80 FR 14024 - 2-Propenoic acid, polymer With ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate; Tolerance Exemption
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 52 (March 18, 2015)
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14024-14027 | |
| FR Document | 2015-06227 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Rules and Regulations] [Pages 14024-14027] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06227] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2014-0847; FRL-9923-63] 2-Propenoic acid, polymer With ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate; Tolerance Exemption AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2- propenoate; when used as an inert ingredient in a pesticide chemical formulation. BASF Corporation 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 2- Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate on food or feed commodities. DATES: This regulation is effective March 18, 2015. Objections and requests for hearings must be received on or before May 18, 2015, 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-2014-0874, 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), West William Jefferson Clinton 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: Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Crop production (NAICS code 111). Animal production (NAICS code 112). Food manufacturing (NAICS code 311). Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of 40 CFR part 180 through the Government Publishing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. [[Page 14025]] C. Can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA-HQ-OPP-2014-0874 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before May 18, 2015. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA-HQ-OPP-2014-0874, by one of the following methods. Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. II. Background and Statutory Findings In the Federal Register of January 28, 2015 (80 FR 4527) (FRL-9921- 55), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-10770) filed by BASF Corporation, 100 Park Avenue, Florham Park, NJ 07932. The petition requested that 40 CFR 180.960 be amended by establishing an exemption from the requirement of a tolerance for residues of 2- Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate; CAS Reg. No. 85075-52- 1. That document included a summary of the petition prepared by the petitioner and solicited comments on the petitioner's request. The Agency did not receive any comments. Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and use in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing an exemption from the requirement of a tolerance and to ``ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . .'' and specifies factors EPA is to consider in establishing an exemption. III. Risk Assessment and Statutory Findings EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be shown that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established. Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action and considered its validity, completeness and reliability and the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. In the case of certain chemical substances that are defined as polymers, the Agency has established a set of criteria to identify categories of polymers expected to present minimal or no risk. The definition of a polymer is given in 40 CFR 723.250(b) and the exclusion criteria for identifying these low-risk polymers are described in 40 CFR 723.250(d). 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate conforms to the definition of a polymer given in 40 CFR 723.250(b) and meets the following criteria that are used to identify low-risk polymers. 1. The polymer is not a cationic polymer nor is it reasonably anticipated to become a cationic polymer in a natural aquatic environment. 2. The polymer does contain as an integral part of its composition the atomic elements carbon, hydrogen, and oxygen. 3. The polymer does not contain as an integral part of its composition, except as impurities, any element other than those listed in 40 CFR 723.250(d)(2)(ii). 4. The polymer is neither designed nor can it be reasonably anticipated to substantially degrade, decompose, or depolymerize. 5. The polymer is manufactured or imported from monomers and/or reactants that are already included on the TSCA Chemical Substance Inventory or manufactured under an applicable TSCA section 5 exemption. 6. The polymer is not a water absorbing polymer with a number average molecular weight (MW) greater than or equal to 10,000 Daltons. Additionally, the polymer also meets as required the following exemption criteria specified in 40 CFR 723.250(e). 7. The polymer's number average MW of >50,000 Daltons is greater than or equal to 10,000 Daltons. The polymer contains less than 2% oligomeric material below MW 500 and less than 5% oligomeric material below MW 1,000. Thus, 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate meets the criteria for a polymer to be considered low risk under 40 CFR 723.250. Based on its conformance to the criteria in this unit, no mammalian toxicity is anticipated [[Page 14026]] from dietary, inhalation, or dermal exposure to 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2- propenoate could be present in all raw and processed agricultural commodities and drinking water, and that non-occupational non-dietary exposure was possible. The number average MW of 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate is >50,000 Daltons. Generally, a polymer of this size would be poorly absorbed through the intact gastrointestinal tract or through intact human skin. Since 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2- propenoate conform to the criteria that identify a low-risk polymer, there are no concerns for risks associated with any potential exposure scenarios that are reasonably foreseeable. The Agency has determined that a tolerance is not necessary to protect the public health. V. Cumulative Effects From Substances With a Common Mechanism of Toxicity Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider ``available information'' concerning the cumulative effects of a particular pesticide's residues and ``other substances that have a common mechanism of toxicity.'' EPA has not found 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate to share a common mechanism of toxicity with any other substances, and 2- Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that 2- Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2- ethylhexyl 2-propenoate and ethyl 2-propenoate does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative. VI. Additional Safety Factor for the Protection of Infants and Children Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base unless EPA concludes that a different margin of safety will be safe for infants and children. Due to the expected low toxicity of 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate, EPA has not used a safety factor analysis to assess the risk. For the same reasons the additional tenfold safety factor is unnecessary. VII. Determination of Safety Based on the conformance to the criteria used to identify a low- risk polymer, EPA concludes that there is a reasonable certainty of no harm to the U.S. population, including infants and children, from aggregate exposure to residues of 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2- propenoate. VIII. Other Considerations A. Existing Exemptions From a Tolerance There are no existing exemptions from a tolerance for 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2- propenoate and ethyl 2-propenoate polymers. B. Analytical Enforcement Methodology An analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation. IX. Conclusion Accordingly, EPA finds that exempting residues of 2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate from the requirement of a tolerance will be safe. X. Statutory and Executive Order Reviews This action 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 action has been exempted from review under Executive Order 12866, this action 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) or Executive Order 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), 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). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian Tribes. Thus, the Agency has determined that Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). 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 [[Page 14027]] Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). XI. Congressional Review Act Pursuant to the Congressional Review Act (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). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 12, 2015. Susan Lewis, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is 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. 0 2. In Sec. 180.960, the table is amended by alphabetically adding an entry for ``2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate, minimum number average molecular weight (50,149 Daltons)'' after the entry for ``2-propenoic acid polymer, with 1,3-butadiene and ethenylbenzene, minimum number average molecular weight (in amu), 9400'' to read as follows: Sec. [emsp14]180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 2-Propenoic acid, polymer with ethenyl acetate, 85075-52-1 ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2- propenoate, minimum number average molecular weight (50,149 Daltons)....................................... ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ [FR Doc. 2015-06227 Filed 3-17-15; 8:45 am] BILLING CODE 6560-50-P
![14024 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations
State effective
Provision EPA Approval date Explanation
date
* * * * * * *
110(a)(1) and (2) Infrastructure 9/20/2011 3/18/2015 ................................ Addressing the PSD permitting requirements of sections
Requirements for the 2008 [Insert Federal Register cita- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
Lead NAAQS. tion]. only.
110(a)(1) and (2) Infrastructure 7/17/2012 3/18/2015 ................................ Addressing the PSD permitting requirements of sections
Requirements for the 2008 [Insert Federal Register cita- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
Ozone NAAQS. tion]. only.
110(a)(1) and (2) Infrastructure 4/30/2014 3/18/2015 ................................ Addressing the PSD permitting requirements of sections
Requirements for the 2010 [Insert Federal Register cita- 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J)
NO2 NAAQS. tion]. only.
Subpart RR—Tennessee (2) Infrastructure Requirements for the § 52.2220 Identification of plan.
2010 NO2 NAAQS’’ at the end of the * * * * *
■ 8. Section 52.2220(e), is amended by table to read as follows:
adding a new entry for ‘‘110(a)(1) and (e) * * *
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of Applicable geographic or State effective
non-regulatory EPA Approval date Explanation
nonattainment area date
SIP provision
* * * * * * *
110(a)(1) and (2) Infra- Tennessee ................................. 3/13/2014 3/18/2015 [Insert Addressing the PSD permitting require-
structure Require- Federal Register ments of sections 110(a)(2)(C),
ments for the 2010 citation]. 110(a)(2)(D)(i)(II) (prong 3) and
NO2 NAAQS. 110(a)(2)(J) only.
[FR Doc. 2015–06112 Filed 3–17–15; 8:45 am] propenoate and ethyl 2-propenoate on DC 20460–0001; main telephone
BILLING CODE 6560–50–P food or feed commodities. number: (703) 305–7090; email address:
DATES: This regulation is effective RDFRNotices@epa.gov.
March 18, 2015. Objections and requests SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION for hearings must be received on or
AGENCY before May 18, 2015, and must be filed I. General Information
in accordance with the instructions A. Does this action apply to me?
40 CFR Part 180 provided in 40 CFR part 178 (see also
You may be potentially affected by
[EPA–HQ–OPP–2014–0847; FRL–9923–63] Unit I.C. of the SUPPLEMENTARY
this action if you are an agricultural
INFORMATION).
producer, food manufacturer, or
2-Propenoic acid, polymer With ADDRESSES: The docket for this action, pesticide manufacturer. The following
ethenyl acetate, ethenylbenzene, 2- identified by docket identification (ID) list of North American Industrial
ethylhexyl 2-propenoate and ethyl 2- number EPA–HQ–OPP–2014–0874, is Classification System (NAICS) codes is
propenoate; Tolerance Exemption available at http://www.regulations.gov not intended to be exhaustive, but rather
AGENCY: Environmental Protection or at the Office of Pesticide Programs provides a guide to help readers
Agency (EPA). Regulatory Public Docket (OPP Docket) determine whether this document
ACTION: Final rule.
in the Environmental Protection Agency applies to them. Potentially affected
Docket Center (EPA/DC), West William entities may include:
SUMMARY: This regulation establishes an Jefferson Clinton Bldg., Rm. 3334, 1301 • Crop production (NAICS code 111).
exemption from the requirement of a Constitution Ave. NW., Washington, DC • Animal production (NAICS code
tolerance for residues of 2-Propenoic 20460–0001. The Public Reading Room 112).
acid, polymer with ethenyl acetate, is open from 8:30 a.m. to 4:30 p.m., • Food manufacturing (NAICS code
ethenylbenzene, 2-ethylhexyl 2- Monday through Friday, excluding legal 311).
propenoate and ethyl 2-propenoate; holidays. The telephone number for the • Pesticide manufacturing (NAICS
when used as an inert ingredient in a Public Reading Room is (202) 566–1744, code 32532).
pesticide chemical formulation. BASF and the telephone number for the OPP
Corporation submitted a petition to EPA Docket is (703) 305–5805. Please review B. How can I get electronic access to
under the Federal Food, Drug, and the visitor instructions and additional other related information?
wreier-aviles on DSK5TPTVN1PROD with RULES
Cosmetic Act (FFDCA), requesting an information about the docket available You may access a frequently updated
exemption from the requirement of a at http://www.epa.gov/dockets. electronic version of 40 CFR part 180
tolerance. This regulation eliminates the FOR FURTHER INFORMATION CONTACT: through the Government Publishing
need to establish a maximum Susan Lewis, Registration Division Office’s e-CFR site at http://
permissible level for residues of 2- (7505P), Office of Pesticide Programs, www.ecfr.gov/cgi-bin/text-
Propenoic acid, polymer with ethenyl Environmental Protection Agency, 1200 idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
acetate, ethenylbenzene, 2-ethylhexyl 2- Pennsylvania Ave. NW., Washington, 40tab_02.tpl.
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![Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Rules and Regulations 14027
Transfer and Advancement Act List of Subjects in 40 CFR Part 180 Authority: 21 U.S.C. 321(q), 346a and 371.
(NTTAA) (15 U.S.C. 272 note). Environmental protection, ■ 2. In § 180.960, the table is amended
XI. Congressional Review Act Administrative practice and procedure, by alphabetically adding an entry for ‘‘2-
Agricultural commodities, Pesticides Propenoic acid, polymer with ethenyl
Pursuant to the Congressional Review and pests, Reporting and recordkeeping acetate, ethenylbenzene, 2-ethylhexyl 2-
Act (5 U.S.C. 801 et seq.), EPA will requirements. propenoate and ethyl 2-propenoate,
submit a report containing this rule and Dated: March 12, 2015. minimum number average molecular
other required information to the U.S. Susan Lewis, weight (50,149 Daltons)’’ after the entry
Senate, the U.S. House of Director, Registration Division, Office of for ‘‘2-propenoic acid polymer, with 1,3-
Representatives, and the Comptroller Pesticide Programs. butadiene and ethenylbenzene,
General of the United States prior to minimum number average molecular
Therefore, 40 CFR chapter I is weight (in amu), 9400’’ to read as
publication of the rule in the Federal amended as follows:
Register. This action is not a ‘‘major follows:
rule’’ as defined by 5 U.S.C. 804(2). PART 180—[AMENDED] § 180.960 Polymers; exemptions from the
1. The authority citation for part 180 requirement of a tolerance.
continues to read as follows: * * * * *
Polymer CAS No.
* * * * * * *
2-Propenoic acid, polymer with ethenyl acetate, ethenylbenzene, 2-ethylhexyl 2-propenoate and ethyl 2-propenoate, minimum
number average molecular weight (50,149 Daltons) ....................................................................................................................... 85075–52–1
* * * * * * *
[FR Doc. 2015–06227 Filed 3–17–15; 8:45 am] FRA is issuing this Railworthiness to a refinery in Anacortes, WA. BNSF
BILLING CODE 6560–50–P Directive (Directive) to all owners of discovered 14 tank cars leaking crude
tank cars used to transport hazardous oil en route and in accordance with the
materials within the United States to applicable regulations, notified FRA of
DEPARTMENT OF TRANSPORTATION ensure they identify and appropriately the releases. Upon discovery of the
remove and replace these valves with defective condition of these cars, BNSF
Federal Railroad Administration approved valves consistent with Federal removed the cars from the train (at
regulations. Hauser, ID; Vancouver and Auburn,
49 CFR Chapter II DATES: This Directive is effective March WA, respectively). When the train
[Railworthiness Directive, Notice No. 1] 18, 2015. This Directive is applicable arrived at its final destination in
March 13, 2015. Anacortes, the consignee, Tesoro
Railworthiness Directive for Railroad FOR FURTHER INFORMATION CONTACT: Karl Refining, discovered two additional cars
Tank Cars Equipped With Certain Alexy, Staff Director, Hazardous leaking product. In all, BNSF and
McKenzie Valve & Machining LLC Materials Division, Office of Technical Tesoro identified 16 leaking tank cars
Valves Oversight, FRA, 1200 New Jersey from the original train consist.
AGENCY: Federal Railroad Avenue SE., Washington, DC 20590, On January 15, 2015, FRA inspected
Administration (FRA), Department of telephone (202) 493–6245; Karl.Alexy@ seven of the identified leaking tank cars
Transportation (DOT). dot.gov. that BNSF removed from the train in
ACTION: Notice of railworthiness SUPPLEMENTARY INFORMATION: Recent Vancouver. The FRA inspector observed
directive. FRA investigations identified several crude oil on the sides of each of these
DOT Specification 111 railroad tank cars, and upon inspection of each tank
SUMMARY: Recent FRA investigations cars transporting hazardous materials
identified several railroad tank cars car’s top fittings, found product leaking
and leaking small quantities of from the liquid line ball valves and
transporting hazardous materials and product.1 One instance occurred during
leaking small quantities of product from around each valve’s closure plug. FRA
the week of January 11, 2015, and also found the standalone closure plugs
the cars’ liquid lines. FRA’s involved a train of 100 tank cars loaded
investigation revealed that the liquid in each of these valves loose. Further
with crude oil being transported by inspection revealed that the valve balls
lines of the leaking tank cars were BNSF Railway (BNSF) from Tioga, ND,
equipped with a certain type of 3″ ball had visual signs of mechanical damage.
valve marketed and sold by McKenzie The mechanical damage FRA observed
1 DOT Specification 111 tank cars are general
Valve and Machining (McKenzie) indicated that the bottom face of the
purpose, nonpressure railroad tank cars commonly
(formerly McKenzie Valve & Machining used to transport a variety of regulated hazardous closure plug came in contact with the
Company), an affiliate company of materials, as well as nonregulated commodities. In valve ball, consequentially preventing
2011, through issuance of Casualty Prevention complete engagement of the closure
wreier-aviles on DSK5TPTVN1PROD with RULES
Union Tank Car Company (UTLX). FRA Circular 1232, the Association of American
further found certain closure plugs Railroads (AAR) adopted an industry standard plug.
installed on the 3″ valves cause intended to improve the crashworthiness of DOT A second instance involved a single
Specification 111 tank cars used in crude oil and
mechanical damage to the valves, which ethanol service. These cars, known as CPC 1232
tank car loaded with mineral spirits (a
leads to the destruction of the valves’ cars, include a thicker shell, head protection, top Class 3 flammable liquid) found leaking
seal integrity and that the 3″ valves, as fittings protection, and relief valves with a greater on January 15, 2015, in a BNSF yard in
well as similarly-designed 1″ and 2″ flow capacity as compared to baseline DOT Denver, CO. FRA’s preliminary
Specification 111 cars. The leaking tank cars
valves provided by this manufacturer identified in this Directive include both a baseline investigation shows that the leak
are not approved for use on tank cars. DOT 111 Specification car and CPC–1232 cars. occurred through the liquid line valve
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Document Created: 2018-02-21 09:39:45
Document Modified: 2018-02-21 09:39:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective March 18, 2015. Objections and requests for hearings must be received on or before May 18, 2015, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). | |
| Contact | Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone | |
| FR Citation | 80 FR 14024 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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