Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 10665 

stock. Y stock is traded on an established 

securities market. Although the option is 

immediately exercisable, it has no readily 

ascertainable fair market value when it is 

granted. Under the option, Q has the right to 

purchase 100 shares of Y common stock for 

$10 per share, which is the fair market value 

of a Y share on the date of grant of the option. 

The grant of the option is not one that 

satisfies the requirements for a transaction 

that is exempt from section 16(b) of the 

Securities Exchange Act of 1934. On 

December 15, 2013, Y stock is trading at more 

than $10 per share. On that date, Q fully 

exercises the option, paying the exercise 

price in cash, and receives 100 Y shares. Q’s 

rights in the shares received as a result of the 

exercise are not conditioned upon the future 

performance of substantial services. Because 

no exemption from section 16(b) was 

available for the June 3, 2013 grant of the 

option, the section 16(b) liability period 

expires on December 1, 2013. Accordingly, 

the section 16(b) liability period expires 

before the date that Q exercises the option 

and the Y common stock is transferred to Q. 

Thus, the shares acquired by Q pursuant to 

the exercise of the option are not subject to 

a substantial risk of forfeiture under section 

83(c)(3) as a result of section 16(b). As a 

result, section 83(c)(3) does not preclude 

taxation under section 83 when the shares 

acquired pursuant to the December 15, 2013 

exercise of the option are transferred to Q. 

(ii) Assume the same facts as in paragraph 

(i) of this Example 4 except that Q exercises 

the nonstatutory option on October 30, 2013 

when Y stock is trading at more than $10 per 

share. The shares acquired are subject to a 

substantial risk of forfeiture under section 

83(c)(3) as a result of section 16(b) through 

December 1, 2013. 

(iii) Assume the same facts as in paragraph 

(i) of this Example 4 except that on 

November 5, 2013, Q also purchases 100 

shares of Y common stock on the public 

market. The purchase of the shares is not a 

transaction exempt from section 16(b) of the 

Securities Exchange Act of 1934. Because no 

exemption from section 16(b) was available 

for the November 5, 2013 purchase of shares, 

the section 16(b) liability period with respect 

to such shares will last for a period of six 

months after the November 5, 2013 purchase 

of shares. Notwithstanding the non-exempt 

purchase of Y common stock on November 

5, 2013, the shares acquired by Q pursuant 

to the December 15, 2013 exercise of the 

option are not subject to a substantial risk of 

forfeiture under section 83(c)(3) as a result of 

section 16(b). As a result, section 83(c)(3) 

does not preclude taxation under section 83 

when the shares acquired pursuant to the 

December 15, 2013 exercise of the option are 

transferred to Q. 

* * * * * 

(l) Effective/applicability date. This 

section applies to property transferred 

on or after January 1, 2013. For rules 

relating to property transferred before 

that date, see § 1.83–3 as contained in 

26 CFR part 1 (as of April 1, 2012). 

John Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: January 31, 2014. 

Mark J. Mazur, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2014–03988 Filed 2–25–14; 8:45 am] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 141 and 142 

[EPA–HQ–OW–2008–0878; FRL–9906–89– 

OW] 

National Primary Drinking Water 

Regulations: Minor Corrections to the 

Revisions to the Total Coliform Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: In this action, the 

Environmental Protection Agency (EPA) 

is making minor corrections to the final 

Revisions to the Total Coliform Rule 

(RTCR), as authorized under the Safe 

Drinking Water Act, to correct 

typographical errors in sections relating 

to recordkeeping and State primacy 

requirements, which could affect 

implementation and enforcement of the 

RTCR if they were left uncorrected. This 

action also includes other edits to the 

final rule language that are intended to 

improve the understanding of the rule 

and avoid confusion. This action does 

not impose new requirements; rather it 

clarifies what must be included in 

States’ primacy applications related to 

this rule and the specific records water 

systems must keep. 

DATES: This rule is effective on April 28, 

2014 without further notice, unless EPA 

receives adverse comment by March 28, 

2014. If EPA receives adverse comment, 

we will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

The incorporation by reference of 

certain material listed in the rule was 

approved by the Director of the Federal 

Register as of April 15, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2008–0878, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 2822T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–OW–2008– 

0878. 

• Hand Delivery: EPA Docket Center, 

(EPA/DC) EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2008– 

0878. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Water Docket, EPA Docket Center, 

(EPA/DC) EPA West, Room 3334, 1301 

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10666 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 

Constitution Ave. NW., Washington, 

DC. This Docket Facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

Docket telephone number is 202–566– 

2426. 

FOR FURTHER INFORMATION CONTACT: 

Sean Conley, Standards and Risk 

Management Division, Office of Ground 

Water and Drinking Water (MC–4607M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460; telephone number: (202) 

564–1781; email address: conley.sean@

epa.gov. For general information, 

contact the Safe Drinking Water Hotline, 

telephone number: (800) 426–4791. The 

Safe Drinking Water Hotline is open 

Monday through Friday, excluding legal 

holidays, from 10 a.m. to 4 p.m. Eastern 

time. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Why is EPA using a direct final rule? 

EPA is publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment; this action only 

corrects typographical errors and makes 

clarifying edits and does not impose 

new requirements. However, in the 

‘‘Proposed Rules’’ section of today’s 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to make the corrections 

and clarifying edits to the RTCR if 

adverse comments are received on this 

direct final rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Comments 

should be submitted only for the 

corrections being made in this direct 

final rule, not for other aspects of the 

final RTCR. For further information 

about commenting on this rule, see the 

ADDRESSES section of this document. 

If EPA receives adverse comment, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We would address all public 

comments in any subsequent final rule 

based on the proposed rule. 

B. Regulated Categories and Entities 

Entities potentially regulated by the 

RTCR as corrected are all public water 

systems (PWSs). Regulated categories 

and entities include the following: 

Category Examples of regulated entities 

Industry .................................................... Privately-owned community water systems (CWSs), transient non-community water systems 

(TNCWSs), and non-transient non-community water systems (NTNCWSs). 

Federal, State, Tribal, and local governments.Publicly-owned CWSs, TNCWSs, and NTNCWSs. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities regulated 

by this action. This table lists the types 

of entities that EPA is now aware of that 

could potentially be regulated by this 

action. Other types of entities not listed 

in the table could also be regulated. To 

determine whether your facility is 

regulated by this action, you should 

carefully examine the definition of 

‘‘public water system’’ in § 141.2 and 

the section entitled ‘‘Coverage’’ in 

§ 141.3 in title 40 of the Code of Federal 

Regulations (CFR), and the applicability 

criteria in § 141.851(b) of the final 

RTCR. If you have questions regarding 

the applicability of this action to a 

particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

C. Copies of This Document and Other 

Related Information 

This document is available for 

download at http://water.epa.gov/

lawsregs/rulesregs/sdwa/tcr/regulation_

revisions.cfm. For other related 

information, see preceding discussion 

on docket. 

D. Minor Corrections to the Revisions to 

the Total Coliform Rule (RTCR) 

A. Today’s final rule corrects, as 

authorized under the Safe Drinking 

Water Act (SDWA), two typographical 

errors in the final RTCR (78 FR 10269, 

February 13, 2013) rule language. First, 

this action corrects a mistaken crossreference regarding water system 

recordkeeping requirements for 

assessment forms and documentation of 

corrective actions and sanitary defects. 

EPA is correcting the cross-reference at 

§ 141.861(b)(1) to correctly provide that 

assessments, corrective actions and 

identification of sanitary defects are 

required under the treatment technique 

requirements of § 141.859 of the final 

RTCR. The burden for these 

recordkeeping requirements was 

reflected in the Revised Total Coliform 

Rule (see Paperwork Reduction Act, 

section II.B of this notice) and in section 

7 of the Economic Analysis (EA) for the 

Revised Total Coliform Rule (EPA–815– 

R–12–004). EPA also discussed these 

requirements in the preamble to the 

final RTCR on page 10295. Second, 

today’s final rule also corrects the 

introductory paragraph at § 142.16(q)(2) 

to correctly indicate that the State’s 

application for primacy must contain a 

written description of all provisions 

included in the subsections of the 

paragraph, (q)(2)(i) through (q)(2)(ix). It 

was always EPA’s intent that primacy 

applications must contain a written 

description of all provisions in 

§ 142.16(q)(2), but when EPA added 

subparagraph (q)(2)(ix) to the final rule, 

EPA neglected to change the numbering 

in the paragraph (2) lead-in to the list of 

elements. EPA intended this to be the 

case, as demonstrated in the preamble to 

the final RTCR on page 10301. In 

addition, the burden for this State 

activity was also included in section 7 

of the EA for the RTCR. EPA is not 

developing a new EA for today’s action 

because the EA for the final RTCR 

accounts for all costs associated with 

this rule. 

Today’s final rule also corrects the 

numbering in § 141.855(a) by adding 

subparagraph (d)(2) and reserving it, to 

most simply correct a numbering error 

that identified a subparagraph (d)(1) 

without a subsequent (d)(2). Correcting 

the numbering in this fashion will not 

interfere with any cross references to 

this subparagraph. 

Today’s rule also includes clarifying 

revisions to the language regarding 

primacy applications in 

§ 142.16(q)(2)(ii) to make it more clear 

in the special primacy requirements 

section of the rule that systems must 

implement at least one of listed 

additional criteria to qualify for reduced 

monitoring. EPA clearly intended this to 

be the case, as reflected in 

§ 141.854(h)(2) for NCWSs and 

§ 141.855(d) for CWSs, and in the 

preamble to the final rule at page 10281 

and 10282. 

Next, the final rule clarifies the 

situations requiring public notification 

in Appendix A to Subpart Q of Part 141 

to list out all of the possible reporting 

violations under the RTCR that will 

require Tier 3 public notice. EPA clearly 

intended this to be the case, as reflected 

in item (6) in Table 1 to § 141.204 

(Violation Categories and Other 

Situations Requiring a Tier 3 Public 

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Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 10667 

Notice), which provides that all 

reporting and recordkeeping violations 

under the RTCR require Tier 3 public 

notice. Also, page 10294 of the preamble 

to the final RTCR clearly states that Tier 

3 PN is required for both monitoring 

and reporting violations under the 

RTCR. 

Finally, the final rule clarifies the 

analytical methods table at 

§ 141.852(a)(5) to place the citation 

‘‘Standard Methods Online 9223 B–97’’ 

for the Colilert analytical method in the 

correct column. 

These revisions do not change any 

rule requirements, are consistent with 

the rule requirements as intended by the 

Total Coliform Rule/Distribution System 

Advisory Committee that recommended 

the revisions to the Total Coliform Rule, 

and are intended only to clarify 

requirements and reduce confusion. 

II. Statutory and Executive Order 

Review 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. In this 

action, EPA is making minor corrections 

to the final RTCR to correct 

typographical errors in sections relating 

to recordkeeping and State primacy 

requirements and other edits to the final 

rule language that are intended to 

improve the understanding of the rule 

and avoid confusion. The Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations (40 CFR Parts 141 

and 142) under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2040–0205. The OMB 

control numbers for EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

The RFA provides default definitions 

for each type of small entity. Small 

entities are defined as: (1) A small 

business as defined by the Small 

Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any ‘‘not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field.’’ However, the 

RFA also authorizes an agency to use 

alternative definitions for each category 

of small entity, ‘‘which are appropriate 

to the activities of the agency’’ after 

proposing the alternative definition(s) in 

the Federal Register and taking 

comment (5 U.S.C. 601(3)–(5)). In 

addition, to establish an alternative 

small business definition, agencies must 

consult with SBA’s Chief Counsel for 

Advocacy. 

For purposes of assessing the impacts 

of the RTCR on small entities, EPA 

considered small entities to be PWSs 

serving 10,000 or fewer people. This is 

the cut-off level specified by Congress in 

the 1996 Amendments to the Safe 

Drinking Water Act (SDWA) for small 

system flexibility provisions. As 

required by the RFA, EPA proposed 

using this alternative definition in the 

FR (63 FR 7620, February 13, 1998), 

requested public comment, consulted 

with the SBA, and finalized the 

alternative definition in the agency’s 

Consumer Confidence Report regulation 

(63 FR 44524, August 19, 1998). As 

stated in that Final Rule, the alternative 

definition would be applied for all 

future drinking water regulations. 

After considering the economic 

impacts of the minor corrections to the 

RTCR on small entities, I certify that 

this action will not have a significant 

economic impact on a substantial 

number of small entities. The costs for 

recordkeeping and State primacy 

requirements were accounted for and 

detailed in the RTCR EA and 

summarized in the preamble of the final 

RTCR. A copy of the final RTCR and the 

RTCR EA can be found at http://

water.epa.gov/lawsregs/rulesregs/sdwa/

tcr/regulation_revisions.cfm. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This rule does not contain a Federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538. 

This rule makes minor editorial 

corrections and clarifying edits to the 

final RTCR. Therefore, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

This rule is also not subject to the 

requirements of section 203 of UMRA 

because it makes only minor corrections 

and clarifying edits that will not 

significantly or uniquely affect small 

governments. 

E. Executive Order 13132: Federalism 

This action does not have Federalism 

implications. It will not 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 as specified in 

Executive Order 13132. Today’s action 

makes minor corrections to the final 

RTCR to correct typographical errors in 

sections relating to recordkeeping and 

State primacy requirements and other 

edits to the final rule language that are 

intended to improve the understanding 

of the rule and avoid confusion. The 

recordkeeping and primacy 

requirements as corrected by today’s 

action were included in the cost 

calculations that were described in the 

preamble to the final RTCR and used to 

determine that Executive Order 13132 

does not apply to the final RTCR. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). This rule makes minor 

corrections to the final RTCR that will 

not have tribal implications. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the EO has the 

potential to influence the regulation. 

This action is not subject to EO 13045 

because it does not establish an 

environmental standard intended to 

mitigate health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211 (66 FR 28355, May 22, 

2001) because it is not a significant 

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10668 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, 12(d) (15 U.S.C. 272 note), directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when EPA decides not to use available 

and applicable voluntary consensus 

standards. 

This final rule makes only minor 

corrections and edits that do not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission. Agencies must do this by 

identifying and addressing, as 

appropriate, any disproportionately 

high and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this action 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. This rule makes minor 

corrections and edits to the final RTCR 

that will not have disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. 

K. Consultations With the Science 

Advisory Board, National Drinking 

Water Advisory Council, and the 

Secretary of Health and Human Services 

In accordance with section 1412(d) 

and (e) of SDWA, EPA consulted with 

the Science Advisory Board (SAB), 

National Drinking Water Advisory 

Council (NDWAC), and the Secretary of 

the U.S. Department of Health and 

Human Services on the final RTCR. 

Because today’s action is making only 

minor corrections to the final RTCR to 

correct typographical errors and other 

edits to the final rule language that are 

intended to improve the understanding 

of the rule and avoid confusion, EPA 

did not consult with the SAB, NDWAC 

or the Secretary on today’s action. 

L. Considerations of Impacts on 

Sensitive Subpopulations as Required 

by Section 1412(b)(3)(C)(i)(V) of the 

1996 Amendments of SDWA 

As required by Section 

1412(b)(3)(C)(i)(V) of SDWA, EPA 

sought public comment regarding the 

effects of contamination associated with 

the proposed RTCR on the general 

population and sensitive 

subpopulations. Sensitive 

subpopulations include ‘‘infants, 

children, pregnant women, the elderly, 

individuals with a history of serious 

illness, or other subpopulations that are 

identified as likely to be at greater risk 

of adverse health effects due to exposure 

to contaminants in drinking water than 

the general population’’ (SDWA section 

1412(b)(3)(C)(i)(V), 42 U.S.C. 300g– 

1(b)(3)(C)(i)(V)). As indicated in the 

preamble to the final RTCR, EPA 

anticipates that the requirements of the 

final RTCR will help reduce pathways 

of entry for fecal contamination and/or 

waterborne pathogens into the 

distribution system, thereby reducing 

exposure and risk from these 

contaminants in drinking water to the 

entire general population. 

Today’s final rule is making only 

minor corrections to the final RTCR to 

correct typographical errors and other 

edits to the final rule language that are 

intended to improve the understanding 

of RTCR and avoid confusion and does 

not alter the conclusion that the final 

RTCR seeks to provide a similar level of 

drinking water protection to all groups 

including sensitive subpopulations. 

M. Effect of Compliance With the Minor 

Corrections to the RTCR on the 

Technical, Financial, and Managerial 

Capacity of Public Water Systems 

Section 1420(d)(3) of SDWA, as 

amended, requires that, in promulgating 

an NPDWR, the Administrator shall 

include an analysis of the likely effect 

of compliance with the regulation on 

the technical, managerial and financial 

(TMF) capacity of PWSs. EPA 

completed an analysis of the impact of 

complying with the requirements of the 

RTCR on the TMF capacity of PWSs and 

a detailed discussion of EPA’s analysis 

was presented in chapter 8.14 of the 

RTCR EA. The PWS recordkeeping 

requirements as corrected by today’s 

rule were included in the analysis of the 

TMF capacity for the final RTCR and 

therefore no changes to that analysis are 

needed to accompany this action. 

N. Congressional Review Act 

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 (U.S.). 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 U.S. 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). This 

rule will be effective April 28, 2014. 

List of Subjects 

40 CFR Part 141 

Environmental protection, Chemicals, 

Incorporation by reference, Indianlands, Intergovernmental relations, 

Radiation protection, Reporting and 

recordkeeping requirements, Water 

supply. 

40 CFR Part 142 

Environmental protection, 

Administrative practice and procedure, 

Chemicals, Indian-lands, Radiation 

protection, Reporting and recordkeeping 

requirements, Water supply. 

Dated: February 10, 2014. 

Gina McCarthy, 

Administrator. 

For the reasons set forth in the 

preamble, Title 40 chapter 1 of the Code 

of Federal Regulations is amended as 

follows: 

PART 141—NATIONAL PRIMARY 

DRINKING WATER REGULATIONS 

■ 1. The authority citation for part 141 

continues to read as follows: 

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Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 10669 

Authority: 42 U.S.C. 300f, 300g–1, 300g– 

2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, 

300j–9, and 300j–11. 

■ 2. Appendix A to Subpart Q of Part 

141 is amended by revising entries I.A.1 

and I.A.2 to read as follows: 

Appendix A to Subpart Q of Part 141— 

NPDWR Violations and Other 

Situations Requiring Public Notice 1

Contaminant 

MCL/MRDL/TT violations 2 Monitoring, testing & reporting 

procedure violations 

Tier of public 

notice required Citation Tier of public 

notice required Citation 

I. Violations of National Primary Drinking Water Regulations (NPDWR): 3

A. Microbiological Contaminants 

1.a Total coliform bacteria † ............................................................ 2 141.63(a) ........ 3 141.21(a)–(e). 

1.b Total coliform (TT violations resulting from failure to perform 

assessments or corrective actions, monitoring violations, and 

reporting violations) ‡.

2 141.860(b)(1) .. 3 141.860(c)(1). 

.................... 141.860(d)(1). 

1.c Seasonal system failure to follow State-approved start-up plan 

prior to serving water to the public or failure to provide certification to State ‡.

2 141.860(b)(2) .. 3 141.860(d)(3). 

2.a Fecal coliform/E. coli † .............................................................. 1 141.63(b) ........ 4 1,3 141.21(e) 

2.b E. coli (MCL, monitoring, and reporting violations) ‡ ................ 1 141.860 (a) ..... 3 141.860(c)(2) 

.................... 141.860(d)(1). 

.................... 141.860(d)(2). 

2.c E. coli (TT violations resulting from failure to perform level 2 

Assessments or corrective action) ‡.

2 141.860(b)(1) .. ........................

*******

Appendix A—Endnotes 

† Until March 31, 2016. 

‡ Beginning April 1, 2016. 

1. Violations and other situations not listed 

in this table (e.g., failure to prepare 

Consumer Confidence Reports), do not 

require notice, unless otherwise determined 

by the primacy agency. Primacy agencies 

may, at their option, also require a more 

stringent public notice tier (e.g., Tier 1 

instead of Tier 2 or Tier 2 instead of Tier 3) 

for specific violations and situations listed in 

this Appendix, as authorized under 

§§ 141.202(a) and 141.203(a). 

2. MCL—Maximum contaminant level, 

MRDL—Maximum residual disinfectant 

level, TT—Treatment technique. 

3. The term Violations of National Primary 

Drinking Water Regulations (NPDWR) is used 

here to include violations of MCL, MRDL, 

treatment technique, monitoring, and testing 

procedure requirements. 

4. Failure to test for fecal coliform or E. coli 

is a Tier 1 violation if testing is not done after 

any repeat sample tests positive for coliform. 

All other total coliform monitoring and 

testing procedure violations are Tier 3. 

* * * * * 

■ 3. Section 141.852 is amended by 

revising the entry for ‘‘Total Coliforms’’ 

in the table in paragraph (a)(5) to read 

as follows: 

§ 141.852 Analytical methods and 

laboratory certification. 

(a) * * * 

(5) * * * 

Organism 

Methodology category Method 1 Citation 1

Total 

coliforms 

Lactose Fermentation 

Methods.

Standard Total Coliform Fermentation Technique Standard Methods 9221 B.1, B.2 (20th ed.; 21st 

ed.).2 3

........................................ ................................................................................ Standard Methods Online 9221 B.1, B.2–99.2 3

........................................ Presence-Absence (P–A) Coliform Test ............... Standard Methods 9221 D.1, D.2 (20th ed.; 21st 

ed.).2 7

........................................ ................................................................................ Standard Methods Online 9221 D.1, D.2–99.2 7

Membrane Filtration 

Methods.

Standard Total Coliform Membrane Filter Procedure.Standard Methods 9222 B, C (20th ed.; 21st 

ed.).2 4

........................................ ................................................................................ Standard Methods Online 9222 B–97 2 4, 9222 

C–97.2 4

........................................ Membrane Filtration using MI medium ................. EPA Method 1604.2

........................................ m-ColiBlue24® Test 2 4 ..........................................

........................................ Chromocult 2 4 ........................................................

Enzyme Substrate Methods.Colilert® ................................................................. Standard Methods 9223 B (20th ed.; 21st ed.).2 5

........................................ ................................................................................ Standard Methods Online 9223 B–97.2 5

........................................ Colisure® ............................................................... Standard Methods 9223 B (20th ed.; 21st 

ed.).256

........................................ ................................................................................ Standard Methods Online 9223 B–97.256

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10670 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Rules and Regulations 

Organism 

Methodology category Method 1 Citation 1

Total 

coliforms 

........................................ E*Colite® Test 2 .....................................................

........................................ Readycult® Test 2 ..................................................

........................................ modified Colitag® Test 2 ........................................

* * * * * * * 

1The procedures must be done in accordance with the documents listed in paragraph (c) of this section. For Standard Methods, either editions, 20th (1998) or 21st (2005), may be used. For the Standard Methods Online, the year in which each method was approved by the Standard 

Methods Committee is designated by the last two digits following the hyphen in the method number. The methods listed are the only online 

versions that may be used. For vendor methods, the date of the method listed in paragraph (c) of this section is the date/version of the approved 

method. The methods listed are the only versions that may be used for compliance with this rule. Laboratories should be careful to use only the 

approved versions of the methods, as product package inserts may not be the same as the approved versions of the methods. 2 Incorporated by reference. See paragraph (c) of this section. 

3 Lactose broth, as commercially available, may be used in lieu of lauryl tryptose broth, if the system conducts at least 25 parallel tests between lactose broth and lauryl tryptose broth using the water normally tested, and if the findings from this comparison demonstrate that the falsepositive rate and false-negative rate for total coliforms, using lactose broth, is less than 10 percent. 4All filtration series must begin with membrane filtration equipment that has been sterilized by autoclaving. Exposure of filtration equipment to 

UV light is not adequate to ensure sterilization. Subsequent to the initial autoclaving, exposure of the filtration equipment to UV light may be used 

to sanitize the funnels between filtrations within a filtration series. Alternatively, membrane filtration equipment that is pre-sterilized by the manufacturer (i.e., disposable funnel units) may be used. 5 Multiple-tube and multi-well enumerative formats for this method are approved for use in presence-absence determination under this regulation. 6 Colisure® results may be read after an incubation time of 24 hours. 7A multiple tube enumerative format, as described in Standard Methods for the Examination of Water and Wastewater 9221, is approved for 

this method for use in presence-absence determination under this regulation. 

* * * * * 

§ 141.855 [Amended] 

■ 4. Section 141.855 is amended by 

adding a reserved paragraph (d)(2). 

§ 141.861 [Amended] 

■ 5. In § 141.861, paragraph (b)(1) is 

amended by removing ‘‘§ 141.858’’ and 

adding in its place ‘‘§ 141.859’’. 

PART 142—NATIONAL PRIMARY 

DRINKING WATER REGULATIONS 

■ 6. The authority citation for part 142 

continues to read as follows: 

Authority: 42 U.S.C. 300f, 300g–1, 300g– 

2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, 

300j–9, and 300j–11. 

■ 7. Section 142.16 is amended by 

revising paragraphs (q)(2) introductory 

text and (q)(2)(ii) to read as follows: 

§ 142.16 Special primacy requirements. 

* * * * * 

(q) * * * 

(2) The State’s application for primacy 

for subpart Y must include a written 

description for each provision included 

in paragraphs (q)(2)(i) through (ix) of 

this section. 

* * * * * 

(ii) Reduced Monitoring Criteria—An 

indication of whether the State will 

adopt the reduced monitoring 

provisions of 40 CFR part 141, subpart 

Y. If the State adopts the reduced 

monitoring provisions, it must describe 

the specific types or categories of water 

systems that will be covered by reduced 

monitoring and whether the State will 

use all or a reduced set of the criteria 

specified in §§ 141.854(h)(2) and 

141.855(d)(1)(iii) of this chapter. For 

each of the reduced monitoring criteria, 

the State must describe how the 

criterion will be evaluated to determine 

when systems qualify. 

* * * * * 

[FR Doc. 2014–04173 Filed 2–25–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0638; FRL–9906–70] 

Fluxapyroxad; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluxapyroxad 

in or on multiple commodities which 

are identified and discussed later in this 

document. BASF Corporation requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 26, 2014. Objections and 

requests for hearings must be received 

on or before April 28, 2014, 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–2012–0638, 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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; 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 

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