Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations 38223 

least 10 meet the minimum 

requirements for § 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting half-face respirator 

equipped with N100 (if oil aerosols 

absent), R100, or P100 filters; 

(B) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

loose- fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

(D) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters; or 

(E) NIOSH-certified supplied-air 

respirator operated in pressure demand 

or continuous flow mode and equipped 

with a hood or helmet, or tight-fitting 

facepiece (either half-face or full-face). 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80 (f), (j), (s)(1000 

kilograms), (v)(1), and (v)(2). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), and (i) are 

applicable to manufacturers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

The provisions of § 721.1725(b)(1) 

apply to this section. 

■ 16. Add § 721.10279 to subpart E to 

read as follows: 

§ 721.10279 Multi-walled carbon 

nanotubes (generic) (P–10–246). 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified 

generically as multi-walled carbon 

nanotubes (PMN P–10–246) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. The 

requirements of this rule do not apply 

to quantities of the PMN substance after 

it has been completely reacted (cured); 

embedded or incorporated into a 

polymer matrix that itself has been 

reacted (cured); embedded in a 

permanent solid polymer form that is 

not intended to undergo further 

processing, except for mechanical 

processing. 

(2) The significant new uses are: 

(i) Protection in the workplace. 

Requirements as specified in 

§ 721.63(a)(1), (a)(2)(i), (a)(2)(ii), (a)(3), 

(a)(4), (a)(6)(i), (a)(6)(ii), and (c). When 

determining which persons are 

reasonably likely to be exposed as 

required for § 721.63(a)(1) and (a)(4), 

engineering control measures (e.g., 

physical containment, exhaust control 

ventilation, or isolation) or 

administrative control measures (e.g., 

workplace policies and procedures) 

shall be considered and implemented to 

prevent exposure, where feasible. The 

following National Institute for 

Occupational Safety and Health 

(NIOSH)-certified respirators with an 

assigned protection factor (APF) of at 

least 50 meet the minimum 

requirements for § 721.63(a)(4): 

(A) NIOSH-certified air-purifying, 

tight-fitting full-face respirator equipped 

with N100 (if oil aerosols absent), R100, 

or P100 filters; 

(B) NIOSH-certified powered airpurifying respirator equipped with a 

loose-fitting hood or helmet and high 

efficiency particulate air (HEPA) filters; 

or 

(C) NIOSH-certified powered airpurifying respirator equipped with a 

tight-fitting facepiece (either half-face or 

full-face) and HEPA filters. 

(ii) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(f), (k) (conductivity 

additive to resins, rubber, and to battery 

electrodes), and (q). 

(iii) Release to water. Requirements as 

specified in § 721.90(b)(1), and (c)(1). 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), (d), (e), (i), and (k) 

are applicable to manufacturers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

(3) Determining whether a specific use 

is subject to this section. The provisions 

of § 721.1725(b)(1) apply to paragraph 

(a)(2)(ii) of this section. 

■ 17. Add § 721.10280 to subpart E to 

read as follows: 

§ 721.10280 Benzene ethenyl-, polymer 

with 1,3-butadiene, brominated. 

(a) Chemical substance and 

significant new uses subject to reporting. 

(1) The chemical substance identified as 

benzene ethenyl-, polymer with 1,3- 

butadiene, brominated (PMN P–10–476; 

CAS No. 1195978–93–8)) is subject to 

reporting under this section for the 

significant new uses described in 

paragraph (a)(2) of this section. 

(2) The significant new uses are: 

(i) Industrial, commercial, and 

consumer activities. Requirements as 

specified in § 721.80(j) (manufacture by 

the method where the average number 

molecular weight is in the range of 1000 

to 10,000 daltons, or where less than 5 

percent of the particles are in the 

respirable range of 10 microns or less 

and the average number molecular 

weight is greater than or equal to 10,000 

daltons). 

(ii) [Reserved] 

(b) Specific requirements. The 

provisions of subpart A of this part 

apply to this section except as modified 

by this paragraph. 

(1) Recordkeeping. Recordkeeping 

requirements as specified in 

§ 721.125(a), (b), (c), and (i) are 

applicable to manufacturers, and 

processors of this substance. 

(2) Limitations or revocation of 

certain notification requirements. The 

provisions of § 721.185 apply to this 

section. 

[FR Doc. 2013–15032 Filed 6–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2013–0007; FRL–9826–4] 

Approval and Promulgation of 

Implementation Plans; Designation of 

Areas for Air Quality Planning 

Purposes; California; South Coast Air 

Basin; Approval of PM10 Maintenance 

Plan and Redesignation to Attainment 

for the PM10 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving, as a 

revision to the California State 

implementation plan (SIP), the State’s 

request to redesignate the Los AngelesSouth Coast Air Basin (South Coast) to 

attainment for the 24-hour particulate 

matter of ten microns or less (PM10) 

national ambient air quality standard 

(NAAQS). EPA is also approving the 

PM10 maintenance plan and the 

associated PM10 motor vehicle 

emissions budgets for use in 

transportation conformity 

determinations necessary for the South 

Coast PM10 area. Finally, EPA is 

approving the attainment year emissions 

inventory. EPA is taking these actions 

because the SIP revision meets the 

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38224 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations 

1See letter, Elaine Chang, DrPH, Deputy 

Executive Officer, South Coast Air Quality 

Management District, to Wienke Tax, US 

Environmental Protection Agency, Region IX, dated 

May 8, 2013, in the docket for today’s action. 

requirements of the Clean Air Act (CAA) 

and EPA guidance for such plans and 

motor vehicle emissions budgets. 

DATES: Effective Date: This rule is 

effective on July 26, 2013. 

ADDRESSES: You may inspect the 

supporting information for this action, 

identified by docket number EPA–R09– 

OAR–2013–0007, by one of the 

following methods: 

1. Federal eRulemaking portal, 

http://www.regulations.gov, please 

follow the online instructions; or, 

2. Visit our regional office at, U.S. 

Environmental Protection Agency 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105–3901. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., voluminous records, large 

maps, copyrighted material), and some 

may not be publicly available in either 

location (e.g., Confidential Business 

Information). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, EPA Region IX, (415) 947– 

4192, tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comment and EPA Response 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On April 8, 2013 (78 FR 20868), based 

on EPA’s review of the Final PM10

Redesignation Request and 

Maintenance Plan for the South Coast 

Air Basin (December 2009) (‘‘2009 

South Coast PM10 Redesignation 

Request and Maintenance Plan’’) 

submitted by California, air quality 

monitoring data, and other relevant 

materials, EPA proposed to approve the 

State of California’s request to 

redesignate the South Coast PM10

nonattainment area to attainment of the 

PM10 NAAQS, pursuant to CAA sections 

107(d)(3)(E) and 175A. The background 

for today’s actions is discussed in detail 

in EPA’s April 8, 2013 proposed 

rulemaking and technical support 

document (TSD). 

We based our conclusion that the area 

had attained the standard on our 

determination that the three years of 

complete, quality-assured data for the 

period 2008–2010 showed that the 

South Coast PM10 nonattainment area 

had attained the PM10 NAAQS. 

We also determined based on more 

recent data that the area continues to 

attain the NAAQS based on certified, 

quality-assured 2012 data. Data for 2013 

have not been submitted to EPA’s Air 

Quality System (AQS) and are not 

required to be submitted until June 30, 

2013. 

Our proposed approval of the 

redesignation request was based on 

EPA’s finding that the area meets all 

other CAA redesignation requirements 

under section 107(d)(3)(E) and the CAA 

maintenance plan requirements under 

section 175A. 

EPA proposed to approve the State’s 

maintenance plan, which includes SIPapproved control measures for fugitive 

dust, open burning and wood burning 

devices, cement manufacturing, 

aggregate and related operations, and 

paved and unpaved roads, among 

others. Implementation of these control 

measures has resulted in attainment of 

the PM10 NAAQS in the South Coast 

nonattainment area and the continued 

implementation of these control 

measures is expected to provide for 

maintenance of the PM10 NAAQS into 

the future. We also proposed to approve 

the motor vehicle emissions budgets 

associated with the plan because the 

plan demonstrated that these emissions 

levels, when considered with emissions 

from all other sources, were consistent 

with maintenance of the NAAQS. 

Finally, EPA proposed to approve the 

attainment year emissions inventory 

submitted with the maintenance plan as 

meeting the requirements of CAA 

section 172(c)(3). 

II. Public Comments and EPA 

Responses 

EPA provided for a 30-day public 

comment period on our proposed 

action. The comment period ended on 

May 8, 2013. We received one comment 

letter from the South Coast Air Quality 

Management District (SCAQMD or 

District) on May 8, 2013.1 We respond 

to that comment here. 

Comment: SCAQMD strongly 

supports EPA’s proposed action. The 

District also commented that it 

submitted, through CARB, exceptional 

events packages requesting exclusion of 

monitoring data from multiple sites in 

the SCAQMD network from October 21, 

2007 and July 5, 2007 under EPA’s 

Exceptional Events Rule (72 FR 28612, 

May 22, 2007). The exceptional events 

requests were submitted to EPA by 

CARB on October 23, 2009 and 

December 22, 2009, respectively. The 

letter also requested EPA to 

acknowledge the requests if EPA did not 

evaluate these requests before taking 

final action on this proposal. 

Response: EPA received two 

exceptional events requests from CARB 

for South Coast monitoring data from 

2007 on October 23, 2009 and December 

22, 2009. EPA is not taking any action 

on the exceptional events requests cited 

in the District’s comment letter. It is not 

necessary for EPA to process those 

requests because this final action is 

based on monitored data occurring after 

the time of those requests. Therefore, 

whether we granted or denied the 

exceptional events requests concerning 

data from 2007, it would not have any 

bearing on our action today. 

III. EPA’s Final Action 

Based on our review of the 2009 

South Coast PM10 Redesignation 

Request and Maintenance Plan 

submitted by the State, air quality 

monitoring data, and other relevant 

materials, EPA finds that the State has 

addressed all the necessary 

requirements for redesignation of the 

South Coast air basin to attainment of 

the PM10 NAAQS, pursuant to CAA 

sections 107(d)(3)(E) and 175A. 

First, under CAA section 107(d)(3)(D), 

we are approving CARB’s request, 

which accompanied the submittal of the 

maintenance plan, to redesignate the 

South Coast PM10 nonattainment area to 

attainment for the 24-hour PM10

NAAQS. We are doing so based on our 

conclusion that the area has met the five 

criteria for redesignation under CAA 

section 107(d)(3)(E). Our conclusion is 

based on our determination that the area 

has attained the 24-hour PM10 NAAQS; 

that relevant portions of the California 

SIP are fully approved; that the 

improvement in air quality is due to 

permanent and enforceable reductions 

in emissions; that California has met all 

requirements applicable to the South 

Coast PM10 nonattainment area with 

respect to section 110 and part D of the 

CAA; and that we are approving the 

South Coast PM10 maintenance plan as 

part of today’s action. 

Second, in connection with the 2009 

South Coast PM10 Redesignation 

Request and Maintenance Plan, EPA is 

finding that the maintenance 

demonstration showing how the area 

will continue to attain the 24-hour PM10

NAAQS for at least 10 years beyond 

redesignation (i.e., through 2030) and 

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Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations 38225 

the associated motor vehicle emissions 

budgets meet applicable CAA 

requirements for maintenance plans and 

transportation conformity requirements 

under 40 CFR 93.118(e). We are also 

approving the 2010 emissions inventory 

as meeting the applicable requirements 

for emissions inventories in CAA 

sections 175A and 172. 

With today’s action, we are finalizing 

our approval of the motor vehicle 

emissions budgets. After the effective 

date of today’s final rule, the approved 

budgets must be used in any future 

regional emissions analysis for PM10

conducted by the local metropolitan 

planning organization, the Southern 

California Association of Governments, 

and the Federal Highway 

Administration. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

these reasons, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the final 

action does not apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. Nonetheless, in accordance 

with EPA’s 2011 Policy on Consultation 

and Coordination with Tribes, EPA has 

notified Tribes located within the South 

Coast PM10 nonattainment area of this 

action. 

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. EPA will submit a 

report containing this action 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 26, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: June 12, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region 9. 

Part 52, Chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(426) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(426) The following plan was 

submitted on April 28, 2010, by the 

Governor’s Designee. 

(i) [Reserved] 

(ii) Additional materials. 

(A) South Coast Air Quality 

Management District. 

(1) Final PM10 Redesignation Request 

and Maintenance Plan for the South 

Coast Air Basin (December 2009) (2009 

South Coast PM10 Redesignation 

Request and Maintenance Plan), 

adopted January 8, 2010. 

(2) SCAQMD Board Resolution 10–1, 

dated January 8, 2010, adopting the 

2009 South Coast PM10 Redesignation 

Request and Maintenance Plan. 

(B) State of California Air Resources 

Board. 

(1) CARB Resolution 10–21, dated 

March 25, 2010, adopting the 2009 

South Coast PM10 Redesignation 

Request and Maintenance Plan. 

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38226 Federal Register / Vol. 78, No. 123 / Wednesday, June 26, 2013 / Rules and Regulations 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—[Amended] 

■ 4. Section 81.305 is amended in the 

table for ‘‘California-PM–10’’ by revising 

the entry under Riverside, Los Angeles, 

Orange, and San Bernardino Counties 

for the ‘‘South Coast Air Basin’’ to read 

as follows: 

§ 81.305 California. 

* * * * * 

CALIFORNIA—PM–10 

Designated area 

Designation Classification 

Date Type Date Type 

*******

Riverside, Los Angeles, Orange, and San Bernardino Counties......................... ................................................. ........................ ........................

South Coast Air Basin ...................................................... 7/26/13 Attainment .............................. ........................ ........................

*******

* * * * * 

[FR Doc. 2013–15145 Filed 6–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0889; FRL–9391–4] 

Sulfoxaflor; Pesticide Tolerances; 

Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical correction. 

SUMMARY: EPA issued a final rule in the 

Federal Register of May 17, 2013, 

concerning the establishment of 

tolerances for the insecticide sulfoxaflor 

on multiple commodities. This 

document corrects an inadvertent error 

by moving the tolerances established 

under 40 CFR 180.670 to 40 CFR 

180.668 and removing § 180.670. This 

document additionally removes the 

time-limited tolerances for cotton, 

undelinted seed; cotton, gin byproducts; 

and cotton, hulls as the tolerances have 

been superseded by permanent 

tolerances. 

DATES: This final rule is effective June 

26, 2013. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0889, 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), EPA West 

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: 

Jennifer Urbanski, Registration Division, 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–0156; email address: 

urbanski.jennifer@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. 

II. What does this technical correction 

do? 

EPA issued a final rule in the Federal 

Register on May 17, 2013 (78 FR 29041), 

establishing tolerances for residues of 

the insecticide sulfoxaflor in or on 

multiple commodities. That rule 

incorrectly established tolerances for 

sulfoxaflor in a new section of 40 CFR 

part 180 (§ 180.670). Instead of creating 

a new section for these tolerances, EPA 

should have added those newly 

established sulfoxaflor tolerances to the 

already existing sulfoxaflor tolerances 

contained in 40 CFR 180.668. The 

incorrect regulatory designations were 

due to an inadvertent error in the 

Federal Register publication. Therefore, 

this action corrects this error by 

transferring the tolerances contained in 

§ 180.670 to § 180.668 and removes 

§ 180.670. In addition, EPA is removing 

the time-limited tolerances for cotton, 

undelinted seed; cotton, gin byproducts; 

and cotton, hulls contained in 

paragraph (b) of § 180.668 since these 

time-limited tolerances have been 

superseded by permanent tolerances 

that were established in the May 17, 

2013 rule (78 FR 29041). 

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 this 

action does not make any substantive 

alterations in the existing tolerances. It 

is merely a housekeeping measure. 

Today’s action merges the contents of 

two existing regulations that contain 

sulfoxaflor tolerances and removes the 

time-limited tolerances contained in 

§ 180.668(b) since they have been 

superseded by permanent tolerances 

contained in paragraph (a). 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 final rule implements a technical 

correction to the Code of Federal 

Regulations, and it does not otherwise 

impose or amend any requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this action is not subject to 

notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

mstockstill on DSK4VPTVN1PROD with RULES