81 FR 43097 - 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer With ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1); Tolerance Exemption
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 127 (July 1, 2016)
Federal Register Volume 81, Issue 127 (July 1, 2016)
| Page Range | 43097-43101 | |
| FR Document | 2016-15614 |
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)] [Rules and Regulations] [Pages 43097-43101] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15614] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0118; FRL-9947-34] 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer With ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1); Tolerance Exemption AGENCY: Environmental Protection Agency (EPA). [[Page 43098]] ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, 2- oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1); when used as an inert ingredient in a pesticide chemical formulation. Celanese Ltd. 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, 2-methyl-, 2- oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) on food or feed commodities. DATES: This regulation is effective July 1, 2016. Objections and requests for hearings must be received on or before August 30, 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-2016-0118, 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 Publishing 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-2016-0118 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 August 30, 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-2016-0118, 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 April 25, 2016 (81 FR 24044) (FRL-9944- 86), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-10899) filed by Celanese Ltd., 222 W Las Colinas Blvd., Suite 900N, Irving, TX 75039. 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, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1); CAS Reg. No. 518057-54-0. 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 [[Page 43099]] 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, 2-methyl-, 2- oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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 at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen, silicon, and sulfur. 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 listed 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 number average MW of 20,000 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, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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 2-propenoic acid, 2-methyl-, 2- oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1). IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that 2-propenoic acid, 2-methyl-, 2- oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) is 20,000 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, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) to share a common mechanism of toxicity with any other substances, and 2-propenoic acid, 2-methyl-, 2- oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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, 2- methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1), 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 [[Page 43100]] U.S. population, including infants and children, from aggregate exposure to residues of 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1). VIII. Other Considerations A. 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. B. 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 2-propenoic acid, 2-methyl- , 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1). IX. Conclusion Accordingly, EPA finds that exempting residues of 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1) 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 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: June 16, 2016. Susan Lewis, 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 ``2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1), minimum number average molecular weight (in amu), 20,000'' to the table to read as follows: Sec. 180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, 518057-54-0 polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium ethenesulfonate (1:1), minimum number average molecular weight (in amu), 20,000........................................... ------------------------------------------------------------------------ [[Page 43101]] * * * * * * * ------------------------------------------------------------------------ [FR Doc. 2016-15614 Filed 6-30-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43097
limited maintenance plan policy for CO, in the Unfunded Mandates Reform Act not be challenged later in proceedings to
we have concluded that the area will of 1995 (Pub. L. 104–4); enforce its requirements. (See section
continue to maintain the CO NAAQS • Does not have Federalism 307(b)(2)).
regardless of the quantity of emissions implications as specified in Executive
Order 13132 (64 FR 43255, August 10, List of Subjects in 40 CFR Part 52
from the on-road transportation sector,
and thus there is no need to cap 1999); Environmental protection, Air
emissions from the on-road • Is not an economically significant pollution control, Carbon monoxide,
transportation sector for the regulatory action based on health or Incorporation by reference,
maintenance period. safety risks subject to Executive Order Intergovernmental relations, Reporting
Therefore, EPA’s adequacy review of 13045 (62 FR 19885, April 23, 1997); and recordkeeping requirements.
the limited maintenance plan for the • Is not a significant regulatory action
Dated: June 21, 2016.
NYNNJLI CO area primarily focuses on subject to Executive Order 13211 (66 FR
28355, May 22, 2001); Judith A. Enck,
whether the area qualifies for the
• Is not subject to requirements of Regional Administrator, Region 2.
applicable limited maintenance plan
section 12(d) of the National For the reasons set forth in the
policy for CO. From our review, EPA
Technology Transfer and Advancement preamble, the Environmental Protection
has concluded that the NYNNJLI CO
Act of 1995 (15 U.S.C. 272 note) because Agency amends part 52 of chapter I, title
area meets the criteria for a limited
application of those requirements would 40 of the Code of Federal Regulations as
maintenance plan, and therefore we find
be inconsistent with the Clean Air Act; follows:
the maintenance plan for the NYNNJLI
and
CO area adequate for conformity • Does not provide EPA with the PART 52—APPROVAL AND
purposes under our limited discretionary authority to address, as PROMULGATION OF
maintenance plan policy. appropriate, disproportionate human IMPLEMENTATION PLANS
IV. What is EPA’s final action? health or environmental effects, using
practicable and legally permissible ■ 1. The authority citation for part 52
EPA is approving New Jersey’s SIP methods, under Executive Order 12898 continues to read as follows:
revision updating their existing ten-year (59 FR 7629, February 16, 1994).
CO maintenance plan for the New Jersey Authority: 42 U.S.C. 7401 et seq.
In addition, this rule does not have
portion of the New York-Northern New tribal implications as specified by Subpart FF—New Jersey
Jersey-Long Island (NYNNJLI) CO area. Executive Order 13175 (65 FR 67249,
EPA is also approving the 2007 CO base November 9, 2000), because the SIP is ■ 2. Section 52.1581 is amended by
year emissions inventory and the not approved to apply in Indian country adding paragraph (f) to read as follows:
shutdown of 5 CO maintenance located in the state, and EPA notes that
monitors in New Jersey. § 52.1581 Control strategy: Carbon
it will not impose substantial direct monoxide.
V. Statutory and Executive Order costs on tribal governments or preempt
tribal law. * * * * *
Reviews
The Congressional Review Act, 5 (f) Approval—The June 11, 2015 and
Under the Clean Air Act, the U.S.C. 801 et seq., as added by the Small February 8, 2016 revisions to the carbon
Administrator is required to approve a Business Regulatory Enforcement monoxide (CO) maintenance plan for
SIP submission that complies with the Fairness Act of 1996, generally provides the New Jersey portion of the New York-
provisions of the Act and applicable that before a rule may take effect, the Northern New Jersey-Long Island,
Federal regulations. 42 U.S.C. 7410(k); agency promulgating the rule must NYNNJLI, CO area. These revisions
40 CFR 52.02(a). Thus, in reviewing SIP submit a rule report, which includes a contain a second ten-year limited
submissions, EPA’s role is to approve copy of the rule, to each House of the maintenance plan that demonstrates
state choices, provided that they meet Congress and to the Comptroller General continued attainment of the National
the criteria of the Clean Air Act. of the United States. EPA will submit a Ambient Air Quality Standard for CO
Accordingly, this action merely report containing this action and other through the year 2024, a 2007 CO base
approves state law as meeting Federal required information to the U.S. Senate, year emissions inventory, and the
requirements and does not impose the U.S. House of Representatives, and shutdown of five CO maintenance
additional requirements beyond those the Comptroller General of the United monitors.
imposed by state law. For that reason, States prior to publication of the rule in [FR Doc. 2016–15609 Filed 6–30–16; 8:45 am]
this action: the Federal Register. A major rule
• Is not a ‘‘significant regulatory cannot take effect until 60 days after it
BILLING CODE 6560–50–P
action’’ subject to review by the Office is published in the Federal Register.
of Management and Budget under This action is not a ‘‘major rule’’ as ENVIRONMENTAL PROTECTION
Executive Order 12866 (58 FR 51735, defined by 5 U.S.C. 804(2). AGENCY
October 4, 1993); Under section 307(b)(1) of the Clean
• Does not impose an information Air Act, petitions for judicial review of 40 CFR Part 180
collection burden under the provisions this action must be filed in the United
of the Paperwork Reduction Act (44 States Court of Appeals for the [EPA–HQ–OPP–2016–0118; FRL–9947–34]
U.S.C. 3501 et seq.); appropriate circuit by August 30, 2016. 2-propenoic acid, 2-methyl-, 2-
asabaliauskas on DSK3SPTVN1PROD with RULES
• Is certified as not having a Filing a petition for reconsideration by oxiranylmethyl ester, polymer With
significant economic impact on a the Administrator of this final rule does ethene, ethenyl acetate,
substantial number of small entities not affect the finality of this action for ethenyltrimethoxysilane and sodium
under the Regulatory Flexibility Act (5 the purposes of judicial review nor does ethenesulfonate (1:1); Tolerance
U.S.C. 601 et seq.); it extend the time within which a Exemption
• Does not contain any unfunded petition for judicial review may be filed,
mandate or significantly or uniquely and shall not postpone the effectiveness AGENCY: Environmental Protection
affect small governments, as described of such rule or action. This action may Agency (EPA).
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![43100 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations
U.S. population, including infants and response to a petition submitted to the with Indian Tribal Governments’’ (65 FR
children, from aggregate exposure to Agency. The Office of Management and 67249, November 9, 2000) do not apply
residues of 2-propenoic acid, Budget (OMB) has exempted these types to this action. In addition, this action
2-methyl-, 2-oxiranylmethyl ester, of actions from review under Executive does not impose any enforceable duty or
polymer with ethene, ethenyl acetate, Order 12866, entitled ‘‘Regulatory contain any unfunded mandate as
ethenyltrimethoxysilane and sodium Planning and Review’’ (58 FR 51735, described under Title II of the Unfunded
ethenesulfonate (1:1). October 4, 1993). Because this action Mandates Reform Act (UMRA) (2 U.S.C.
VIII. Other Considerations has been exempted from review under 1501 et seq.).
Executive Order 12866, this action is This action does not involve any
A. Analytical Enforcement Methodology not subject to Executive Order 13211, technical standards that would require
An analytical method is not required entitled ‘‘Actions Concerning Agency consideration of voluntary
for enforcement purposes since the Regulations That Significantly Affect consensus standards pursuant to section
Agency is establishing an exemption Energy Supply, Distribution, or Use’’ (66 12(d) of the National Technology
from the requirement of a tolerance FR 28355, May 22, 2001) or Executive Transfer and Advancement Act
without any numerical limitation. Order 13045, entitled ‘‘Protection of (NTTAA) (15 U.S.C. 272 note).
Children from Environmental Health
B. International Residue Limits Risks and Safety Risks’’ (62 FR 19885, XI. Congressional Review Act
In making its tolerance decisions, EPA April 23, 1997). This action does not Pursuant to the Congressional Review
seeks to harmonize U.S. tolerances with contain any information collections Act (5 U.S.C. 801 et seq.), EPA will
international standards whenever subject to OMB approval under the submit a report containing this rule and
possible, consistent with U.S. food Paperwork Reduction Act (PRA) (44 other required information to the U.S.
safety standards and agricultural U.S.C. 3501 et seq.), nor does it require Senate, the U.S. House of
practices. EPA considers the any special considerations under Representatives, and the Comptroller
international maximum residue limits Executive Order 12898, entitled General of the United States prior to
(MRLs) established by the Codex ‘‘Federal Actions to Address publication of the rule in the Federal
Alimentarius Commission (Codex), as Environmental Justice in Minority Register. This action is not a ‘‘major
required by FFDCA section 408(b)(4). Populations and Low-Income rule’’ as defined by 5 U.S.C. 804(2).
The Codex Alimentarius is a joint Populations’’ (59 FR 7629, February 16,
United Nations Food and Agriculture 1994). List of Subjects in 40 CFR Part 180
Organization/World Health Since tolerances and exemptions that Environmental protection,
Organization food standards program, are established on the basis of a petition Administrative practice and procedure,
and it is recognized as an international under FFDCA section 408(d), such as Agricultural commodities, Pesticides
food safety standards-setting the tolerance in this final rule, do not and pests, Reporting and recordkeeping
organization in trade agreements to require the issuance of a proposed rule, requirements.
which the United States is a party. EPA the requirements of the Regulatory
may establish a tolerance that is Dated: June 16, 2016.
Flexibility Act (RFA) (5 U.S.C. 601 et
different from a Codex MRL; however, Susan Lewis,
seq.), do not apply.
FFDCA section 408(b)(4) requires that This action directly regulates growers, Director, Registration Division, Office of
EPA explain the reasons for departing Pesticide Programs.
food processors, food handlers, and food
from the Codex level. Therefore, 40 CFR chapter I is
retailers, not States or tribes, nor does
The Codex has not established a MRL amended as follows:
for 2-propenoic acid, 2-methyl-, 2- this action alter the relationships or
oxiranylmethyl ester, polymer with distribution of power and
PART 180—[AMENDED]
ethene, ethenyl acetate, responsibilities established by Congress
ethenyltrimethoxysilane and sodium in the preemption provisions of FFDCA
■ 1. The authority citation for part 180
ethenesulfonate (1:1). section 408(n)(4). As such, the Agency
continues to read as follows:
has determined that this action will not
IX. Conclusion have a substantial direct effect on States Authority: 21 U.S.C. 321(q), 346a and 371.
Accordingly, EPA finds that or tribal governments, on the ■ 2. In § 180.960, add alphabetically the
exempting residues of 2-propenoic acid, relationship between the national polymer ‘‘2-propenoic acid, 2-methyl-,
2-methyl-, 2-oxiranylmethyl ester, government and the States or tribal 2-oxiranylmethyl ester, polymer with
polymer with ethene, ethenyl acetate, governments, or on the distribution of ethene, ethenyl acetate,
ethenyltrimethoxysilane and sodium power and responsibilities among the ethenyltrimethoxysilane and sodium
ethenesulfonate (1:1) from the various levels of government or between ethenesulfonate (1:1), minimum number
requirement of a tolerance will be safe. the Federal Government and Indian average molecular weight (in amu),
tribes. Thus, the Agency has determined 20,000’’ to the table to read as follows:
X. Statutory and Executive Order that Executive Order 13132, entitled
Reviews ‘‘Federalism’’ (64 FR 43255, August 10, § 180.960 Polymers; exemptions from the
This action establishes a tolerance 1999) and Executive Order 13175, requirement of a tolerance.
under FFDCA section 408(d) in entitled ‘‘Consultation and Coordination * * * * *
asabaliauskas on DSK3SPTVN1PROD with RULES
Polymer CAS No.
* * * * * * *
2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with ethene, ethenyl acetate, ethenyltrimethoxysilane and sodium
ethenesulfonate (1:1), minimum number average molecular weight (in amu), 20,000 ................................................................... 518057–54–0
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![Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations 43101
Polymer CAS No.
* * * * * * *
[FR Doc. 2016–15614 Filed 6–30–16; 8:45 am] online at http://apps.fcc.gov/ecfs/. This of 1990, as amended by the Federal
BILLING CODE 6560–50–P document does not contain information Civil Penalties Inflation Adjustment Act
collection requirements subject to the Improvements Act of 2015, FRA is
Paperwork Reduction Act of 1995, adjusting the minimum penalty,
ENVIRONMENTAL PROTECTION Public Law 104–13. The Commission ordinary maximum penalty, and the
AGENCY will send a copy of the Report and aggravated maximum penalty that it will
Order in a report to be sent to Congress apply when assessing a civil monetary
40 CFR Part 1065 and the Government Accountability penalty for a knowing violation of the
Office pursuant to the Congressional Federal hazardous material
Engine-Testing Procedures; CFR
Review Act, see 5 U.S.C. 801(a)(1)(A). transportation laws or a regulation,
Correction
special permit, order, or approval issued
List of Subjects in 47 CFR Part 73
In Title 40 of the Code of Federal under those laws. The aggravated
Regulations, Parts 1000 to End, revised Radio, Radio broadcasting. maximum penalty is available only for
as of July 1, 2015, on page 857, in Federal Communications Commission. a violation that results in death, serious
§ 1065.670, the second paragraph of Nazifa Sawez, illness, or severe injury to any person or
introductory text is removed. Assistant Chief, Audio Division, Media substantial destruction of property. In
[FR Doc. 2016–15805 Filed 6–30–16; 8:45 am] Bureau. particular, FRA is increasing the
minimum penalty for a training
BILLING CODE 1505–01–D For the reasons discussed in the
violation from $450 to $463; the
preamble, the Federal Communications
ordinary maximum civil monetary
Commission amends 47 CFR part 73 as
FEDERAL COMMUNICATIONS penalty per violation from $75,000 to
follows:
COMMISSION $77,114; and the aggravated maximum
PART 73—RADIO BROADCAST civil penalty from $175,000 to $179,933.
47 CFR Part 73 SERVICES DATES: This interim final rule is
[DA 16–656; MB Docket No. 16–74; RM– effective August 1, 2016.
■ 1. The authority citation for part 73
11763] FOR FURTHER INFORMATION CONTACT:
continues to read as follows:
Roberta Stewart, Trial Attorney, Office
Radio Broadcasting Services; Authority: 47 U.S.C. 154, 303, 334, 336, of Chief Counsel, FRA, 1200 New Jersey
Raymond, Washington and 339. Avenue SE., Mail Stop 10, Washington,
AGENCY: Federal Communications § 73.202 [Amended] DC 20590 (telephone 202–493–6027),
Commission. roberta.stewart@dot.gov.
■ 2. Section 73.202(b), the Table of FM
ACTION: Final rule. Allotments under Washington, is SUPPLEMENTARY INFORMATION: On
amended by adding Raymond, Channel November 2, 2015, President Barack
SUMMARY: At the request of Sunnylands 300A. Obama signed the Federal Civil
Broadcasting, LLC, the Audio Division Penalties Inflation Adjustment Act
[FR Doc. 2016–15545 Filed 6–30–16; 8:45 am]
amends the FM Table of Allotments, by Improvements Act of 2015 (the 2015
BILLING CODE 6712–01–P
allotting Channel 300A at Raymond, Inflation Act). Public Law 114–74, Sec.
Washington, as the community’s second 701. This amended the Federal Civil
local service. A staff engineering Penalties Inflation Adjustment Act of
analysis indicates Channel 300A can be DEPARTMENT OF TRANSPORTATION
1990 (Inflation Act) that required each
allotted to Raymond consistent with the agency to (1) adjust by regulation each
Federal Railroad Administration
minimum distance separation maximum civil monetary penalty
requirements of the Commission’s rules (CMP), or range of minimum and
49 CFR Part 209
with a site restriction located 4.7 maximum CMPs, within that agency’s
kilometers (3.0 miles) southwest of the [Docket No. FRA–2004–17530; Notice No. jurisdiction by October 23, 1996, and (2)
community. The reference coordinates 4]
adjust those penalty amounts once every
are 46–38–49 NL and 123–45–11 WL. RIN 2130–AC61 four years thereafter, to reflect inflation.
DATES: Effective August 1, 2016. See Public Law 101–410, 104 Stat. 890,
FOR FURTHER INFORMATION CONTACT: Inflation Adjustment of the Ordinary 28 U.S.C. 2461, note, as amended by
Adrienne Y. Denysyk, Media Bureau, Maximum and Aggravated Maximum Section 31001(s)(1) of the Debt
(202) 418–2700. Civil Monetary Penalties for a Violation Collection Improvement Act of 1996,
SUPPLEMENTARY INFORMATION: This is a of the Hazardous Material Public Law 104–134, 110 Stat. 1321–
synopsis of the Commission’s Report Transportation Laws or Regulations, 373, April 26, 1996. Under the 2015
and Order, MB Docket No. 16–74, Orders, Special Permits, and Inflation Act, agencies must make a
asabaliauskas on DSK3SPTVN1PROD with RULES
adopted June 17, 2016, and released Approvals Issued Under Those Laws catch-up adjustment for CMPs with the
June 17, 2016. The full text of this AGENCY: Federal Railroad new penalty levels published by July 1,
Commission decision is available for Administration (FRA), Department of 2016, to take effect no later than August
inspection and copying during normal Transportation (DOT). 1, 2016. In addition, agencies must
business hours in the FCC’s Reference ACTION: Interim final rule. make annual inflation adjustments,
Information Center at Portals II, CY– starting January 15, 2017, based on
A257, 445 12th Street SW., Washington, SUMMARY: To comply with the Federal Office of Management and Budget
DC 20554. The full text is also available Civil Penalties Inflation Adjustment Act (OMB) guidance.
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Document Created: 2016-07-14 11:37:43
Document Modified: 2016-07-14 11:37:43
| 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 July 1, 2016. Objections and requests for hearings must be received on or before August 30, 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 | 81 FR 43097 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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