Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations 14393 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2013–0369; FRL–9943–91– 

OAR] 

RIN 2060–AS44 

Protection of Stratospheric Ozone: The 

2016 Critical Use Exemption From the 

Phaseout of Methyl Bromide; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule in 

the Federal Register of October 15, 

2015, issuing critical use allowances for 

2016 and making non-substantive 

corrections to the quarantine and 

preshipment recordkeeping and 

reporting requirements. This document 

restores provisions that were 

inadvertently removed by that final rule. 

DATES: This rule is effective March 17, 

2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2013–0369. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

either electronically through 

www.regulations.gov or in hard copy at 

the Air and Radiation Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. 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 Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling, Stratospheric Protection 

Division, Office of Atmospheric 

Programs, Mail Code 6205T, 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460; telephone number (202) 343– 

9055; email address arling.jeremy@

epa.gov. You may also visit the methyl 

bromide section of the Ozone Depletion 

Web site of EPA’s Stratospheric 

Protection Division at www.epa.gov/

ozone/mbr for further information about 

the methyl bromide critical use 

exemption, other Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and related 

topics. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities and categories of entities 

potentially regulated by this action 

include producers, importers, and 

exporters of methyl bromide; 

applicators and distributors of methyl 

bromide; and users of methyl bromide. 

This list is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

regulated by this action. To determine 

whether your facility, company, 

business, or organization could be 

regulated by this action, you should 

carefully examine the regulations 

promulgated at 40 CFR part 82, subpart 

A. If you have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding section. 

II. What does this correction do? 

In a final rule EPA published in the 

Federal Register of October 15, 2015, 

(80 FR 61985) EPA made two technical 

corrections to the quarantine and 

preshipment recordkeeping and 

reporting provisions in section 82.13(y) 

and (z). As discussed in that final rule, 

section 82.13(y) contained a reference to 

paragraph (aa) where it should reference 

paragraph (y). Similarly, section 

82.13(z) contained a reference to 

paragraph (bb) where it should reference 

paragraph (z). That rule corrected the 

typographical error and was not 

intended to substantively change the 

recordkeeping and reporting 

requirements or the quarantine and 

preshipment exemption program. In 

making that edit, that rule inadvertently 

removed subparagraphs (y)(1)–(4) and 

(z)(1)–(2). This correction restores those 

subparagraphs under (y) and (z). The 

corrections will become effective 

immediately (without further 

rulemaking action) on March 17, 2016. 

III. Why is this correction issued as a 

final rule? 

Section 553(b)(B) of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(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 rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s action final 

without prior proposal and opportunity 

for comment because the changes to the 

rule are minor technical corrections and 

do not impose new requirements. Thus, 

notice and public procedure are 

unnecessary. We find that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

This rule is subject to the rulemaking 

procedures in section 553 of the APA. 

Section 553(d) of the APA generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. 

Section 553(d)(3) allows an agency, 

upon a finding of good cause, to make 

a rule effective less than 30 days after 

publication. The purpose of the 30-day 

waiting period prescribed in section 

553(d) is to give affected parties a 

reasonable time to adjust their behavior 

and prepare before the final rule takes 

effect. Because today’s changes restore 

pre-existing provisions that are already 

familiar to affected parties, we find good 

cause to make these technical 

corrections effective immediately. 

IV. Statutory and Executive Order and 

Statutory Reviews 

This final rule implements a technical 

correction to the Code of Federal 

Regulations, and it does not otherwise 

impose or amend any requirements. 

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 and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0482. The application, 

recordkeeping, and reporting 

requirements have already been 

established under previous methyl 

bromide rulemakings. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. This rule is not 

subject to notice and comment 

requirements because the Agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b). 


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14394 Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538. The action 

imposes no enforceable duty on any 

state, local or tribal governments or the 

private sector. 

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. This is a technical 

correction to restore text that was 

inadvertently removed from the Code of 

Federal Regulations. This rule does not 

impose any duties or responsibilities on 

state governments. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule does not 

significantly or uniquely affect the 

communities of Indian tribal 

governments nor does it impose any 

enforceable duties on communities of 

Indian tribal governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

Agency does not believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

This action does not pertain to any 

segment of the energy production 

economy nor does it regulate any 

manner of energy use. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes this action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it affects the level of 

environmental protection equally for all 

affected populations. This is a technical 

correction to restore text that was 

inadvertently removed from the Code of 

Federal Regulations. 

K. 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. 

Section 808 allows the issuing agency 

to make a rule effective sooner than 

otherwise provided by the CRA if the 

agency makes a good cause finding that 

notice and public procedure is 

impracticable, unnecessary or contrary 

to the public interest. This 

determination must be supported by a 

brief statement (5 U.S.C. 808(2)). As 

stated previously, EPA has made such a 

good cause finding, including the 

reasons therefore, and established an 

effective date of March 17, 2016. 

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. 

List of Subjects in 40 CFR Part 82 

Environmental protection, Chemicals, 

Exports, Imports, Ozone depletion. 

Dated: March 10, 2014. 

Janet McCabe, 

Acting Administrator for the Office of Air 

and Radiation. 

For the reasons stated in the 

preamble, 40 CFR part 82 is amended as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

■ 2. In § 82.13, revise paragraphs (y) and 

(z) to read as follows: 

§ 82.13 Recordkeeping and reporting 

requirements for class I controlled 

substances. 

* * * * * 

(y) Every distributor of methyl 

bromide (class I, Group VI controlled 

substances) who purchases or receives a 

quantity produced or imported solely 

for quarantine or preshipment 

applications under the exemptions in 

this subpart must comply with 

recordkeeping and reporting 

requirements specified in this paragraph 

(y). 

(1) Every distributor of methyl 

bromide must certify to the producer or 

importer that quantities received that 

were produced or imported solely for 

quarantine and preshipment 

applications under the exemptions in 

this subpart will be used only for 

quarantine applications or preshipment 

applications in accordance with the 

definitions in this subpart. 

(2) Every distributor of a quantity of 

methyl bromide that was produced or 

imported solely for quarantine or 

preshipment applications under the 

exemptions in this subpart must receive 

from an applicator a certification of the 

quantity of class I, Group VI controlled 

substances ordered, prior to delivery of 

the quantity, stating that the quantity 

will be used solely for quarantine or 

preshipment applications in accordance 

with definitions in this subpart. 

(3) Every distributor of methyl 

bromide who receives a certification 

from an applicator that the quantity 

ordered and delivered will be used 

solely for quarantine and preshipment 

applications in accordance with 

definitions in this subpart must 

maintain the certifications as records for 

3 years. 

(4) Every distributor of methyl 

bromide who receives a certification 

from an applicator that the quantity 

ordered and delivered will be used 

solely for quarantine and preshipment 

applications in accordance with 

definitions in this subpart must report 

to the Administrator within 45 days 

after the end of each quarter, the total 

quantity delivered for which 

certifications were received that stated 

the class I, Group VI controlled 

substance would be used solely for 

quarantine and preshipment 

applications in accordance with 

definitions in this Subpart. 

(z) Every applicator of class I, Group 

VI controlled substances who purchases 

or receives a quantity produced or 

imported solely for quarantine and 

preshipment applications under the 

exemptions in this subpart must comply 

with recordkeeping and reporting 


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Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Rules and Regulations 14395 

requirements specified in this paragraph 

(z). 

(1) Recordkeeping—Applicators. 

Every applicator of class I, Group VI 

controlled substances produced or 

imported solely for quarantine and 

preshipment applications under the 

exemptions of this subpart must 

maintain, for every application, a 

document from the commodity owner, 

shipper or their agent requesting the use 

of class I, Group VI controlled 

substances citing the regulatory 

requirement that justifies its use in 

accordance with definitions in this 

subpart. These documents shall be 

retained for 3 years. 

(2) Reporting—Applicators. Every 

applicator of class I, Group VI 

controlled substances who purchases or 

receives a quantity of class I, Group VI 

controlled substance that was produced 

or imported solely for quarantine and 

preshipment applications under the 

exemptions in this subpart shall provide 

the distributor of the methyl bromide, 

prior to shipment of the class I, Group 

VI controlled substance, with a 

certification that the quantity of 

controlled substances will be used only 

for quarantine and preshipment 

applications as defined in this subpart. 

* * * * * 

[FR Doc. 2016–06065 Filed 3–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2016–0002; Internal 

Agency Docket No. FEMA–8423] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Patricia Suber, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4149. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 


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