52674 Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 

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. In § 180.686, amend the table in 

paragraph (a) by: 

■ i. Adding alphabetically the 

commodities ‘‘Onion, bulb, subgroup 3– 

07A’’, ‘‘Onion, green, subgroup 3–07B’’, 

and 

■ ii. Revising the commodity 

‘‘Sugarcane, cane’’. 

The additions and revisions read as 

follows: 

§ 180.686 Benzovindiflupyr; tolerances for 

residues. 

(a) * * * 

Commodity 

Parts 

per 

million 

* * * * * 

Onion, bulb, subgroup 3–07A ...... 0.02 

Onion, green, subgroup 3–07B .... 0.40 

* * * * * 

Sugarcane, cane .......................... 0.30 

* * * * * 

* * * * * 

[FR Doc. 2017–24109 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–OPPT–2017–0197; FRL–9968–26] 

RIN 2070–AK32 

Community Right-to-Know; Adopting 

2017 North American Industry 

Classification System (NAICS) Codes 

for Toxics Release Inventory (TRI) 

Reporting; Withdrawal 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; withdrawal. 

SUMMARY: In the Federal Register of 

August 17, 2017, EPA published both a 

direct final rule and a proposed rule to 

update the list of NAICS codes subject 

to reporting under the TRI to reflect the 

Office of Management and Budget 

(OMB) 2017 NAICS code revision. As 

noted in the direct final rule, if EPA 

received relevant adverse comment on 

the proposed update, the Agency would 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the direct final 

action will not take effect. The Agency 

did receive a relevant adverse comment 

on the proposed update, and is therefore 

withdrawing the direct final rule and 

will instead proceed with a final rule 

based on the proposed rule after 

considering all public comments. 

DATES: Effective November 14, 2017 the 

direct final rule published in the 

Federal Register of August 17, 2017 (82 

FR 39038) (FRL–9964–77) is withdrawn. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: 

Stephanie Griffin, Toxics Release 

Inventory Program Division (7410M), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–1463; email address: 

griffin.stephanie@epa.gov. 

For general information contact: The 

Emergency Planning and Community 

Right-to-Know Information Center; 

telephone number: (800) 424–9346, TDD 

(800) 553–7672; Web site: https://

www.epa.gov/home/epa-hotlines. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

August 17, 2017. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

II. What rule is being withdrawn? 

In the August 17, 2017 Federal 

Register, EPA published both a direct 

final rule (see 82 FR 39038) and a 

proposed rule (see 82 FR 39101) 

pursuant to sections 313(g)(1) and 328 

of the Emergency Planning and 

Community Right-to-Know Act (EPCRA) 

for the purpose of updating the list of 

NAICS codes subject to TRI reporting 

under EPCRA section 313 to include 

OMB’s revised 2017 NAICS codes. The 

action would have also modified the list 

of relevant exceptions and limitations to 

the covered NAICS codes included in 

the CFR for TRI reporting purposes. 

Since the direct final rule and 

proposed rule’s publication, EPA 

received a public comment supporting 

the overall update, but noting that the 

direct final rule inadvertently omitted 

one of the covered NAICS codes 

updated by OMB. As a result of this 

omission, EPA is withdrawing the direct 

final rule published in the Federal 

Register on August 17, 2017, and will 

instead proceed with a final rule based 

on the proposed rule after considering 

(and responding to) all public comments 

received. 

III. How do I access the docket? 

To access the docket, please go to 

http://www.regulations.gov and follow 

the online instructions using the docket 

identification (ID) number EPA–HQ– 

OPPT–2017–0197. Additional 

information about the Docket Facility is 

also provided under ADDRESSES in the 

August 17, 2017 Federal Register 

document. If you have questions, 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

IV. Good Cause Finding 

EPA finds that there is ‘‘good cause’’ 

under the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)(3)(B)) to 

withdraw the direct final rule discussed 

in this document without prior notice 

and comment. Alongside the direct final 

rule, EPA published an identical 

proposed rule and gave notice in the 

Federal Register that the direct final 

rule would be withdrawn if the Agency 

received adverse comment. 

For this document, notice and 

comment is impracticable and 

unnecessary because EPA is under a 

time limit to publish this withdrawal 

before the direct final rule is to take 

effect to limit confusion among Federal 

agencies and the regulated community. 

As such, EPA has determined that this 

document is not subject to the 30-day 

delay of effective date generally 

required by 5 U.S.C. 553(d). This 

withdrawal must become effective prior 

to the effective date of the direct final 

rule being withdrawn. 

V. Statutory and Executive Order 

Reviews 

This document withdraws regulatory 

requirements that have not gone into 

effect. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

Executive Order review requirements 

applicable to the direct final rule being 

withdrawn were discussed in the 

August 17, 2017 Federal Register 

document. Those review requirements 

do not apply to this action because it is 

a withdrawal and does not contain any 

new or amended requirements. 

VI. Congressional Review Act (CRA) 

Pursuant to the CRA (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). Section 808 of the CRA allows 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 218 / Tuesday, November 14, 2017 / Rules and Regulations 52675 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by CRA if the agency makes a 

good cause finding that notice and 

public procedure is impracticable, 

unnecessary, or contrary to the public 

interest. As required by 5 U.S.C. 808(2), 

this determination is supported by a 

brief statement in Unit IV. 

List of Subjects in 40 CFR Part 372 

Environmental protection, 

Community right-to-know, Reporting 

and recordkeeping requirements, Toxic 

chemicals. 

Dated: November 7, 2017. 

E. Scott Pruitt, 

Administrator. 

[FR Doc. 2017–24633 Filed 11–13–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 151130999–6594–02] 

RIN 0648–XF821 

Fisheries of the Northeastern United 

States; Atlantic Bluefish Fishery; 

Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS announces that the 

State of New Jersey is transferring a 

portion of its 2017 commercial bluefish 

quota to the State of Rhode Island. This 

quota adjustment is necessary to comply 

with the Atlantic Bluefish Fishery 

Management Plan quota transfer 

provisions. This announcement informs 

the public of the revised commercial 

bluefish quotas for New Jersey and 

Rhode Island. 

DATES: Effective November 8, 2017, 

through December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Atlantic 

bluefish fishery are found in 50 CFR 

648.160 through 648.167. The 

regulations require annual specification 

of a commercial quota that is 

apportioned among the coastal states 

from Maine through Florida. The 

process to set the annual commercial 

quota and the percent allocated to each 

state are described in § 648.162 and the 

initial 2017 allocations were published 

on March 13, 2017 (82 FR 13402). 

The final rule implementing 

Amendment 1 to the Bluefish Fishery 

Management Plan published in the 

Federal Register on July 26, 2000 (65 FR 

45844), and provided a mechanism for 

transferring bluefish quota from one 

state to another. Two or more states, 

under mutual agreement and with the 

concurrence of the NMFS Greater 

Atlantic Regional Administrator, can 

request approval of a transfer of bluefish 

commercial quota under 

§ 648.162(e)(1)(i) through (iii). The 

Regional Administrator must first 

approve any such transfer based on the 

criteria in § 648.162(e). 

New Jersey is transferring 50,000 lb 

(22,680 kg) of Atlantic bluefish 

commercial quota to Rhode Island. This 

transfer was requested by state officials 

in Rhode Island to ensure their 2017 

commercial bluefish quota would not be 

exceeded. Both states have agreed to the 

transfer and certified that it meets all 

pertinent requirements. The revised 

bluefish quotas for calendar year 2017 

are now: New Jersey, 1,215,633 lb 

(551,402 kg); and Rhode Island, 731,563 

lb (331,831 kg); based on the initial 

quotas published in the 2016–2018 

Atlantic Bluefish Specifications and 

subsequent transfers. 

Classification 

This action is taken under 50 CFR 

part 648 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 8, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–24641 Filed 11–8–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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