42542 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 

this chapter regarding no participation 

by investigative or prosecuting officers; 

(3) The Public Representative and 

other Commission personnel assigned to 

represent the interests of the general 

public pursuant to 39 U.S.C. 505 in the 

specific case or controversy at issue 

(regardless of normally assigned duties); 

and 

(4) Contractors, consultants, and 

others hired by the Commission to 

provide an independent analysis of 

issues before the Commission (and 

Commission employees assigned 

thereto). 

§ 3008.5 Prohibitions. 

(a) Ex parte communications between 

Commission decision-making 

personnel, and the Postal Service or 

public stakeholders is prohibited. 

(b) Commission decision-making 

personnel shall not rely upon any 

information obtained through ex parte 

communications unless the 

communications are made part of the 

record of the proceeding, where an 

opportunity for rebuttal has been 

provided, and reliance on the 

information will not cause undue delay 

or prejudice to any party. 

(c) Paragraph (a) of this section does 

not constitute authority to withhold 

information from Congress. 

§ 3008.6 Required action upon ex parte 

communications. 

(a) Commission decision-making 

personnel who receive ex parte 

communications relevant to the merits 

of the proceeding shall decline to listen 

to such communications and explain 

that the matter is pending for 

determination. Any recipient thereof 

shall advise the communicator that the 

communication will not be considered, 

and shall promptly and fully inform the 

Commission in writing of the substance 

of and the circumstances attending the 

communication, so that the Commission 

will be able to take appropriate action. 

(b) Commission decision-making 

personnel who receive, or who make or 

knowingly cause to be made, ex parte 

communications prohibited by this part 

shall promptly place, or cause to be 

placed, on the public record of the 

proceeding: 

(1) All such written communications; 

(2) Memoranda stating the substance 

of all such oral communications; and 

(3) All written responses, and 

memoranda stating the substance of all 

oral responses, to the materials 

described in paragraphs (b)(1) and (2) of 

this section. 

(c) Requests for an opportunity to 

rebut, on the record, any facts or 

contentions contained in an ex parte 

communication which have been placed 

on the public record of the proceeding 

pursuant to paragraph (b) of this section 

may be filed in writing with the 

Commission. The Commission will 

grant such requests only where it 

determines that the dictates of fairness 

so require. In lieu of actually receiving 

rebuttal material, the Commission may 

in its discretion direct that the alleged 

factual assertion and the proposed 

rebuttal be disregarded in arriving at a 

decision. 

§ 3008.7 Penalty for violation of ex parte 

communication rules. 

(a) The penalties for violation of ex 

parte communication rules specified in 

this section are applicable only to: 

(1) Nature of postal service 

proceedings conducted pursuant to 39 

U.S.C. 3661(c); 

(2) Appeal of Postal Service decisions 

to close or consolidate any post office 

conducted pursuant to 39 U.S.C. 

404(d)(5); and 

(3) Rate or service complaints 

conducted pursuant to 39 U.S.C. 3662. 

(b) Upon notice of a communication 

knowingly made or knowingly caused to 

be made by a participant in violation of 

§ 3008.5(a), the Commission or 

presiding officer may, to the extent 

consistent with the interests of justice 

and the policy of the underlying 

statutes, require the participant to show 

cause why his/her claim or interest in 

the proceeding should not be dismissed, 

denied, disregarded, or otherwise 

adversely affected on account of such 

violation. 

(c) The Commission may, to the 

extent consistent with the interests of 

justice and the policy of the underlying 

statutes administered by the 

Commission, consider a violation of 

§ 3008.5(a) sufficient grounds for a 

decision adverse to a party who has 

knowingly committed such violation or 

knowingly caused such violation to 

occur. 

By the Commission. 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2016–15349 Filed 6–29–16; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

Standards of Performance for New 

Stationary Sources 

CFR Correction 

In Title 40 of the Code of Federal 

Regulations, Part 60 (§ 60.1 to end of 

part 60 sections), revised as of July 1, 

2015, make the following corrections: 

■ 1. Reinstate the symbol < in the 

following places: 

■ a. On page 85, in § 60.13, paragraph 

(h)(2)(viii), before the term ‘‘30 

minutes’’; 

■ b. On page 667, in § 60.562–1, 

paragraph (a)(1)(ii) table 3, in row 1., in 

the second column, after ‘‘0.10’’ and 

before ‘‘5.5’’; 

■ c. On page 667, in § 60.562–1, 

paragraph (a)(1)(ii) table 3, in row 3., in 

the second column, after ‘‘5.5’’ and 

before ‘‘20’’; 

■ d. On page 706, in § 60.614, (f)(2) table 

2, in the first column, in the first two 

entries, after ‘‘HT’’; 

■ e. On page 719, in § 60.643, paragraph 

(a)(1)(ii), after ‘‘R’’; 

■ f. On page 734, in § 60.664, paragraph 

(f)(2) table 2, in the first column, in the 

first two entries, after ‘‘HT’’; 

■ g. On page 1208, in § 60.5410, 

paragraph (g)(1)(ii), after ‘‘R’’; 

■ h. On page 1222, in § 60.5415, 

paragraph (g)(1)(ii), after ‘‘R’’. 

■ 2. Reinstate the symbol ≤, in the 

following places: 

■ a. On page 501, in § 60.332, paragraph 

(a)(4), in the first row of the table, after 

‘‘N’’ and before ‘‘.015’’, 

■ b. On pages 1111–1112, in table 1 to 

subpart KKKK, in the second column, 

before the number ‘‘50’’ in the first, 

second, fifth, sixth, and ninth entries; 

■ c. On pages 1111–1112, in table 1 to 

subpart KKKK, in the second column, 

before the number ‘‘850’’ in the third, 

seventh, tenth and eleventh entries’ 

■ d. On pages 1111–1112, in table 1 to 

subpart KKKK, in the second column, 

before the number ‘‘30’’ in the twelfth 

entry. 

■ a. On page 649, in § 60.543, paragraph 

(f)(2)(iv)(I), after ‘‘(n’’ and before ‘‘3)’’; 

■ b. On page 706, in § 60.614, (f)(2) table 

2, in the first column, in the third and 

fourth entries, after ‘‘HT’’; 

■ c. On page 719, in § 60.643, paragraph 

(a)(1)(i), after ‘‘R’’; 

■ d. On page 734, in § 60.664, paragraph 

(f)(2) table 2, in the first column, in the 

third and fourth entries, after ‘‘HT’’; 

■ e. On page 1208, in § 60.5410, 

paragraph (g)(1)(i), after ‘‘R’’; 

■ f. On page 1222, in § 60.5415, 

paragraph (g)(1)(i), after ‘‘R’’. 

■ 4. Reinstate the symbol > in the 

following places: 

■ a. On pages 1111–1112, in table 1 to 

subpart KKKK, in the second column, 

before the number ‘‘50’’ in the third, 

seventh, tenth, and eleventh entries; 

■ b. On pages 1111–1112, in table 1 to 

subpart KKKK, in the second column, 


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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 42543 

before the number ‘‘850’’ in the fourth 

and eighth entries; 

■ c. On pages 1112, in table 1 to subpart 

KKKK, in the second column, before the 

number ‘‘30’’ in the thirteenth entry. 

[FR Doc. 2016–15707 Filed 6–29–16; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0183; FRL–9947–45] 

Pentaerythritol tetrakis (3-(3,5-di-tertbutyl-4-hydroxyphenyl)propionate); 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

exemptions from the requirement of a 

tolerance for residues of pentaerythritol 

tetrakis (3-(3,5-di-tert-butyl-4- 

hydroxyphenyl)propionate) (CAS Reg. 

No. 6683–19–8) under 40 CFR 180.910 

and 180.930 when used as an inert 

ingredient (antioxidant/stabilizer) in 

pesticide formulations applied to 

growing crops and raw agricultural 

commodities after harvest at a 

maximum concentration of 5% by 

weight in the formulation and applied 

to animals at a maximum concentration 

of 3% by weight in the formulation, 

respectively. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting establishment of 

these exemptions from the requirement 

of a tolerance. These regulations 

eliminate the need to establish a 

maximum permissible level for residues 

of pentaerythritol tetrakis (3-(3,5-di-tertbutyl-4-hydroxyphenyl)propionate) for 

these uses. 

DATES: This regulation is effective June 

30, 2016. Objections and requests for 

hearings must be received on or before 

August 29, 2016, 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–2016–0183, 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 Printing 

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–2016–0183 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 August 29, 2016. 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– 

2016–0183, 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 April 25, 

2016 (81 FR 24044) (FRL–9944–86), 

EPA issued a document pursuant to 

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

announcing the filing of a pesticide 

petition (PP IN–10829) by BASF 

Corporation, 100 Park Avenue, Florham 

Park, NJ 07932. The petition requested 

that 40 CFR 180.910 and 180.930 be 

amended by establishing an exemption 

from the requirement of a tolerance for 

residues of pentaerythritol tetrakis (3- 

(3,5-di-tert-butyl-4- 

hydroxyphenyl)propionate) (CAS Reg. 

No. 6683–19–8) when used as an inert 

ingredient antioxidant/stabilizer in 

pesticide formulations applied to 

growing crops and raw agricultural 

commodities after harvest under 40 CFR 

180.910 at a maximum concentration of 

5% by weight in the formulation; and 

applied to animals under 40 CFR 

180.930 at a maximum concentration of 

3% by weight in the formulation. That 

document referenced a summary of the 

petition prepared by Lewis & Harrison 

LLC on behalf of BASF Corporation, the 

petitioner, which is available in the 

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


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