[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Rules and Regulations]
[Pages 14393-14395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06065]



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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.

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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 [email protected]. 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 Admin is tra tive 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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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

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.


0
2. In Sec.  82.13, revise paragraphs (y) and (z) to read as follows:


Sec.  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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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.
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[FR Doc. 2016-06065 Filed 3-16-16; 8:45 am]
BILLING CODE 6560-50-P