57074 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action’’ requiring review by 

the Office of Management and Budget, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or interfere with 

an action taken or planned by another 

agency; (3) materially alter the 

budgetary impact of entitlements, 

grants, user fees, or loan programs or the 

rights and obligations of entitlement 

recipients; or (4) raise novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this final rule and has 

concluded that it is a significant 

regulatory action under Executive Order 

12866 because it is likely to result in a 

rule that may raise novel legal or policy 

issues arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. The rule could 

affect only VA beneficiaries and will not 

directly affect small entities. Therefore, 

pursuant to 5 U.S.C. 605(b), this rule is 

exempt from the initial and final 

regulatory flexibility analyses 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are as follows: 64.109, 

Veterans Compensation for ServiceConnected Disability; and 64.110, 

Veterans Dependency and Indemnity 

Compensation for Service-Connected 

Death. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Approved: October 9, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

PART 3–ADJUDICATION 

■ Accordingly, the interim rule 

amending 38 CFR part 3 which was 

published at 73 FR 54691 on September 

23, 2008, is adopted as a final rule 

without change. 

[FR Doc. E9–26580 Filed 11–3–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0353; FRL–8979–9] 

Revisions to the California State 

Implementation Plan, California Air 

Resources Board Consumer Products 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the California Air Resources 

Board portion of the California State 

Implementation Plan (SIP). These 

revisions were proposed in the Federal 

Register on June 26, 2009 and concern 

volatile organic compound (VOC) 

emissions from consumer products. We 

are approving State rules that regulate 

these emission sources under the Clean 

Air Act as amended in 1990 (CAA or the 

Act). 

DATES: Effective Date: This rule is 

effective on December 4, 2009. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2009–0353 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Stanley Tong, EPA Region IX, (415) 

947–4122, tong.stanley@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On June 26, 2009 (74 FR 30481), EPA 

proposed to approve the following 

regulations into the California SIP. 

TABLE 1—SUBMITTED REGULATIONS

Regulation Regulation title Adopted/ 

amended Submitted 

California Code of Regulations Title 17, Division 3, 

Chapter 1, Subchapter 8.5—Consumer Products.

Article 1—Antiperspirants and Deodorants .................. 05/06/2005 03/27/2008 

California Code of Regulations Title 17, Division 3, 

Chapter 1, Subchapter 8.5—Consumer Products.

Article 2—Consumer Products ..................................... 09/26/2007 03/27/2008 

California Code of Regulations Title 17, Division 3, 

Chapter 1, Subchapter 8.5—Consumer Products.

Article 3—Aerosol Coating Products ............................ 09/26/2007 03/27/2008 

California Air Resources Board—Test Method 310 ..... Method 310—Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive 

Organic Compounds in Aerosol Coating Products.

05/06/2005 03/27/2008 

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Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations 57075 

We proposed to approve the above 

regulations because we determined that 

they complied with the relevant CAA 

requirements. Our proposed action 

contains more information on the 

regulations and our evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. We 

received and granted a request to extend 

the comment period by another 30 days 

until August 27, 2009 (74 FR 36980, July 

27, 2009). During this period, we 

received one comment from the 

following party. 

1. Michael Scheible, California Air 

Resources Board (CARB), letter dated 

August 27, 2009 and received August 

27, 2009. CARB requested that Test 

Method 310 be removed from the SIP 

submittal and asked EPA to continue to 

act on the remaining Consumer 

Products regulations. 

III. EPA Action 

Based on CARB’s request to remove 

Test Method 310 from the SIP submittal, 

we are not acting to approve the method 

into the SIP. EPA has previously 

determined that Test Method 310 is 

technically adequate to determine 

compliance with CARB’s Consumer 

Products Regulations (70 FR 53590, 

September 13, 2005 and 40 CFR 59, 

subpart E). 

No comments were submitted that 

change our assessment that the 

submitted regulations comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving California 

Code of Regulations Title 17, Division 3, 

Chapter 1, Subchapter 8.5—Consumer 

Products, Articles 1, 2, and 3 into the 

California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 4, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 23, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(365) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(365) New and amended regulations 

were submitted on March 27, 2008, by 

the Governor’s designee. 

(i) Incorporation by Reference. 

(A) California Air Resources Board. 

(1) Barclays Official California Code 

of Regulations, Title 17 Public Health, 

Division 3 Air Resources, Chapter 1 Air 

Resources Board, Subchapter 8.5 

Consumer Products, Article 1 

Antiperspirants and Deodorants, 

amendment filed 6–20–2005, operative 

7–20–2005. 

(2) Barclays Official California Code 

of Regulations, Title 17 Public Health, 

Division 3 Air Resources, Chapter 1 Air 

Resources Board, Subchapter 8.5 

Consumer Products, Article 2 Consumer 

Products, amendment filed 11–8–2007, 

operative 12–8–2007. 

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57076 Federal Register / Vol. 74, No. 212 / Wednesday, November 4, 2009 / Rules and Regulations 

(3) Barclays Official California Code 

of Regulations, Title 17 Public Health, 

Division 3 Air Resources, Chapter 1 Air 

Resources Board, Subchapter 8.5 

Consumer Products, Article 3 Aerosol 

Coating Products, amendment filed 11– 

8–2007, operative 12–8–2007. 

[FR Doc. E9–26417 Filed 11–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–1125; FRL–8350–6] 

Pesticide Inert Ingredients; Revocation 

of Tolerance Exemption for Sperm Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing this final rule 

to revoke the existing obsolete tolerance 

exemption for residues of sperm oil 

conforming to 21 CFR 172.210. There 

have not been any active Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) pesticide product 

registrations containing this inert 

ingredient for many years. In addition, 

the sperm whale (from which sperm oil 

is derived) is a federally listed 

endangered species, and taking (or 

harming) this species is prohibited 

under the U.S. Endangered Species Act. 

Therefore, since this exemption 

corresponds to uses no longer current or 

registered under FIFRA in the United 

States, EPA is revoking the existing 

tolerance exemption under 40 CFR 

180.910 because it is no longer 

necessary. 

DATES: This regulation is effective 

November 4, 2009. Objections and 

requests for hearings must be received 

on or before January 4, 2010, 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: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2007–1125. 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., Confidential Business Information 

(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 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 

Docket Facility is open 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: 

Karen Samek, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8825; e-mail address: 

samek.karen@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. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the Federal 

Food, Drug, and Cosmetic Act, (FFDCA), 

21 U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

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–2007–1125 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before January 4, 2010. 

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 that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

EPA–HQ–OPP–2007–1125, 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’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. 

II. Background and Statutory Findings 

A. What Action Is the Agency Taking? 

EPA is revoking the existing tolerance 

exemption under 40 CFR 180.910 for 

residues of sperm oil conforming to 21 

CFR 172.210 as part of a broader 

administrative effort to correct errors 

and clarify permitted uses of pesticide 

inert ingredients in the Code of Federal 

Regulations. It is EPA’s general practice 

to revoke tolerances and tolerance 

exemptions for pesticide chemical 

residues (which include both active and 

inert ingredients) for which there are no 

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