Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 9315 

APPROXIMATE EQUIVALENCES AMONG CARCINOGEN CLASSIFICATION SCHEMES

IARC GHS NTP RoC 

Group 1 ........................................... Category 1A ................................... Known. 

Group 2A ......................................... Category 1B ................................... Reasonably Anticipated (See Note 1). 

Group 2B ......................................... Category 2 ..................................... Reasonably Anticipated (See Note 1). 

Note 1: 

1. Limited evidence of carcinogenicity from 

studies in humans (corresponding to IARC 

2A/GHS 1B); 

2. Sufficient evidence of carcinogenicity 

from studies in experimental animals (again, 

essentially corresponding to IARC 2A/GHS 

1B); 

3. Less than sufficient evidence of 

carcinogenicity in humans or laboratory 

animals; however: 

a. The agent, substance, or mixture belongs 

to a well-defined, structurally-related class of 

substances whose members are listed in a 

previous RoC as either ‘‘Known’’ or 

‘‘Reasonably Anticipated’’ to be a human 

carcinogen, or 

b. There is convincing relevant information 

that the agent acts through mechanisms 

indicating it would likely cause cancer in 

humans. 

* * * * * 

PART 1915—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS FOR 

SHIPYARD EMPLOYMENT 

Subpart Z—[Amended] 

■ 11. The authority citation for Part 

1915 continues to read as follows: 

Authority: Section 41, Longshore and 

Harbor Workers’ Compensation Act (33 

U.S.C. 941); Sections. 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); Secretary of Labor’s 

Order No. 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 

31160), 4–2010 (75 FR 55355), or 1–2012 (77 

FR 3912), as applicable; and 29 CFR Part 

1911. 

Section 1915.100 also issued under 49 

U.S.C. 1801–1819 and 5 U.S.C. 553. 

Sections 1915.120 and 1915.152 of 29 CFR 

also issued under 29 CFR part 1911. 

§ 1915.1001 [Amended] 

■ 12. Amend § 1915.1001 by removing 

the words ‘‘Material Safety Data Sheet’’ 

and adding in their place ‘‘safety data 

sheet’’ and removing the acronym 

‘‘MSDS’’ and adding in its place ‘‘SDS’’ 

in Appendix K, section 3.1.(e). 

PART 1926—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS FOR 

CONSTRUCTION 

Subpart D—[Amended] 

■ 13. The authority citation for Part 

1926 Subpart D continues to read as 

follows: 

Authority: Section 107 of the Contract 

Work Hours and Safety Standards Act (40 

U.S.C. 3704); Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, and 657); and Secretary 

of Labor’s Order No. 12–71 (36 FR 8754), 8– 

76 (41 FR 25059), 9–83 (48 FR 35736), 1–90 

(55 FR 9033), 6–96 (62 FR 111), 3–2000 (65 

FR 50017), 5–2002 (67 FR 65008), 5–2007 (72 

FR 31159), 4–2010 (75 FR 55355), or 1–2012 

(77 FR 3912) as applicable; and 29 CFR part 

1911. 

Sections 1926.58, 1926.59, 1926.60, and 

1926.65 also issued under 5 U.S.C. 553 and 

29 CFR part 1911. 

Section 1926.61 also issued under 49 

U.S.C. 1801–1819 and 6 U.S.C. 553. 

Section 1926.62 also issued under section 

1031 of the Housing and Community 

Development Act of 1992 (42 U.S.C. 4853). 

Section 1926.65 also issued under section 

126 of the Superfund Amendments and 

Reauthorization Act of 1986, as amended 

(reprinted at 29 U.S.C.A. 655 Note), and 5 

U.S.C. 553. 

§ 1926.64 [Amended] 

■ 14. Amend § 1926.64 as follows: 

■ a. Remove the words ‘‘material safety 

data sheet’’ and add in their place 

‘‘safety data sheet’’ wherever they 

appear in Appendix C; 

■ b. Remove the words ‘‘material safety 

data sheets’’ and add in their place 

‘‘safety data sheets’’ wherever they 

appear in Appendix C; 

■ c. Remove the acronym ‘‘MSDS’’ and 

add in its place ‘‘SDS’’ wherever it 

appears in Appendix C. 

§ 1926.65 [Amended] 

■ 15. Amend § 1926.65 by removing the 

words ‘‘material safety data sheets’’ and 

adding in their place ‘‘safety data 

sheets’’ wherever they appear in 

Appendix E. 

Subpart Z—[Amended] 

■ 16. The authority citation for Part 

1926 Subpart Z continues to read as 

follows: 

Authority: Section 107 of the Contract 

Work Hours and Safety Standards Act (40 

U.S.C. 3704); Sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 1970 

(29 U.S.C. 653, 655, 657); and Secretary of 

Labor’s Order No. 12–71 (36 FR 8754), 8–76 

(41 FR 25059), 9–83 (48 FR 35736), 1–90 (55 

FR 9033), 6–96 (62 FR 111), 3–2000 (65 FR 

50017), 5–2002 (67 FR 65008), 5–2007 (72 FR 

31159), 4–2010 (75 FR 55355), or 1–2012 (77 

FR 3912) as applicable; and 29 CFR part 

1911. 

Section 1926.1102 not issued under 29 

U.S.C. 655 or 29 CFR part 1911; also issued 

under 5 U.S.C. 553. 

§ 1926.1101 [Amended] 

■ 17. Amend § 1926.1101 remove and 

reserve paragraph (k)(8)(v). 

[FR Doc. 2013–01416 Filed 2–7–13; 8:45 am] 

BILLING CODE 4510–26–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0013; FRL–9777–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Removal of the Mount Saint 

Mary’s College 1979 Consent Order 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a State 

Implementation Plan (SIP) revision 

submitted by the Maryland Department 

of the Environment (MDE) pertaining to 

the F. Keeler Company Boiler at Mount 

Saint Mary’s College. This revision 

removes the Mount Saint Mary’s College 

1979 Consent Order (1979 Consent 

Order) from the Maryland SIP because 

the coal-fired F. Keeler Boiler has been 

modified by removing the coal-firing 

capability and converting the boiler to 

fire natural gas with No. 2 fuel oil as 

backup. EPA is approving this SIP 

revision because the 1979 Consent 

Order is no longer required as the 

modified gas-fired unit can comply with 

all visible emission and particulate 

requirements in the Maryland SIP, and 

this 1979 Consent Order is no longer 

required to satisfy any applicable 

Federal regulations or the Clean Air Act 

(CAA). This action is being taken under 

the CAA. 


wreier-aviles on DSK7SPTVN1PROD with RULES
9316 Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 

DATES: This rule is effective on April 9, 

2013 without further notice, unless EPA 

receives adverse written comment by 

March 11, 2013. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0013 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: mastro.donna@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0013, 

Donna Mastro, Acting Associate 

Director, (215) 814–2777, Air Protection 

Division, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0013. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Maria Pino, Air Protection Division, 

Project officer, (215) 814–2181, or by 

email at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The 1979 Consent Order provided an 

exception to Maryland’s fuel burning 

regulations for Mount Saint Mary’s 

College to allow the construction of a 25 

million British Thermal Units (BTU) per 

hour coal-fired boiler. The specific 

regulations of concern for the coal-fired 

boiler at Mount Saint Mary’s College 

were: COMAR 10.18.03.02B 

(requirement for zero visible emissions); 

COMAR 10.18.03.03B(2)b (requirement 

that particulate matter (PM) not exceed 

0.03 grains per dry standard cubic foot 

(gr/dscf)); COMAR 10.18.03.03B(2)c(2) 

(requirement for dust collectors); and 

COMAR 10.18.03.06D(2) (prohibition of 

small solid-fuel boilers). MDE approved 

the construction of the coal-fired boiler 

because the coal-fired boiler was in a 

rural area and minimal impact on air 

quality was expected from particulate 

emissions from the boiler. The boiler 

was required to meet COMAR 

10.18.03.02A (requirement not to exceed 

20% opacity) and COMAR 

10.18.03.03B(3) (requirement that PM 

emissions not exceed 0.10 gr/dscf). The 

1979 Consent Order between Mount 

Saint Mary’s College and Maryland was 

approved by EPA into the Maryland SIP 

on March 18, 1980. 45 FR 17144 

(approving the 1979 Consent Order into 

Maryland SIP because no ambient air 

quality standards would be violated by 

operation of the boiler). Subsequently, 

in January 1983, Mount Saint Mary’s 

College installed multicyclones on the 

boiler for additional control of PM. 

II. Summary of the SIP Revision 

On November 19, 2012, MDE 

submitted a revision (#12–05) to remove 

the 1979 Consent Order from 

Maryland’s SIP because the coal-fired F. 

Keeler Boiler has been converted to fire 

natural gas with No. 2 fuel oil as 

backup. On July 18, 2000, MDE issued 

a permit to convert the boiler to natural 

gas with No. 2 oil as backup fuel. The 

converted gas-fired boiler is able to 

comply with all Maryland regulations, 

including visible emissions standards. 

Therefore, the 1979 Consent Order is no 

longer required and MDE has requested 

that it be removed from the Maryland 

SIP. 

III. Final Action 

EPA’s review of the SIP revision 

submitted by MDE on November 19, 

2012 indicates that the 1979 Consent 

Order is no longer required as the 

modified gas-fired boiler is able to 

comply with all applicable Federal 

regulations and the Maryland SIP. 

Therefore, EPA is approving the SIP 

revision submitted by MDE on 

November 19, 2012 to remove the 1979 

Consent Order. The 1979 Consent Order 

is no longer required to satisfy any 

applicable Federal regulations or the 

CAA. EPA is publishing this rule 

without prior proposal because EPA 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on April 9, 2013 without 

further notice unless EPA receives 

adverse comment by March 11, 2013. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rulemaking action 

based on the proposed rule. EPA will 

not institute a second comment period 

on this rulemaking action. Any parties 

interested in commenting must do so at 

this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 27 / Friday, February 8, 2013 / Rules and Regulations 9317 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is 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.); 

• does 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is 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 CAA; and 

• does 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 SIP is 

not approved to 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. 

B. Submission to Congress and the 

Comptroller General 

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 804, 

however, exempts from section 801 the 

following types of rules: rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

C. Petitions for Judicial Review 

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 April 9, 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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action to approve a revision to 

the Maryland SIP to remove the Mount 

Saint Mary’s College 1979 Consent 

Order from the SIP may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: January 25, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 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 V—Maryland 

§ 52.1070 [Amended] 

■ 2. In § 52.1070, the table in paragraph 

(d) is amended by removing the entry 

for Mt. Saint Mary’s College. 

[FR Doc. 2013–02817 Filed 2–7–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 174 

[EPA–HQ–OPP–2012–0795; FRL–9376–4] 

Glycine max Herbicide-Resistant 

Acetolactate Synthase; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the Glycine 

max herbicide-resistant acetolactate 

synthase (GM–HRA) enzyme when used 

as a plant-incorporated protectant inert 

ingredient in or on the food and feed 

commodities of soybean. Pioneer HiBred International, Inc. (DuPont 

Pioneer), submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of Glycine 

max herbicide-resistant acetolactate 

synthase enzyme in or on the food and 

feed commodities of soybean. 

DATES: This regulation is effective 

February 8, 2013. Objections and 

requests for hearings must be received 

on or before April 9, 2013, 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–2012–0795, 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 


wreier-aviles on DSK7SPTVN1PROD with RULES