Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 28281 

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: May 3, 2012. 

Steven Bradbury, 

Director, 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 180.664 is added to subpart 

C to read as follows: 

§ 180.664 Penflufen; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

penflufen, including its metabolites and 

degradates, in or on the following 

commodities listed in the table. 

Compliance with the tolerance levels 

specified in the table is to be 

determined by measuring only 

penflufen N-[2-(1,3- 

dimethylbutyl)phenyl]-5-fluoro-1,3- 

dimethyl-1H-pyrazole-4-carboxamide, 

in or on the following commodities. 

Commodity Parts per 

million 

Alfalfa, forage ............................. 0.01 

Alfalfa, hay .................................. 0.01 

Cotton, gin by-products .............. 0.01 

Grain cereal, forage, fodder and 

straw, group 16 ....................... 0.01 

Grain, cereal, group 15 .............. 0.01 

Oilseed, group 20 ....................... 0.01 

Vegetable, foliage of legume, 

group 7 .................................... 0.01 

Vegetable, legume, group 6 ....... 0.01 

Vegetable, tuberous and corm 

subgroup 1C ........................... 0.01 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2012–11629 Filed 5–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 799 

[EPA–HQ–OPPT–2005–0033; FRL–9350–2] 

RIN 2070–AD16 

Withdrawal of Revocation of TSCA 

Section 4 Testing Requirements for 

One High Production Volume Chemical 

Substance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In the Federal Register issue 

of March 16, 2012, EPA published a 

direct final rule revoking certain testing 

requirements promulgated under the 

Toxic Substances Control Act (TSCA) 

for 10 chemical substances, including 

benzenesulfonic acid, [[4-[[4- 

(phenylamino)phenyl][4-(phenylimino)- 

2,5-cyclohexadien-1- 

ylidene]methyl]phenyl]amino]- (CAS 

No. 1324–76–1), also known as C.I. 

Pigment Blue 61. EPA received an 

adverse comment regarding C.I. Pigment 

Blue 61. This document withdraws the 

revocation of testing requirements for 

C.I. Pigment Blue 61 as described in the 

March 16, 2012 direct final rule. In 

withdrawing the revocation, this 

document also restores the original 

testing requirements as currently shown 

in the Code of Federal Regulations 

(CFR). Elsewhere in today’s Federal 

Register, EPA is publishing a proposed 

rule revoking the same testing 

requirements for C.I. Pigment Blue 61 

that were published in the March 16, 

2012 direct final rule. 

DATES: This final rule is effective May 

15, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Catherine 

Roman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8157; email address: 

roman.catherine@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register issue 

of March 16, 2012 (77 FR 15609) (FRL– 

9335–6). If you have questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What rule is being withdrawn? 

In the March 16, 2012 Federal 

Register, EPA issued a revocation of 

some or all of the TSCA section 4 testing 

requirements for 10 chemical substances 

by direct final rule. In accordance with 

the procedures described in the March 

16, 2012 Federal Register document, 

EPA is withdrawing the revocation of 

certain testing requirements for C.I. 

Pigment Blue 61 and also restoring the 

original testing requirements found in 

the CFR, because the Agency received 

an adverse comment concerning this 

chemical substance. The final rule 

revoking testing requirements for the 

other 9 chemical substances described 

in the March 16, 2012 Federal Register 

document is otherwise unaffected by the 

withdrawal of the revocation for C.I. 

Pigment Blue 61. Elsewhere in today’s 

Federal Register, EPA is proposing a 

rule to revoke certain test rule 

requirements for C.I. Pigment Blue 61. 

The docket identification (ID) number 

for the test rule concerning this 

chemical substance was established at 

EPA–HQ–OPPT–2005–0033. That 

docket includes information considered 

by the Agency in developing those rules 

and the adverse comment. 


emcdonald on DSK29S0YB1PROD with RULES
28282 Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations 

III. How do I access the docket? 

To access the docket, please go to 

http://www.regulations.gov and follow 

the online instructions using the docket 

ID number EPA–HQ–OPPT–2005–0033. 

Additional information about the 

Docket Facility is also provided under 

ADDRESSES in the March 16, 2012 

Federal Register document. If you have 

questions, consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. 

List of Subjects in 40 CFR Part 799 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: May 8, 2012. 

James J. Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 799—[AMENDED] 

■ 1. The authority citation for part 799 

continues to read as follows: 

Authority: 15 U.S.C. 2603, 2611, 2625. 

■ 2. In § 799.5085, revise the entry 

‘‘CAS No. 1324–76–1’’ in Table 2 of 

paragraph (j) to read as follows: 

§ 799.5085 Chemical testing requirements 

for first group of high production volume 

chemicals (HPV1). 

* * * * * 

(j) * * * 

TABLE 2—CHEMICAL SUBSTANCES AND TESTING REQUIREMENTS

CAS No. Chemical name Class Required tests 

(see table 3 of this section) 

*******

1324–76–1 ........ Benzenesulfonic acid, [[4-[[4-(phenylamino)phenyl][4-(phenylimino)-2,5-cyclohexadien1-ylidene]methyl]phenyl]amino]-.2 A, B, C1, D, E1, E2, F1. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–11493 Filed 5–11–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8229] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 


emcdonald on DSK29S0YB1PROD with RULES