### 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 ‘‘H T ’’;

■ 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,


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

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-tert butyl-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 residuesof 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.