14314 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 18, 2015. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: March 4, 2015. 

Mark J. Hague, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR parts 52 and 70 

as set forth below: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320(c) the table is amended 

by revising the entry for 10–6.110 to 

read as follows: 

§ 52.1320 Identificaiton of Plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri 

citation Title State effective date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of 

Missouri 

*******

10–6.110 ....... Reporting Emission Data, Emission Fees, 

and Process Information.

10/30/13 3/19/15 [Insert Federal Register citation].Section (3)(A), Emissions Fees, has not 

been approved as part of the SIP. 

*******

* * * * * 

PART 70—STATE OPERATING PERMIT 

PROGRAMS 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

■ 4. Appendix A to part 70 is amended 

by adding paragraph (dd) under 

Missouri to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(dd) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Reporting Emission 

Data, Emission Fees, and Process 

Information’’ on October 2, 2013. The state 

effective date is October 30, 2013. This 

revision is effective May 18, 2015. 

* * * * * 

[FR Doc. 2015–06115 Filed 3–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0326; FRL–9924–24] 

Sodium L-Lactate and Sodium DLLactate; Exemption From the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of sodium LVerDate Sep<11>2014 15:06 Mar 18, 2015 Jkt 235001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\19MRR1.SGM 19MRR1

Rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14315 

lactate and sodium DL-lactate when 

used as inert ingredients (surfactants) in 

pesticide formulations applied to 

growing crops or to raw agricultural 

commodities after harvest. Exponent, on 

behalf of Archer Daniels Midland 

Company, submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting 

establishment of an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of sodium L-lactate and 

sodium DL-lactate. 

DATES: This regulation is effective 

March 19, 2015. Objections and requests 

for hearings must be received on or 

before May 18, 2015, 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: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0326, 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), West William 

Jefferson Clinton 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: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW. Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@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 Publishing 

Office’s e-CFR site at http://

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

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 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–2014–0326 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before May 18, 2015. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

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 (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0326, by one of the following 

methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http://

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of August 1, 

2014 (79 FR 44729) (FRL–9911–67), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the filing of a pesticide 

petition (PP IN–10693) by Exponent, 

1150 Connecticut Ave. NW., 

Washington, DC 20036, on behalf of 

Archer Daniels Midland Company, 4666 

E. Faries Parkway, Decatur, IL 62526. 

The petition requested that 40 CFR 

180.910 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of sodium Llactate (CAS Reg. No. 867–56–1) and 

sodium DL-lactate (CAS Reg. No. 72– 

17–3) when used as an inert ingredients 

(surfactants) in pesticide formulations 

applied to growing crops or to raw 

agricultural commodities after harvest. 

That document referenced a summary of 

the petition prepared by Exponent, the 

petitioner, which is available in the 

docket, http://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

and emulsifiers. The term ‘‘inert’’ is not 

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 


Rmajette on DSK2VPTVN1PROD with RULES
14316 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . . ’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

appreciable risks to human health. In 

order to determine the risks from 

aggregate exposure to pesticide inert 

ingredients, the Agency considers the 

toxicity of the inert in conjunction with 

possible exposure to residues of the 

inert ingredient through food, drinking 

water, and through other exposures that 

occur as a result of pesticide use in 

residential settings. If EPA is able to 

determine that a finite tolerance is not 

necessary to ensure that there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

inert ingredient, an exemption from the 

requirement of a tolerance may be 

established. 

Consistent with FFDCA section 

408(c)(2)(A), and the factors specified in 

FFDCA section 408(c)(2)(B), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for sodium L-lactate 

and sodium DL-lactate including 

exposure resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with sodium L-lactate and 

sodium DL-lactate follows. 

A. Toxicological Profile 

EPA has evaluated the available 

toxicity data and considered their 

validity, completeness, and reliability as 

well as the relationship of the results of 

the studies to human risk. EPA has also 

considered available information 

concerning the variability of the 

sensitivities of major identifiable 

subgroups of consumers, including 

infants and children. Specific 

information on the studies received and 

the nature of the adverse effects caused 

by sodium L-lactate and sodium DLlactate as well as the no-observedadverse-effect-level (NOAEL) and the 

lowest-observed-adverse-effect-level 

(LOAEL) from the toxicity studies are 

discussed in this unit. 

The Agency has reviewed the data 

submitted by the petitioner. The data 

submitted includes data on lactic acid. 

Sodium lactate, the sodium salt of lactic 

acid, is expected to readily disassociate 

into the lactate and sodium ions in the 

body upon ingestion. Lactic acid also 

typically converts to lactate in the body. 

Because sodium L-lactate and sodium 

DL-lactate readily disassociate into the 

lactate and sodium ions in the body, the 

Agency has concluded that the data on 

L-lactic acid (often referred to as lactic 

acid) can be used in conjunction with 

the data on another lactate salt, calcium 

lactate, and that these data are adequate 

to characterize the toxicity of sodium Llactate and sodium DL-lactate. 

Acute oral and inhalation toxicity of 

lactic acid to rats and acute dermal 

toxicity of lactic acid to rabbits are low 

(oral LD50 >3,500 milligrams/kilogram 

(mg/kg); inhalation LC50 >5 milligrams/ 

Liter (mg/l); dermal LD50 >2,000 mg/kg). 

L-lactic acid is severely irritating and 

corrosive to rabbit skin. Dilute solutions 

of lactic acid are irritating to the eyes of 

rabbits. L-Lactic acid is not a dermal 

sensitizer in guinea pigs. In an oral 

feeding study, two groups of (strain notspecified) received daily doses of 1,000 

and 2,000 mg/kg/day of sodium lactate 

(as lactic acid) over 14 to 16 days. Body 

analyses of the animals showed no 

accumulation of lactate. No 

developmental or reproductive toxicity 

studies are available for sodium Llactate or sodium DL-lactate; however, a 

developmental toxicity study for lactic 

acid resulted in no maternal or 

developmental effects and none of the 

reproductive parameters were affected 

in mice at 570 mg/kg/day. Additionally, 

sodium L-lactate and DL-lactate are not 

expected to be mutagenic or 

carcinogenic based on the presence of 

the lactic acid metabolite in the human 

body. Lactic acid is transported to the 

liver and converted by lactic acid 

dehydrogenase to pyruvate. Pyruvate, in 

turn can be converted into free glucose, 

stored as glycogen, and utilized in other 

metabolic transformations (Krebs cycle). 

In addition, in a 2-year combined 

chronic toxicity/carcinogenicity study 

in rats with calcium lactate, there was 

no evidence of carcinogenicity or 

systemic toxicity at doses up to 5,000 

mg/kg/day. 

B. Toxicological Points of Departure/

Levels of Concern 

Sodium L-lactate and sodium DLlactate are naturally occurring 

compounds and when disassociated, are 

normal constituents of the human body. 

No toxicological endpoint of concern 

has been identified. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses. In evaluating dietary 

exposure to sodium L-lactate and 

sodium DL-lactate, EPA considered 

likely exposure from the use of sodium 

L-lactate and sodium DL-lactate as an 

inert ingredient in pesticides applied to 

growing crops or to raw agricultural 

commodities after harvest. Since no 

toxicological endpoint of concern has 

been identified and since the metabolic 

processes involving sodium L-lactate 

and sodium DL-lactate are well 

understood, the Agency has determined 

that a quantitative dietary exposure 

assessment is not necessary. While 

dietary exposure may result from the 

use of sodium L-lactate and sodium DLlactate as an inert ingredient in 

pesticide formulations applied to 

growing crops or to raw agricultural 

commodities after harvest, the amount 

of sodium L-lactate and sodium DLlactate contained in pesticide 

formulations and applied to growing 

crops or to raw agricultural 

commodities after harvest would be at 

levels far below its natural occurrence 

in foods and endogenous production in 

the human body. 

By comparison, L-lactic acid (CAS 

Reg. No. 79–33–4) is a naturally 

occurring compound found in many 

foods and is also a human metabolite 

that results from various biochemical 

pathways. Humans are generally 

exposed to lactic acid on a daily basis 

in significant quantities because it is 

naturally present in many food products 

that are derived through natural 

fermentation, such as cheese, yogurt, 

soy sauce, sourdough, meat products, 

and pickled vegetables. 

2. Dietary exposure from drinking 

water. Dietary exposure from drinking 

water to sodium L-lactate and sodium 

DL-lactate can occur by drinking water 

that has been contaminated by run-off 

from a pesticide treated area. Since an 

endpoint for risk assessment was not 

identified, a quantitative dietary 

exposure assessment from drinking 

water for sodium L-lactate and sodium 

DL-lactate was not conducted. 

3. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 


Rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 14317 

(e.g., textiles (clothing and diapers), 

carpets, swimming pools, and hard 

surface disinfection on walls, floors, 

tables). 

There is a potential for residential 

exposure to pesticide products 

containing sodium L-lactate and sodium 

DL-lactate, however, quantitative 

residential exposure assessment was not 

conducted since no endpoint of concern 

was identified. 

4. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found sodium L-lactate 

and sodium DL-lactate to share a 

common mechanism of toxicity with 

any other substances, and sodium Llactate and sodium DL-lactate does not 

appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this tolerance action, 

therefore, EPA has assumed that sodium 

L-lactate and sodium DL-lactate does 

not have a common mechanism of 

toxicity with other substances. For 

information regarding EPA’s efforts to 

determine which chemicals have a 

common mechanism of toxicity and to 

evaluate the cumulative effects of such 

chemicals, see EPA’s Web site at http://

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold (10X) margin of safety 

for infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. 

Because of the non-toxic nature of 

sodium L-Lactate and sodium DLlactate, there are no threshold effects 

that would trigger the application of 

section 408(b)(2)(C). 

E. Aggregate Risks and Determination of 

Safety 

Taking into consideration all available 

information on sodium L-lactate and 

sodium DL-lactate, EPA has determined 

that there is a reasonable certainty that 

no harm to any population subgroup 

will result from aggregate exposure to 

sodium L-lactate and sodium DL-lactate 

under reasonable foreseeable 

circumstances. Therefore, the 

establishment of an exemption from 

tolerance under 40 CFR 180.910 for 

residues of sodium L-lactate and sodium 

DL-lactate when used as an inert 

ingredient (surfactant) in pesticide 

formulations applied to growing crops 

or to raw agricultural commodities after 

harvest, is safe under FFDCA section 

408. 

V. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

VI. Conclusion 

Therefore, an exemption from the 

requirement of a tolerance is established 

under 40 CFR 180.910 for sodium Llactate (CAS Reg. No. 867–56–1) and 

sodium DL-lactate (CAS Reg. No. 72– 

17–3) when used as an inert ingredient 

(surfactant) in pesticide formulations 

applied to growing crops or to raw 

agricultural commodities after harvest. 

VII. Statutory and Executive Order 

Reviews 

This action establishes an exemption 

from the requirement of a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. 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 action 

has been exempted from review under 

Executive Order 12866, this action 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) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action 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 FFDCA section 408(d), such as 

the exemption 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 action 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 FFDCA 

section 408(n)(4). 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 action. In 

addition, this action does not impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1501 et 

seq.). 

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 

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

VIII. 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: March 12, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 


Rmajette on DSK2VPTVN1PROD with RULES
14318 Federal Register / Vol. 80, No. 53 / Thursday, March 19, 2015 / Rules and Regulations 

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. Amend § 180.910, by adding 

alphabetically the following inert 

ingredients to the table to read as 

follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

Sodium DL-lactate (CAS Reg. No. 72–17–3) ................................................................................ ........................................ Surfactant. 

* * * * * * * 

Sodium L-lactate (CAS Reg. No. 867–56–1) ................................................................................. ........................................ Surfactant. 

* * * * * * * 

[FR Doc. 2015–06373 Filed 3–18–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 15–01] 

RIN 3072–AC59 

Amendments to Rules Governing 

Service of Private Party Complaints 

and Documents Containing 

Confidential Materials 

AGENCY: Federal Maritime Commission. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: The Federal Maritime 

Commission proposes to amend its rules 

governing service of private party 

complaints and the filing of documents 

containing confidential material. These 

revisions will add clarifying 

instructions for parties to proceedings. 

DATES: This rule will become effective 

June 24, 2015 unless significant adverse 

comments are filed prior to May 26, 

2015. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street 

NW., Washington, DC 20573–0001, 

Phone: (202) 523–5725, Email: 

secretary@fmc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: 

46 CFR 502.5 

The Commission proposes to amend 

§ 502.5 of title 46 of the Code of Federal 

Regulations in order to instruct parties 

on how to request confidential 

treatment of their documents and how 

to mark confidential material. The 

revision requires segregation and clear 

marking of confidential and nonconfidential information. The current 

confidentiality provisions in part 502 

will benefit from a more consistent 

format. 

The revisions also correct an 

erroneous reference to 

§ 502.201(i)(1)(vii) in the introductory 

text to § 502.5. The reference to 

§ 502.201(i)(1)(vii) in the introductory 

text was intended to refer to 

confidential information within 

protective orders, but the currently cited 

provision does not exist. The revision 

corrects the citation to 

§ 502.201(j)(1)(vii). 

46 CFR 502.113 

The Commission proposes to amend 

§ 502.113 of title 46 of the Code of 

Federal Regulations concerning service 

of private party complaints. 46 U.S.C. 

41301 requires the Commission to 

‘‘provide a copy of the complaint to the 

person named in the complaint.’’ This 

revision would clarify and memorialize 

that the Commission will use U.S. mail 

or express mail to serve the complaint. 

A notice is published, and will continue 

to be published, in the Federal Register 

for each private party complaint for 

formal adjudication that is filed with the 

Commission. Additionally, a full copy 

of the formal complaint is available on 

the Commission’s Web site, 

www.fmc.gov, and available in the 

Commission’s Docket Library. The 

proposed rule continues to allow for 

alternative service by other means by 

the Complainant but specifies that it 

may only do so after the complaint has 

been filed with the Commission and 

must inform the Commission of the 

method, time, and place of service. To 

conform to this clarification, 46 CFR 

502.62(b)(1) is amended to clarify the 

time an answer to the complaint is due. 

Sections 502.304 and 502.305 are also 

revised to reflect that the Secretary will 

also serve small claims complaints filed 

pursuant to 46 CFR subpart S. 

List of Subjects in 46 CFR Part 502 

Administrative practice and 

procedure, Claims, Equal access to 

justice, Investigations, Lawyers, 

Maritime carriers, Penalties, Reporting 

and recordkeeping requirements. 

For the reasons set forth in the 

preamble, the Federal Maritime 

Commission amends 46 CFR part 502 as 

follows: 

PART 502—RULES OF PRACTICE AND 

PROCEDURE 

■ 1. The authority citation for part 502 

continues to read as follows: 

Authority: 5 U.S.C. 504, 551, 552, 553, 

556(c), 559, 561–569, 571–596; 5 U.S.C. 571– 

584; 18 U.S.C. 207; 28 U.S.C. 2112(a); 31 

U.S.C. 9701; 46 U.S.C. 305, 40103–40104, 

40304, 40306, 40501–40503, 40701–40706, 

41101–41109, 41301–41309, 44101–44106; 

E.O. 11222 of May 8, 1965. 

Subpart A—General Information 

■ 2. Revise § 502.5 to read as follows: 

§ 502.5 Documents containing confidential 

materials. 

Except as otherwise provided in the 

rules of this part, all filings that contain 

information for which confidential 

treatment is sought or information 

previously designated as confidential 

pursuant to §§ 502.13, 502.167, 

502.201(j)(1)(vii), or any other rules of 

this part, or for which a request for 

protective order pursuant to § 502.201(j) 

is pending, are subject to the following 

requirements: 

(a) Two versions of filings. Two 

versions of documents must be filed if 

a document: 

(1) Contains information previously 

designated by the Commission or 

presiding officer as confidential; or 

(2) Contains information for which 

confidential treatment is sought. Except 


Rmajette on DSK2VPTVN1PROD with RULES