80 FR 70697 - Tamarind Seed Gum, 2-Hydroxypropyl Ether Polymer; Tolerance Exemption
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 220 (November 16, 2015)
Federal Register Volume 80, Issue 220 (November 16, 2015)
| Page Range | 70697-70700 | |
| FR Document | 2015-29169 |
[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)] [Rules and Regulations] [Pages 70697-70700] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29169] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2015-0421; FRL-9936-25] Tamarind Seed Gum, 2-Hydroxypropyl Ether Polymer; 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 tamarind seed gum, 2-hydroxypropyl ether polymer (CAS Reg. No. 68551-04-2) when used as an inert ingredient in a pesticide chemical formulation. Lamberti USA, Incorporated 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 tamarind seed gum, 2-hydroxypropyl ether polymer on food or feed commodities. [[Page 70698]] DATES: This regulation is effective November 16, 2015. Objections and requests for hearings must be received on or before January 15, 2016, 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-2015-0421, 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: RDFRNotices@epa.gov. 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 Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl. 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-2015-0421 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 January 15, 2016. 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-2015-0421, 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 August 26, 2015 (80 FR 51759) (FRL-9931- 74), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-10807) filed by Lamberti USA, Incorporated, 161 Washington Street Eight Tower Bridge, Suite 1000 Conshohocken, PA 19428. The petition requested that 40 CFR 180.960 be amended by establishing an exemption from the requirement of a tolerance for residues of tamarind seed gum, 2- hydroxypropyl ether polymers (CAS Reg. No. 68551-04-2). 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 [[Page 70699]] 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). Tamarind seed gum, 2-hydroxypropyl ether polymers 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. 7. The polymer does not contain certain perfluoroalkyl moieties consisting of a CF3- or longer chain length as specified in 40 CFR 723.250(d)(6). Additionally, the polymer also meets as required the following exemption criteria specified in 40 CFR 723.250(e). 8. The polymer's minimum number average MW 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, tamarind seed gum, 2-hydroxypropyl ether polymer 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 from dietary, inhalation, or dermal exposure to tamarind seed gum, 2-hydroxypropyl ether polymer. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that tamarind seed gum, 2-hydroxypropyl ether polymer 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 tamarind seed gum, 2- hydroxypropyl ether polymer is 10,000 daltons. Generally, a polymer of this size would be poorly absorbed through the intact gastrointestinal tract or through intact human skin. Since tamarind seed gum, 2- hydroxypropyl ether polymer 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 tamarind seed gum, 2-hydroxypropyl ether polymer to share a common mechanism of toxicity with any other substances, and tamarind seed gum, 2-hydroxypropyl ether polymer does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that tamarind seed gum, 2-hydroxypropyl ether polymer 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 tamarind seed gum, 2- hydroxypropyl ether polymer, 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 tamarind seed gum, 2-hydroxypropyl ether polymer. VIII. Other Considerations A. Existing Exemptions From a Tolerance There are no existing tolerance exemptions for tamarind seed gum, 2-hydroxypropyl ether polymer. 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. C. International Residue Limits In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level. The Codex has not established a MRL for tamarind seed gum, 2- hydroxypropyl ether polymer. IX. Conclusion Accordingly, EPA finds that exempting residues of tamarind seed gum, 2-hydroxypropyl ether polymer from the requirement of a tolerance will be safe. [[Page 70700]] 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 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: November 5, 2015. G. Jeffrey Herndon, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180--[AMENDED] 0 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, add alphabetically the polymer in the table to read as follows: Sec. [emsp14]180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * Tamarind seed gum, 2-hydroxypropyl ether polymer, 68551-04-2 minimum number average molecular weight (in amu), 10,000................................................ * * * * * ------------------------------------------------------------------------ [FR Doc. 2015-29169 Filed 11-13-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations 70697
country, the rule does not have tribal required information to the U.S. Senate, existing sewage sludge incineration
implications and will not impose the U.S. House of Representatives, and units,’’ and R 336.1902 ‘‘Adoption of
substantial direct costs on tribal the Comptroller General of the United standards by reference.’’ The State’s
governments or preempt tribal law as States prior to publication of the rule in final rule became effective on May 20,
specified by Executive Order 13175 (65 the Federal Register. This rule is not a 2015.
FR 67249, November 9, 2000). This ‘‘major rule’’ as defined by 5 U.S.C.
action also does not have Federalism 804(2). § 62.5621 Identification of sources.
implications because it does not have The Michigan State Plan for existing
substantial direct effects on the States, C. Petitions for Judicial Review Sewage Sludge Incinerators (SSI)
on the relationship between the national Under Section 307(b)(1) of the Act, applies to all SSIs for which
government and the States, or on the petitions for judicial review of this construction commenced on or before
distribution of power and action must be filed in the United States October 14, 2010 or for which a
responsibilities among the various Court of Appeals for the appropriate modification was commenced on or
levels of government, as specified in circuit by January 15, 2016. Filing a before September 21, 2011 primarily to
Executive Order 13132 (64 FR 43255, petition for reconsideration by the comply with this rule.
August 10, 1999). This action merely Administrator of this final rule does not
§ 62.5622 Effective date.
approves a state rule implementing a affect the finality of this rule for the
Federal requirement, and does not alter purposes of judicial review nor does it The Federal effective date of the
the relationship or the distribution of extend the time within which a petition Michigan State Plan for existing Sewage
power and responsibilities established for judicial review may be filed, and Sludge Incinerators is January 15, 2016.
in the Act. This rule also is not subject shall not postpone the effectiveness of Control of Air Emissions From Small
to Executive Order 13045 (62 FR 19885, such rule or action. This action Municipal Waste Combustors
April 23, 1997), because it approves a approving Michigan’s section 111(d)/
state rule implementing a Federal 129 plan for SSI sources or negative § 62.5630 Identification of plan—negative
standard. declaration for SMWC units may not be declaration.
In reviewing section 111(d)/129 plan challenged later in proceedings to On July 27,2015, the Michigan
submissions, EPA’s role is to approve enforce its requirements. (See section Department of Environmental Quality
State choices, provided that they meet 307(b)(2)). submitted a negative declaration letter
the criteria of the Act. With regard to to EPA certifying that there are no
negative declarations for designated List of Subjects in 40 CFR Part 62 existing Small Municipal Waste
facilities received by EPA from states, Environmental protection, Combustors (SMWC) units in the State
EPA’s role is to notify the public of the Administrative practice and procedure, of Michigan subject to the emissions
receipt of such negative declarations Air pollution control, Intergovernmental guidelines at 40 CFR part 60, subpart
and revise 40 CFR part 62 accordingly. relations, Reporting and recordkeeping BBBB.
In this context, in the absence of a prior requirements, Sewage sludge [FR Doc. 2015–28911 Filed 11–13–15; 8:45 am]
existing requirement for the State to use incinerators, Small municipal waste BILLING CODE 6560–50–P
voluntary consensus standards (VCS), combustors.
EPA has no authority to disapprove a
Dated: October 29, 2015.
section 111(d)/129 plan submission or ENVIRONMENTAL PROTECTION
Susan Hedman,
negative declaration for failure to use AGENCY
VCS. It would thus be inconsistent with Regional Administrator, Region 5.
applicable law for EPA, when it reviews 40 CFR part 62 is amended as follows: 40 CFR Part 180
a section 111(d)/129 plan or negative
declaration submission, to use VCS in PART 62—APPROVAL AND
[EPA–HQ–OPP–2015–0421; FRL–9936–25]
place of a section 111(d)/129 plan or PROMULGATION OF STATE PLANS
negative declaration submission that FOR DESIGNATED FACILITIES AND Tamarind Seed Gum, 2-Hydroxypropyl
otherwise satisfies the provisions of the POLLUTANTS Ether Polymer; Tolerance Exemption
Act. Thus, the requirements of section
12(d) of the National Technology ■ 1. The authority citation for part 62 AGENCY: Environmental Protection
Transfer and Advancement Act of 1995 continues to read as follows: Agency (EPA).
(15 U.S.C. 272 note) do not apply. This Authority: 42 U.S.C. 7401 et seq. ACTION: Final rule.
rule does not impose an information
collection burden under the provisions Subpart X—Michigan SUMMARY: This regulation establishes an
of the Paperwork Reduction Act of 1995 exemption from the requirement of a
■ 2. Add two undesignated center tolerance for residues of tamarind seed
(44 U.S.C. 3501 et seq.).
headings and §§ 62.5620, 62.5621, gum, 2-hydroxypropyl ether polymer
B. Submission to Congress and the 62.5622, and 62.5630 to subpart X to (CAS Reg. No. 68551–04–2) when used
Comptroller General read as follows: as an inert ingredient in a pesticide
The Congressional Review Act, 5 Control of Air Emissions From Sewage chemical formulation. Lamberti USA,
U.S.C. 801 et seq., as added by the Small Sludge Incinerators Incorporated submitted a petition to
Business Regulatory Enforcement EPA under the Federal Food, Drug, and
asabaliauskas on DSK5VPTVN1PROD with RULES
Fairness Act of 1996, generally provides § 62.5620 Identification of plan. Cosmetic Act (FFDCA), requesting an
that before a rule may take effect, the On September 21, 2015, Michigan exemption from the requirement of a
agency promulgating the rule must submitted a State Plan for implementing tolerance. This regulation eliminates the
submit a rule report, which includes a the emission guidelines for Sewage need to establish a maximum
copy of the rule, to each House of the Sludge Incinerators (SSI). The permissible level for residues of
Congress and to the Comptroller General enforceable mechanism for this State tamarind seed gum, 2-hydroxypropyl
of the United States. EPA will submit a Plan is a State rule codified in R ether polymer on food or feed
report containing this rule and other 336.1972, ‘‘Emission standards for commodities.
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![70700 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations
X. Statutory and Executive Order described under Title II of the Unfunded DEPARTMENT OF THE INTERIOR
Reviews Mandates Reform Act (UMRA) (2 U.S.C.
This action establishes a tolerance 1501 et seq.). Fish and Wildlife Service
under FFDCA section 408(d) in This action does not involve any
response to a petition submitted to the 50 CFR Part 17
technical standards that would require
Agency. The Office of Management and Agency consideration of voluntary [Docket No. FWS–R5–ES–2014–0021;
Budget (OMB) has exempted these types consensus standards pursuant to section FXES11130900000; 4500030113]
of actions from review under Executive 12(d) of the National Technology RIN 1018–AY83
Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act
Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). Endangered and Threatened Wildlife
October 4, 1993). Because this action and Plants; Removal of the Delmarva
has been exempted from review under XI. Congressional Review Act Peninsula Fox Squirrel From the List of
Executive Order 12866, this action is Endangered and Threatened Wildlife
not subject to Executive Order 13211, Pursuant to the Congressional Review
entitled ‘‘Actions Concerning Act (5 U.S.C. 801 et seq.), EPA will AGENCY: Fish and Wildlife Service,
Regulations That Significantly Affect submit a report containing this rule and Interior.
Energy Supply, Distribution, or Use’’ (66 other required information to the U.S. ACTION: Final rule.
FR 28355, May 22, 2001) or Executive Senate, the U.S. House of
Representatives, and the Comptroller SUMMARY: The best available scientific
Order 13045, entitled ‘‘Protection of and commercial data indicate that the
Children from Environmental Health General of the United States prior to
Delmarva Peninsula fox squirrel
Risks and Safety Risks’’ (62 FR 19885, publication of the rule in the Federal
(Sciurus niger cinereus) has recovered.
April 23, 1997). This action does not Register. This action is not a ‘‘major
Therefore, under the authority of the
contain any information collections rule’’ as defined by 5 U.S.C. 804(2). Endangered Species Act of 1973, as
subject to OMB approval under the amended (Act), we, the U.S. Fish and
List of Subjects in 40 CFR Part 180
Paperwork Reduction Act (PRA) (44 Wildlife Service (Service), remove the
U.S.C. 3501 et seq.), nor does it require Environmental protection, Delmarva Peninsula fox squirrel
any special considerations under Administrative practice and procedure, (commonly called the Delmarva fox
Executive Order 12898, entitled Agricultural commodities, Pesticides squirrel) from the Federal List of
‘‘Federal Actions to Address and pests, Reporting and recordkeeping Endangered and Threatened Wildlife
Environmental Justice in Minority requirements. (List). This determination is based on a
Populations and Low-Income thorough review of all available
Populations’’ (59 FR 7629, February 16, Dated: November 5, 2015.
information, which indicates that the
1994). G. Jeffrey Herndon, subspecies is now sufficiently abundant
Since tolerances and exemptions that Director, Registration Division, Office of and well distributed to withstand
are established on the basis of a petition Pesticide Programs. foreseeable threats and no longer meets
under FFDCA section 408(d), such as
Therefore, 40 CFR chapter I is the definition of an endangered or
the tolerance in this final rule, do not
threatened species under the Act.
require the issuance of a proposed rule, amended as follows: This rule removes the Delmarva fox
the requirements of the Regulatory squirrel from the List throughout its
Flexibility Act (RFA) (5 U.S.C. 601 et PART 180—[AMENDED]
range, including the experimental
seq.), do not apply. population designated for Assawoman
This action directly regulates growers, ■ 1. The authority citation for part 180 Wildlife Management Area in Delaware.
food processors, food handlers, and food continues to read as follows: It also announces the availability of a
retailers, not States or tribes, nor does Authority: 21 U.S.C. 321(q), 346a and 371. post-delisting monitoring plan for the
this action alter the relationships or subspecies.
distribution of power and ■ 2. In § 180.960, add alphabetically the
responsibilities established by Congress DATES: This rule is effective December
polymer in the table to read as follows:
in the preemption provisions of FFDCA 16, 2015.
section 408(n)(4). As such, the Agency § 180.960 Polymers; exemptions from the ADDRESSES: This final rule and the post-
has determined that this action will not requirement of a tolerance. delisting monitoring plan are available
have a substantial direct effect on States * * * * * on the Internet at http://
or tribal governments, on the www.regulations.gov under Docket No.
relationship between the national Polymer CAS No. FWS–R5–ES–2014–0021. Comments
government and the States or tribal and materials received, as well as
governments, or on the distribution of supporting documentation used in rule
power and responsibilities among the * * * * * preparation, will be available for public
various levels of government or between Tamarind seed gum, 2- inspection, by appointment, during
the Federal Government and Indian hydroxypropyl ether poly- normal business hours at: U.S. Fish and
tribes. Thus, the Agency has determined mer, minimum number av- Wildlife Service, Chesapeake Bay Field
erage molecular weight (in Office, 177 Admiral Cochrane Drive,
that Executive Order 13132, entitled amu), 10,000 ..................... 68551–04–2
asabaliauskas on DSK5VPTVN1PROD with RULES
‘‘Federalism’’ (64 FR 43255, August 10, Annapolis, MD 21401; and on the
1999) and Executive Order 13175, Chesapeake Bay Field Office Web site
* * * * *
entitled ‘‘Consultation and Coordination at: http://www.fws.gov/chesapeakebay/.
with Indian Tribal Governments’’ (65 FR [FR Doc. 2015–29169 Filed 11–13–15; 8:45 am] FOR FURTHER INFORMATION CONTACT:
67249, November 9, 2000) do not apply BILLING CODE 6560–50–P
Field Office Supervisor, Genevieve
to this action. In addition, this action LaRouche, by telephone at 410–573–
does not impose any enforceable duty or 4573; or Cherry Keller, Wildlife
contain any unfunded mandate as Biologist, at 410–573–4532, or by email
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Document Created: 2015-12-14 14:12:27
Document Modified: 2015-12-14 14:12:27
| 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 November 16, 2015. Objections and requests for hearings must be received on or before January 15, 2016, 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 70697 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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