13506 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

proposed in the tolerance petition 

submitted by the ISK Biosciences 

Corporation. The Agency used the 

Organization for Economic Cooperation 

and Development tolerance calculation 

procedures to determine that the 

tolerance level of 0.30 ppm is needed. 

The petitioner did not propose a 

separate tolerance for grape, raisin, but 

processing studies showed that residues 

could concentrate, necessitating a 

higher tolerance of 0.50 ppm. Finally, 

EPA has revised the tolerance 

expression to clarify that: 

1. As provided in FFDCA section 

408(a)(3), the tolerance covers 

metabolites and degradates of 

pyriofenone not specifically mentioned. 

2. Compliance with the specified 

tolerance levels is to be determined by 

measuring only the specific compounds 

mentioned in the tolerance expression. 

V. Conclusion 

Therefore, tolerances are established 

(without U.S. registrations) for residues 

of the fungicide, pyriofenone, including 

its metabolites and degradates, in or on 

grape at 0.30 ppm and grape, raisin at 

0.50 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under FFDCA section 408(d) of FFDCA 

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 

final rule has been exempted from 

review under Executive Order 12866, 

this final rule 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 final rule 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 tolerance 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 final rule 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 final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

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 of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule 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: February 17, 2012. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

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. Section 180.660 is added to subpart 

C to read as follows: 

§ 180.660 Pyriofenone; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the fungicide 

pyriofenone, including its metabolites 

and degradates, in or on the following 

commodities listed in the table. 

Compliance with the tolerance levels 

specified in the table is to be 

determined by measuring only 

pyriofenone, (5-chloro-2-methoxy-4- 

methyl-3-pyridinyl)(2,3,4-trimethoxy-6- 

methylphenyl) methanone, in or on the 

following commodities: 

Commodity Parts per 

million 

Grape 1 .......................................... 0.30 

Grape, raisin 1 ............................... 0.50 

1There are no U.S. registrations for grape 

and grape, raisin. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2012–5271 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2011–0108; FRL–9339–8] 

RIN 2070–AB27 

Modification of Significant New Uses 

of Tris Carbamoyl Triazine; Technical 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of February 8, 2012 

concerning the modification of 

significant new uses of the chemical 

substance identified generically as tris 

carbamoyl triazine, which was the 

subject of premanufacture notice (PMN) 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 13507 

P–95–1098. This document is being 

issued to correct a typographical error. 

DATES: This final rule is effective March 

9, 2012. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPPT–2011–0108. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number of the EPA/DC Public Reading 

Room is (202) 566–1744, and the 

telephone number for the OPPT Docket 

is (202) 566–0280. Docket visitors are 

required to show photographic 

identification, pass through a metal 

detector, and sign the EPA visitor log. 

All visitor bags are processed through 

an X-ray machine and subject to search. 

Visitors will be provided an EPA/DC 

badge that must be visible at all times 

in the building and returned upon 

departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Tracey 

Klosterman, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–2209; email address: 

klosterman.tracey@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA–Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

The Agency included in the final rule 

a list of those who may be potentially 

affected by this action. If you have 

questions regarding the applicability of 

this action to a particular entity, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What does this technical correction 

do? 

When modifying the significant new 

uses for tris carbamoyl triazine, EPA 

inadvertently included in § 721.9719 

(a)(2)(ii), a cross reference to paragraph 

(g)(1)(ix) in § 721.72, which requires 

warnings for developmental effects. EPA 

did not intend to include this 

requirement when modifying the 

significant new uses for tris carbamoyl 

triazine and did not identify potential 

concerns for developmental effects in 

the proposed rule or final rule. This 

document corrects that typographical 

error. 

The regulatory text for FR Doc. 2012– 

2909 published in the Federal Register 

of February 8, 2012 (77 FR 6476)(FRL– 

9330–6) is corrected as follows: 

§ 721.9719 [Corrected] 

On page 6479, second column, in 

paragraph (a)(2)(ii), line 5, remove 

‘‘(g)(1)(ix),’’. 

III. Why is this correction issued as a 

final rule? 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

Agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the Agency may issue a final 

rule without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this technical correction 

final without prior proposal and 

opportunity for comment, because 

notice and comment are unnecessary. 

The hazard communication requirement 

that is being removed was never 

intended to be included in the 

significant new use rule (SNUR), the 

PMN submitter who brought the error to 

EPA’s attention is familiar with the 

issue, and EPA is not aware of and does 

not expect there to be persons who 

would be adversely affected by the 

change as there are no companies 

making plans based on erroneous notice 

and no harm resulting from deleting the 

unnecessary requirement for a 

developmental effect warning. EPA 

finds that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). 

IV. Do any of the Statutory and 

Executive Order Reviews apply to this 

action? 

This action corrects an error in the 

final rule published in the Federal 

Register of February 8, 2012, modifying 

significant new uses of tris carbamoyl 

triazine; it does not otherwise amend or 

impose any other requirements. This 

action is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Further, this action does not impose 

new or change any information 

collection burden that requires 

additional review by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). The information collection 

activities contained in the regulations 

are already approved under OMB 

control numbers 2070–0012. An agency 

may not conduct or sponsor, and a 

person is not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in 40 CFR are listed 

in 40 CFR part 9 and on corresponding 

collection instruments, as applicable. 

On February 18, 2012, EPA certified 

pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), that promulgation of 

a SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: (1) A significant 

number of significant new use notices 

(SNUNs) would not be submitted by 

small entities in response to the SNUR, 

and (2) the SNUN submitted by any 

small entity would not cost significantly 

more than $8,300. A copy of that 

certification is available in the docket 

for this rule. 

This action is within the scope of the 

February 18, 2012 certification. Based 

on the Economic Analysis discussed in 

the final modified SNUR and EPA’s 

experience promulgating SNURs 

(discussed in the certification), EPA 

believes that the following are true: (1) 

A significant number of SNUNs would 

not be submitted by small entities in 

response to the SNUR and (2) 

submission of the SNUN would not cost 

any small entity significantly more than 

$8,300. Therefore, this technical 

correction would not have a significant 

economic impact on a substantial 

number of small entities. 

State, local, and tribal governments 

were not expected to be affected by the 

February 8, 2012 final rule (see Unit 

IX.D. through Unit IX.F. of the preamble 

to that action), and, similarly, this 

action is not expected to affect these 

governments. Accordingly, pursuant to 

Title II of the Unfunded Mandates 

Reform Act (UMRA) (2 U.S.C. 1531– 

1538), EPA has determined that this 

action is not subject to the requirements 

in UMRA sections 202 and 205 because 


srobinson on DSK4SPTVN1PROD with RULES
13508 Federal Register / Vol. 77, No. 45 / Wednesday, March 7, 2012 / Rules and Regulations 

it does not contain a Federal mandate 

that may result in expenditures of $100 

million or more for State, local, and 

tribal governments, in the aggregate, or 

for the private sector in any 1 year. In 

addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in UMRA sections 203 and 

204. For the same reasons, EPA has 

determined that this action does not 

have ‘‘federalism implications’’ as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999), because it would 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 the 

order. Thus, Executive Order 13132 

does not apply to this action. Nor does 

it have ‘‘tribal implications’’ as specified 

in Executive Order 13175, entitled 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

22951, November 9, 2000). Thus, 

Executive Order 13175 does not apply 

to this action. 

Since this action is not economically 

significant under Executive Order 

12866, it is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997) and Executive Order 

13211, entitled Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001). In addition, 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern health or safety 

risks, which is not the case in this 

action. 

This action does not involve technical 

standards that would require the 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act (NTTAA) (15 U.S.C. 

272). 

This action does not have an adverse 

impact on the environmental and health 

conditions in low-income and minority 

communities. Therefore, this action 

does not involve special consideration 

of environmental justice related issues 

as specified in Executive Order 12898, 

entitled Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

Agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. 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 this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: February 24, 2012. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

[FR Doc. 2012–5392 Filed 3–6–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 530 and 531 

[Docket No. 11–17] 

RIN 3072–AC47 

Certainty of Terms of Service 

Contracts and NVOCC Service 

Arrangements 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission amends its rules regarding 

certainty of terms of service contracts 

and non-vessel-operating common 

carrier service arrangements. The rule 

provides common carriers and shippers 

with certainty and flexibility by 

facilitating their use of long-term 

contracts that adjust based upon an 

index reflecting changes in market 

conditions. 

DATES: The Final Rule is effective March 

7, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725. 

SUPPLEMENTARY INFORMATION: 

Background 

By Notice of Proposed Rulemaking 

(NPR) published on October 13, 2011, 

76 FR 63581, the Federal Maritime 

Commission (FMC or Commission) 

proposed to amend its rules for terms of 

service contracts and Non-VesselOperating Common Carrier service 

arrangements (NSA). The NPR was 

intended to remove uncertainty in the 

use of freight rate or other indices in 

service contracts and NSAs, while also 

assisting common carriers and shippers 

in pursuing stability and flexibility 

through long-term contracts. 

The Commission found that an 

increasing number of service contracts 

filed with the Commission reference 

indices. The ocean freight rates in those 

service contracts adjust in increments 

based upon the changes in the 

referenced index levels or their annual 

or quarterly averages. The Commission 

believes that this trend has started to 

appear because carriers and shippers in 

the ocean transportation industry are 

seeking stability through long-term 

contracts, while trying to preserve 

flexibility to adjust contract rates 

reflecting changes in market conditions. 

The Commission’s current regulation 

with respect to terms of service 

contracts and NSAs require that the 

terms, if they are not explicitly 

contained in the contracts, must be 

‘‘contained in a publication widely 

available to the public and well known 

within the industry.’’ 46 CFR 

530.8(c)(2), 531.6(c)(2). The Commission 

has received inquiries from the industry 

as to whether certain freight rate indices 

meet the Commission’s requirement. For 

example, until August 2011, the 

Transpacific Stabilization Agreement 

(TSA) index was not available to the 

public, even though some service 

contracts referenced the TSA index 

before its publication. In addition, 

although many index publishers’ 

current index levels are available to the 

public mostly without charge, access to 

their historical data often requires 

payment of subscription fees that can 

reach up to several thousand dollars per 

year. 

While the Commission began to 

consider whether the service contracts 

referencing indices comport with its 

regulation, the Commission also sought 

to revise its regulations so that they are 

not unnecessarily burdensome and do 

not impede innovation and flexibility in 

commercial arrangements between 

common carriers and shippers. 

The final rule would facilitate 

references to indices in service contracts 

and NSAs so that contracting parties can 

pursue long-term contracts with rates 

that adjust through an agreed and 

ascertainable manner. 


srobinson on DSK4SPTVN1PROD with RULES