in the 

case of through transportation);’’ 

§ 532.6 [Corrected] 

■ 2. On page 11361, in the second 

column, in § 532.6 Notices, the 

paragraph designations are removed and 

the text of the section is correctly 

revised to read as follows: 

‘‘An NVOCC wishing to invoke an 

exemption pursuant to this part must 

indicate that intention to the 

Commission and to the public by a 

prominent notice in its rules tariff and 

bills of lading or equivalent shipping 

documents.’’ 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–8467 Filed 4–7–11; 8:45 am] 

BILLING CODE 6730–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

49 CFR Part 8 

[Docket No. DOT–OST–1999–6189] 

RIN 9991–AA58 

Classified Information: Classification/ 

Declassification/Access; Authority To 

Classify Information 

AGENCY: Office of the Secretary of 

Transportation (OST), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule delegates 

various authorities vested in the 

Secretary of Transportation (Secretary) 

by Executive Order 13526 to originally 

classify information as SECRET or 

CONFIDENTIAL to the Administrator of 

the Federal Aviation Administration, 

and to the Assistant Administrator for 

Security and Hazardous Materials. 

DATES: This final rule is effective April 

8, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Brett Jortland, Attorney, Office of the 

General Counsel, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, Email: brett.jortland@dot.gov, Telephone: 

(202) 366–9314. 

SUPPLEMENTARY INFORMATION: Executive 

Order 13526 confers upon the Secretary 

the authority to originally classify 

information as SECRET or 

CONFIDENTIAL, with further 

authorization to designate this 

authority. Title 49 of the Code of 

Federal Regulations (CFR), Section 

8.11(b)(3) delegates this authority to the 

Administrator of the Federal Aviation 

Administration (FAA), and the Assistant 

Administrator for Civil Aviation 

Security. As a result of administrative 

changes within the FAA, the position of 

the Assistant Administrator for Civil 

Aviation Security no longer exists. The 

authority exercised by that position has 

been transferred to the Assistant 

Administrator for Security and 

Hazardous Materials, thus necessitating 

a change in the language of § 8.11(b)(3) 

to reflect the proper office for 

designation of this authority. 

In addition, following the creation of 

the Department of Homeland Security, 

and the transfer of the United States 

Coast Guard from DOT to the 

Department of Homeland Security, the 

delegation of authority from the 

Secretary to the United States Coast 

Guard is hereby removed and the 

section is renumbered accordingly. 

Since these amendments relate to 

departmental management, 

organization, procedure, and practice, 

notice and comment are unnecessary 

under 5 U.S.C. 553(b). Further, since 

these amendments expedite DOT’s 

ability to meet the statutory intent of the 

applicable laws and regulations covered 

by this delegation, the Secretary finds 

good cause under 5 U.S.C. 553(d)(3) for 

the final rule to be effective on the date 

of publication in the Federal Register. 

Regulatory Impact and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

The final rule is not considered a 

significant regulatory action under 

Executive Order 12866 and DOT 

Regulatory Policies and Procedures. See 

44 FR 11034, Feb. 26, 1979. There are 

no costs associated with this rule. 

B. Regulatory Flexibility Act and 

Executive Order 13272 

Because no notice of proposed 

rulemaking is required for this rule 

under the Administrative Procedure 

Act, 5 U.S.C. 553, the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) do not apply. We also do not 

believe that this rule would impose any 

costs on small entities because it simply 

delegates authority from one official to 

another. Therefore, I certify that this 

final rule will not have a significant 

economic impact on a substantial 

number of small businesses. 

C. Paperwork Reduction Act 

This rule contains no information 

collection requirements under the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501 et seq. 

D. Federalism Implications 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This final rule 

does not have a substantial direct effect 

on, or sufficient federalism implications 

for, the States, nor would it limit the 

policymaking discretion of the States. 

Therefore, the consultation 

requirements of Executive Order 13132 

do not apply. 

E. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175 (‘‘Consultation and Coordination 

with Indian Tribal Governments’’). 

Because this final rule does not 

significantly or uniquely affect the 

communities of the Indian Tribal 

governments and does not impose 

substantial direct compliance costs, the 

funding and consultation requirements 

of Executive Order 13175 do not apply. 

F. Unfunded Mandates Reform Act of 

1995 

DOT has determined that the 

requirements of title II of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 2 U.S.C. 1531) do not apply to 

this rulemaking. 

List of Subjects in 49 CFR Part 8 

Classified Information (Government 

agencies), Classification/ 

Declassification/Access (Government 

agencies). 

The Final Rule 

For the reasons set forth in the 

preamble, OST amends 49 CFR part 8 as 

follows: 


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