41348 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Proposed Rules 

VI. Statutory and Executive Order 

Reviews 

This proposed rule establishes a 

tolerance under FFDCA section 408(d) 

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 proposed rule has been exempted 

from review under Executive Order 

12866 due to its lack of significance, 

this proposed 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). This proposed rule does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., or 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). 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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

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). Pursuant to 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), the Agency hereby 

certifies that these proposed tolerances 

will not have significant negative 

economic impact on a substantial 

number of small entities. Establishing 

an a pesticide tolerance or an exemption 

from the requirement of a pesticide 

tolerance is, in effect, the removal of a 

regulatory restriction on pesticide 

residues in food and thus such an action 

will not have any negative economic 

impact on any entities, including small 

entities. In addition, the Agency has 

determined that this action will not 

have a substantial direct effect on 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 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that 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 proposed 

rule directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. 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). 

For these same reasons, the Agency has 

determined that this proposed rule does 

not have any ‘‘tribal implications’’ as 

described in Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

proposed rule will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this proposed rule. 

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 5, 2012. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, it is proposed that 40 CFR 

chapter I be 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 180.662 the table in 

paragraph (a) is amended by: 

i. Revising the entry for ‘‘Hog, 

Kidney’’ to read ‘‘Hog, meatbyproducts’’, 

ii. Revising the tolerance levels for 

‘‘Wheat, forage’’ and ‘‘Wheat, 

middlings’’, and 

iii. Alphabetically adding ‘‘Barley, 

bran’’; ‘‘Sugarcane, molasses’’; and 

‘‘Wheat, bran process’’. 

The amendments read as follows: 

§ 180.662 Trinexapac-ethyl; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

Barley, bran .............................. 2 .5 

* * * * * 

Hog, meat by-products ............. 0 .03 

* * * * * 

Sugarcane, molasses ............... 2 .5 

Wheat, bran process ................ 6 .0 

Wheat, forage ........................... 1 .0 

* * * * * 

Wheat, middlings ...................... 10 .5 

* * * * * 

* * * * * 

[FR Doc. 2012–17143 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R06–RCRA–2012–0411; FRL–9694–6] 

Louisiana: Final Authorization of StateInitiated Changes and Incorporation by 

Reference of State Hazardous Waste 

Management Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: During a review of 

Louisiana’s regulations, EPA identified 

a variety of State-initiated changes to 

Louisiana’s hazardous waste program 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Proposed Rules 41349 

under the Resource Conservation and 

Recovery Act, as amended (RCRA), for 

which the State had not previously 

sought authorization. EPA proposes to 

authorize the State for the program 

changes. In addition, EPA proposes to 

codify in the regulations entitled 

‘‘Approved State Hazardous Waste 

Management Programs’’, Louisiana’s 

authorized hazardous waste program. 

The EPA will incorporate by reference 

into the Code of Federal Regulations 

(CFR) those provisions of the State 

regulations that are authorized and that 

EPA will enforce under RCRA. 

DATES: Send written comments by 

August 13, 2012. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator, or Julia 

Banks, Codification Coordinator (6PD– 

O), Multimedia Planning and Permitting 

Division at the address shown below. 

You can examine copies of the materials 

that form the basis for this authorization 

and incorporation by reference during 

normal business hours at the following 

location: EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202–2733, 

phone number (214) 665–6533 or (214) 

665–8178. You may also submit 

comments electronically or through 

hand delivery/courier; please follow the 

detailed instructions in the ADDRESSES

section of the direct final rule which is 

located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson or Julia Banks at (214) 

665–8533 or (214) 665–8178. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ section of this 

Federal Register, the EPA is authorizing 

the changes to the Louisiana program, 

and codifying and incorporating by 

reference the State’s hazardous waste 

program as a direct final rule. The EPA 

did not make a proposal prior to the 

direct final rule because we believe 

these actions are not controversial and 

do not expect comments that oppose 

them. We have explained the reasons for 

this authorization and incorporation by 

reference in the preamble to the direct 

final rule. Unless we get written 

comments which oppose this 

authorization and incorporation by 

reference during the comment period, 

the direct final rule will become 

effective on the date it establishes, and 

we will not take further action on this 

proposal. If we get comments that 

oppose these actions, we will withdraw 

the direct final rule and it will not take 

effect. We will then respond to public 

comments in a later final rule based on 

this proposal. You may not have another 

opportunity for comment. If you want to 

comment on this action, you must do so 

at this time. For additional information, 

please see the immediate final rule 

published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: June 15, 2012. 

Samuel Coleman, 

Acting Regional Administrator, EPA Region 

6. 

[FR Doc. 2012–16827 Filed 7–12–12; 8:45 am] 

BILLING CODE 6560–50–P 

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