60720 Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 

* * * * * 

[FR Doc. 2013–23941 Filed 10–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0332; FRL–9401–3] 

Methyl Parathion; Removal of Expired 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is removing listings in 

the Code of Federal Regulations (CFR) 

for already expired tolerances for 

methyl parathion, for the purpose of 

clarity and in accordance with current 

EPA practice. 

DATES: This regulation is effective 

October 2, 2013. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0332, 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), EPA West 

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: 

Joseph Nevola, Pesticide Re-Evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8037; email address: 

nevola.joseph@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. 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 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

II. Background 

A. What action is the agency taking? 

In this final rule, EPA is removing 

listings in the CFR for already expired 

tolerances for methyl parathion in 

§ 180.121(e). In the Federal Register of 

January 5, 2001 (66 FR 1242) (FRL– 

6752–6), EPA promulgated a final rule 

revoking methyl parathion uses in 

commodities for which methyl 

parathion use was unlawful after 

December 31, 1999. The final rule listed 

these expired tolerances in § 180.121(e). 

However, some people have 

inaccurately read § 180.121(e) to mean 

that there are active methyl parathion 

tolerances for these commodities. In 

order to eliminate confusion, EPA is 

removing paragraph (e) in its entirety. 

EPA is not making any change in the 

status of these expired tolerances, just 

removing an informational listing that 

the Agency believes is no longer needed 

and that may be misleading if not read 

correctly. 

EPA is issuing a final rule for this 

purpose without notice and opportunity 

to comment. Section 553(b)(3)(B) of the 

Administrative Procedure Act provides 

that notice and comment is not 

necessary ‘‘when the agency for good 

cause finds (and incorporates the 

finding and a brief statement of reasons 

therefore in the rules issued) that notice 

and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest.’’ EPA finds good 

cause here because removing the listings 

does not affect the legal status of the 

already expired tolerances. 

B. What is the agency’s authority for 

taking this action? 

EPA is not taking any action that 

substantively changes a tolerance. EPA 

is only taking administrative action to 

remove the informational listing in 

§ 180.121(e). 

C. When do these actions become 

effective? 

As stated in the DATES section, this 

final rule is effective October 2, 2013. 

The methyl parathion tolerances 

expired more than 13 years ago and the 

Agency believes that the informational 

listing in § 180.121(e) is no longer 

needed. 

III. Statutory and Executive Order 

Reviews 

In this final rule, EPA is removing a 

listing of already expired tolerances. 

The Office of Management and Budget 

(OMB) has exempted this type of action 

from review under Executive Order 

12866, entitled ‘‘Regulatory Planning 

and Review’’ (58 FR 51735, October 4, 

1993). Because this final rule has been 

exempted from review under Executive 

Order 12866 due to its lack of 

significance, this final 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 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.), or impose any 

enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1501 et seq.). Nor does it require any 

special considerations as required by 

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 other 

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) (15 U.S.C. 272 note). Pursuant 

to the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.), the Agency hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities. 

Furthermore, for the pesticide named in 

this final rule, the Agency knows of no 

extraordinary circumstances that exist 

as to the present removal of listings for 

already expired tolerances that would 

change EPA’s analysis. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 191 / Wednesday, October 2, 2013 / Rules and Regulations 60721 

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 final 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 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). For these same reasons, the 

Agency has determined that this final 

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 13175, 

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 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

final 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 final rule. 

IV. 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: September 18, 2013. 

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. 

§ 180.121 [Amended] 

■ 2. In § 180.121, remove paragraph (e). 

[FR Doc. 2013–23801 Filed 10–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9901– 

60–Region 2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Ludlow Sand & Gravel 

Superfund Site 

AGENCY: United States Environmental 

Protection Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 2 is publishing a 

direct final Notice of Deletion of the 

Ludlow Sand & Gravel Superfund Site 

(Site), located in the Town of Paris, 

Oneida County, New York, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP).This direct 

final Notice of Deletion is being 

published by EPA with the concurrence 

of the State of New York (State), through 

the New York State Department of 

Environmental Conservation (NYSDEC). 

EPA and NYSDEC have determined that 

all appropriate response actions under 

CERCLA, other than monitoring and 

maintenance (M&M) and five-year 

reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion will be 

effective December 2, 2013 unless EPA 

receives adverse comments by 

November 1, 2013. If adverse comments 

are received, EPA will publish a timely 

withdrawal of this direct final deletion 

in the Federal Register, informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• Email: rodrigues.isabel@epa.gov. 

• Fax: To the attention of Isabel 

Rodrigues at 212–637–4284. 

• Mail: To the attention of Isabel 

Rodrigues, Remedial Project Manager, 

Emergency and Remedial Response 

Division, U.S. Environmental Protection 

Agency, Region 2, 290 Broadway, 20th 

Floor, New York, NY 10007–1866. 

• Hand Delivery: Superfund Records 

Center, 290 Broadway, 18th Floor, New 

York, NY 10007–1866 (telephone: 212– 

637–4308). Such deliveries are only 

accepted during the Record Center’s 

normal hours of operation (Monday to 

Friday from 9 a.m. to 5 p.m.). Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1983– 

0002: EPA’s policy is that all comments 

received will be included in the Docket 

without change and may be made 

available online 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 http://

www.regulations.gov or via email. The 

http://www.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 

comments. If you send comments to 

EPA via email, your email address will 

be included as part of the comment that 

is placed in the Docket and made 

available on the Web site. If you submit 

electronic comments, EPA recommends 

that you include your name and other 

contact information in the body of your 


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