Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations 47311 

should assist in preventing confusion 

with regard to the proper nomenclature 

for this particular active ingredient in 

the future. EPA does not believe the 

change from ‘‘fumosoroseus’’ to 

‘‘fumosorosea’’ will cause confusion 

among the public as there is a clear 

history linking the first term to the 

second and because the names refer to 

the same microbe. 

IV. References 

1. U.S. EPA. 2011. Isaria fumosorosea 

Apopka Strain 97; Exemption From 

the Requirement of a Tolerance— 

Final Rule (Dated September 18, 

2011). Available from https://

www.gpo.gov/fdsys/pkg/FR-2011- 

09-28/pdf/2011-24990.pdf. 

2. USDA. 2011. Agricultural Research 

Service (ARS) Collection of 

Entomopathogenic Fungal 

Cultures—Isaria Plus Paecilomyces, 

Purpureocillium and Evlachovaea 

(Dated July 28, 2011). Available 

from http://www.ars.usda.gov/

sp2userfiles/place/80620510/

arsefpdfs/isaria.july2011.pdf. 

3. Zimmermann G. 2008. The 

entomopathogenic fungi Isaria 

farinosa (formerly Paecilomyces 

farinosus) and the Isaria 

fumosorosea species complex 

(formerly Paecilomyces 

fumosoroseus): biology, ecology and 

use in biological control. Biocontrol 

Science and Technology 18:865– 

901. Available from http://

www.tandfonline.com/doi/abs/

10.1080/09583150802471812. 

V. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

EPA. 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 tolerance exemption in this action, 

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. As a result, 

this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA 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, EPA 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 

EPA’s 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). 

VI. 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: July 6, 2016. 

Richard P. Keigwin, Jr., 

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. Add § 180.1335 to subpart D to read 

as follows: 

§ 180.1335 Isaria fumosorosea strain FE 

9901; exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Isaria fumosorosea strain FE 9901 in 

or on all food commodities when used 

in accordance with label directions and 

good agricultural practices. 

[FR Doc. 2016–17275 Filed 7–20–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 370 

[EPA–HQ–SFUND–2010–0763; FRL 9949– 

05–OLEM] 

RIN 2050–AG85 

Hazardous Chemical Reporting: 

Community Right-to-Know; Revisions 

to Hazard Categories and Minor 

Corrections; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment, correction. 

SUMMARY: The Environmental Protection 

Agency (EPA or the Agency) issued a 

final rule in the Federal Register on 

June 13, 2016 (81 FR 38104) amending 

its hazardous chemical reporting 

regulations. That document 

inadvertently omitted the hazard 

‘‘serious eye damage or eye irritation’’ in 

§ 370.66 under the definition of ‘‘health 

hazard’’. This action corrects that 

definition. 

DATES: Effective Date: This final rule is 

effective July 21, 2016. 

Compliance Date: The compliance 

date is January 1, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–SFUND–2010–0763. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 


Lhorne on DSK30JT082PROD with RULES
47312 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations 

e.g., 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 electronically through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Sicy 

Jacob, Office of Emergency 

Management, Mail Code 5104A, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue NW., Washington 

DC 20004; telephone number: (202) 

564–8019; email address: jacob.sicy@

epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

issued a final rule in the Federal 

Register of June 13, 2016 (81 FR 38104) 

amending its hazardous chemical 

regulations due to the changes in the 

Occupational Safety and Health 

Administration (OSHA) Hazard 

Communication Standard (HCS). The 

final rule inadvertently omitted the 

hazard ‘‘serious eye damage or eye 

irritation’’ in § 370.66 under the 

definition of ‘‘health hazard’’. This 

action is being issued to correct the 

omitted hazard in 40 CFR 370.66, which 

contains the definitions of the key 

words used in 40 CFR part 370. 

Specifically, under the definition of 

‘‘hazard category,’’ EPA inadvertently 

omitted the hazard, ‘‘serious eye damage 

or eye irritation’’ under the definition of 

‘‘health hazard.’’ This document 

corrects this error by adding the hazard, 

‘‘serious eye damage or eye irritation’’ in 

40 CFR 370.66 under the definition of 

‘‘health hazard.’’ 

List of Subjects in 40 CFR Part 370 

Environmental protection, Extremely 

hazardous substances, GHS, Hazard 

categories, Hazard class, Hazardous 

chemicals, OSHA HCS, Tier II Inventory 

Form. 

Dated: July 12, 2016. 

Mathy Stanislaus, 

Assistant Administrator, Office of Land and 

Emergency Management. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is corrected as 

follows: 

PART 370—HAZARDOUS CHEMICAL 

REPORTING: COMMUNITY RIGHT–TO– 

KNOW 

■ 1. The authority citation for part 370 

continues to read as follows: 

Authority: Sections 302, 311, 312, 322, 

324, 325, 327, 328, and 329 of the Emergency 

Planning and Community Right-To-Know 

Act of 1986 (EPCRA) (Pub. L. 99–499, 100 

Stat. 1613, 42 U.S.C. 11002, 11021, 11022, 

11042, 11044, 11045, 11047, 11048, and 

11049). 

■ 2. Amend § 370.66 by revising the 

definition of the term ‘‘Hazard 

category’’ to read as follows: 

§ 370.66 How are key words in this part 

defined? 

* * * * * 

Hazard category is divided into two 

categories, health and physical hazards. 

(1) Health hazard means a chemical 

which poses one of the following 

hazardous effects: Carcinogenicity; 

acute toxicity (any route of exposure); 

aspiration hazard; reproductive toxicity; 

germ cell mutagenicity; skin corrosion 

or irritation; respiratory or skin 

sensitization; serious eye damage or eye 

irritation; specific target organ toxicity 

(single or repeated exposure); simple 

asphyxiant; and hazard not otherwise 

classified (HNOC). 

(2) Physical hazard means a chemical 

which poses one of the following 

hazardous effects: Flammable (gases, 

aerosols, liquids or solids); gas under 

pressure; explosive; self-heating; 

pyrophoric (liquid or solid); pyrophoric 

gas; oxidizer (liquid, solid or gas); 

organic peroxide; self-reactive; in 

contact with water emits flammable gas; 

combustible dust; corrosive to metal; 

and hazard not otherwise classified 

(HNOC). 

* * * * * 

[FR Doc. 2016–17277 Filed 7–20–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 143 and 144 

[Docket No. USCG–2006–24412] 

RIN 1625–AB06 

Inspection of Towing Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; correction. 

SUMMARY: The Coast Guard is correcting 

a final rule that appeared in the Federal 

Register on June 20, 2016 (81 FR 40004). 

The document issued safety regulations 

governing the inspection, standards, and 

safety management systems of towing 

vessels. In that document there are 

errors in three regulations that refer to 

the date July 20, 2016. This rule corrects 

those errors. 

DATES: Effective July 20, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander William 

Nabach, Project Manager, CG–OES–2, 

Coast Guard, telephone 202–372–1386, 

email William.A.Nabach@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

In FR Doc. 2016–12857 appearing on 

page 40004 in the Federal Register of 

Monday, June 20, 2016, the following 

corrections are made: 

§ 143.300 [Corrected] 

■ 1. On page 40137, in the second 

column, in § 143.300 Pressure Vessels, 

in paragraph (d), ‘‘Pressure vessels 

installed after July 20, 2016 must meet 

the requirements of § 143.545.’’ is 

corrected to read ‘‘Pressure vessels 

installed after July 20, 2018, or the date 

the vessel obtains a Certificate of 

Inspection (COI), whichever date is 

earlier, must meet the requirements of 

§ 143.545.’’. 

§ 144.105 [Corrected] 

■ 2. On page 40141, in the third column, 

in § 144.105 Applicability and delayed 

implementation, in paragraph (c), the 

date ‘‘July 20, 2016’’ is corrected to read 

‘‘July 20, 2017’’. 

§ 144.135 [Corrected] 

■ 3. On page 40142, in Table 144.135, in 

paragraph (c), ‘‘A vessel on which a new 

installation that is not a ‘‘replacement in 

kind’’ is to be made after July 20, 2016.’’ 

is corrected to read ‘‘A vessel on which 

a new installation that is not a 

‘‘replacement in kind.’’’’ 

Dated: July 18, 2016. 

J.G. Lantz, 

Director of Commercial Regulations and 

Standards. 

[FR Doc. 2016–17224 Filed 7–20–16; 8:45 am] 

BILLING CODE 9110–04–P 


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