81 FR 60621 - Butanedioic Acid, 2-Methylene-, Polymer With 1,3-Butadiene, Ethylbenzene and 2-Hydroxyethyl-2-Propenoate; Tolerance Exemption
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 171 (September 2, 2016)
Federal Register Volume 81, Issue 171 (September 2, 2016)
| Page Range | 60621-60625 | |
| FR Document | 2016-21219 |
[Federal Register Volume 81, Number 171 (Friday, September 2, 2016)] [Rules and Regulations] [Pages 60621-60625] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21219] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0201; FRL-9950-63] Butanedioic Acid, 2-Methylene-, Polymer With 1,3-Butadiene, Ethylbenzene and 2-Hydroxyethyl-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 butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 2-propenoate; when used as an inert ingredient (emulsifier or binder) in a pesticide chemical formulation. Keller and Heckman on behalf of Trinseo LLC submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), [[Page 60622]] requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of butanedioic acid, 2-methylene-, polymer with 1,3- butadiene, ethenylbenzene and 2-hydroxyethyl 2-propenoate on food or feed commodities. DATES: This regulation is effective September 2, 2016. Objections and requests for hearings must be received on or before November 1, 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-2016-0201, 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: Michael Goodis, 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 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-2016-0201 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 November 1, 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-2016-0201, 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 May 19, 2016 (81) FR (31585) (FRL-9946- 02), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-10907) filed by Keller and Heckman (1001 G Street NW., Suite 500, Washington, DC 20001) on behalf of Trinseo LLC (1000 Chesterbrook Blvd., Berwyn, PA 19312-1084). The petition requested that 40 CFR 180.960 be amended by establishing an exemption from the requirement of a tolerance for residues of butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 2-propenoate (CAS Reg. No. 36089-06- 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 [[Page 60623]] 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). Butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 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. 7. The polymer does not contain certain perfluoroalkyl moieties consisting of a CF 3 - 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 number average MW of 10,000 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, butanedioic acid, 2-methy- lene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 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 from dietary, inhalation, or dermal exposure to butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 2-propenoate. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that the butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 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 minimum number average MW of butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 2-propenoate 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 butanedioic acid, 2- methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 2-propenoate conforms 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 butanedioic acid, 2-methylene-, polymer with 1,3- butadiene, ethenylbenzene and 2-hydroxyethyl 2-propenoate to share a common mechanism of toxicity with any other substances, and butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 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 butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 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 butanedioic acid, 2- methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 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 butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 2- propenoate. VIII. Other Considerations A. Existing Exemptions From a Tolerance There are no existing exemptions from the requirements of a tolerance. 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. [[Page 60624]] 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 butanedioic acid, 2- methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 2-propenoate. IX. Conclusion Accordingly, EPA finds that exempting residues of butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2- hydroxyethyl 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 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: August 17, 2016. Michael Goodis, Acting 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, alphabetically add the polymer(s) to the table to read as follows: Sec. 180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * * * Butanedioic acid, 2-methylene-, polymer with 1,3- 36089-06-2 butadiene, ethenylbenzene and 2-hydroxyethyl 2- propenoate, minimum number average molecular weight (in amu), 10,000...................................... * * * * * * * ------------------------------------------------------------------------ [[Page 60625]] [FR Doc. 2016-21219 Filed 9-1-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations 60621
ACTION:Notice of deviation from In accordance with 33 CFR 117.35(e), least one hour notice is given, as
drawbridge regulation. the drawbridge must return to its regular required by 33 CFR 117.149. Navigation
operating schedule immediately at the on the waterway is recreational.
SUMMARY: The Coast Guard has issued a end of the effective period of this The drawspan will be secured in the
temporary deviation from the operating temporary deviation. This deviation closed-to-navigation position from 5
schedule that governs the US40–322 from the operating regulations is a.m. to 12 p.m. on September 11, 2016,
(Albany Avenue) Bridge across the authorized under 33 CFR 117.35. to allow participants to cross the bridge
NJICW (Inside Thorofare), mile 70.0, at during the San Francisco Giant Race at
Dated: August 23, 2016.
Atlantic City, NJ. The deviation is AT&T Park event. This temporary
necessary to facilitate the Atlantic City Hal R. Pitts,
deviation has been coordinated with the
IRONMAN Triathlon. This deviation Bridge Program Manager, Fifth Coast Guard
District.
waterway users. No objections to the
allows the bridge to remain in the proposed temporary deviation were
closed-to-navigation position. [FR Doc. 2016–21174 Filed 9–1–16; 8:45 am]
raised.
BILLING CODE 9110–04–P
DATES: The deviation is effective from Vessels able to pass through the
6:30 a.m. to 2 p.m. on September 18, bridge in the closed position may do so
2016. at anytime. The bridge will be able to
DEPARTMENT OF HOMELAND
open for emergencies and there is no
ADDRESSES: The docket for this SECURITY
immediate alternate route for vessels to
deviation, [USCG–2016–0613] is
Coast Guard pass. The Coast Guard will also inform
available at http://www.regulations.gov.
the users of the waterway through our
Type the docket number in the
33 CFR Part 117 Local and Broadcast Notices to Mariners
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
of the change in operating schedule for
Click on Open Docket Folder on the line [Docket No. USCG–2016–0851] the bridge so vessel operators can
associated with this deviation.
arrange their transits to minimize any
FOR FURTHER INFORMATION CONTACT: If Drawbridge Operation Regulation;
impact caused by the temporary
you have questions on this temporary China Basin, San Francisco, CA
deviation.
deviation, call or email Mr. Michael AGENCY: Coast Guard, DHS. In accordance with 33 CFR 117.35(e),
Thorogood, Bridge Administration the drawbridge must return to its regular
ACTION:Notice of deviation from
Branch Fifth District, Coast Guard, operating schedule immediately at the
drawbridge regulation.
telephone 757–398–6557, email end of the effective period of this
Michael.R.Thorogood@uscg.mil. SUMMARY: The Coast Guard has issued a temporary deviation. This deviation
SUPPLEMENTARY INFORMATION: The temporary deviation from the operating from the operating regulations is
DelMoSports, LLC, on behalf of the New schedule that governs the 3rd Street authorized under 33 CFR 117.35.
Jersey Department of Transportation, Drawbridge across China Basin, mile 0.0 Dated: August 29, 2016.
who owns the US 40–322 (Albany at San Francisco, CA. The deviation is D.H. Sulouff,
Avenue) Bridge across the NJICW necessary to allow participants to cross
District Bridge Chief, Eleventh Coast Guard
(Inside Thorofare), mile 70.0, at Atlantic the bridge during the San Francisco District.
City, NJ, has requested a temporary Giant Race at AT&T Park event. This
[FR Doc. 2016–21109 Filed 9–1–16; 8:45 am]
deviation from the current operating deviation allows the bridge to remain in
BILLING CODE 9110–04–P
regulations set out in 33 CFR 117.733(f) the closed-to-navigation position during
to ensure the safety of the participants the deviation period.
and spectators associated with the DATES: This deviation is effective from
Atlantic City IRONMAN Triathlon. ENVIRONMENTAL PROTECTION
5 a.m. to 12 p.m. on September 11,
Under this temporary deviation, the AGENCY
2016.
bridge will be maintained in the closed- 40 CFR Part 180
ADDRESSES: The docket for this
to-navigation position from 6:30 a.m. to
deviation, [USCG–2016–0851], is [EPA–HQ–OPP–2016–0201; FRL–9950–63]
2 p.m. on September 18, 2016. The
available at http://www.regulations.gov.
bridge is a double bascule bridge and
Type the docket number in the Butanedioic Acid, 2-Methylene-,
has a vertical clearance in the closed-to-
‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Polymer With 1,3-Butadiene,
navigation position of 10 feet above
Click on Open Docket Folder on the line Ethylbenzene and 2-Hydroxyethyl-2-
mean high water.
associated with this deviation. Propenoate; Tolerance Exemption
The NJICW (Inside Thorofare) is used
by recreational vessels. The Coast Guard FOR FURTHER INFORMATION CONTACT: If
AGENCY: Environmental Protection
has carefully considered the nature and you have questions on this temporary
Agency (EPA).
volume of vessel traffic in publishing deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh ACTION: Final rule.
this temporary deviation.
Vessels able to pass through the Coast Guard District; telephone 510– SUMMARY: This regulation establishes an
bridge in the closed position may do so 437–3516, email David.H.Sulouff@ exemption from the requirement of a
at anytime. The bridge will be able to uscg.mil. tolerance for residues of butanedioic
open in case of an emergency. The Coast SUPPLEMENTARY INFORMATION: The City acid, 2-methylene-, polymer with 1,3-
Guard will also inform the users of the of San Francisco has requested a butadiene, ethenylbenzene and 2-
waterways through our Local and temporary change to the operation of the hydroxyethyl 2-propenoate; when used
Lhorne on DSK30JT082PROD with RULES
Broadcast Notice to Mariners of the 3rd Street Drawbridge, mile 0.0, over as an inert ingredient (emulsifier or
change in operating schedule for the China Basin, at San Francisco, CA. The binder) in a pesticide chemical
bridge so that vessel operators can drawbridge navigation span provides a formulation. Keller and Heckman on
arrange their transits to minimize any vertical clearance of 3 feet above Mean behalf of Trinseo LLC submitted a
impact caused by the temporary High Water in the closed-to-navigation petition to EPA under the Federal Food,
deviation. position. The draw opens on signal if at Drug, and Cosmetic Act (FFDCA),
VerDate Sep<11>2014 15:05 Sep 01, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1](https://thefederalregister.org/doc/81_FR_60792/page/1.svg)
![60624 Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations
C. International Residue Limits entitled ‘‘Actions Concerning does not impose any enforceable duty or
In making its tolerance decisions, EPA Regulations That Significantly Affect contain any unfunded mandate as
seeks to harmonize U.S. tolerances with Energy Supply, Distribution, or Use’’ (66 described under Title II of the Unfunded
international standards whenever FR 28355, May 22, 2001) or Executive Mandates Reform Act (UMRA) (2 U.S.C.
possible, consistent with U.S. food Order 13045, entitled ‘‘Protection of 1501 et seq.).
safety standards and agricultural Children from Environmental Health This action does not involve any
practices. EPA considers the Risks and Safety Risks’’ (62 FR 19885, technical standards that would require
international maximum residue limits April 23, 1997). This action does not Agency consideration of voluntary
(MRLs) established by the Codex contain any information collections consensus standards pursuant to section
Alimentarius Commission (Codex), as subject to OMB approval under the 12(d) of the National Technology
required by FFDCA section 408(b)(4). Paperwork Reduction Act (PRA) (44 Transfer and Advancement Act
The Codex Alimentarius is a joint U.S.C. 3501 et seq.), nor does it require (NTTAA) (15 U.S.C. 272 note).
United Nations Food and Agriculture any special considerations under
Executive Order 12898, entitled XI. Congressional Review Act
Organization/World Health
Organization food standards program, ‘‘Federal Actions to Address Pursuant to the Congressional Review
and it is recognized as an international Environmental Justice in Minority Act (5 U.S.C. 801 et seq.), EPA will
food safety standards-setting Populations and Low-Income submit a report containing this rule and
organization in trade agreements to Populations’’ (59 FR 7629, February 16, other required information to the U.S.
which the United States is a party. EPA 1994). Senate, the U.S. House of
may establish a tolerance that is Since tolerances and exemptions that
Representatives, and the Comptroller
different from a Codex MRL; however, are established on the basis of a petition
General of the United States prior to
FFDCA section 408(b)(4) requires that under FFDCA section 408(d), such as
publication of the rule in the Federal
EPA explain the reasons for departing the tolerance in this final rule, do not
Register. This action is not a ‘‘major
from the Codex level. require the issuance of a proposed rule,
rule’’ as defined by 5 U.S.C. 804(2).
The Codex has not established a MRL the requirements of the Regulatory
for butanedioic acid, 2-methylene-, Flexibility Act (RFA) (5 U.S.C. 601 et List of Subjects in 40 CFR Part 180
polymer with 1,3-butadiene, seq.), do not apply.
This action directly regulates growers, Environmental protection,
ethenylbenzene and 2-hydroxyethyl 2- Administrative practice and procedure,
propenoate. food processors, food handlers, and food
retailers, not States or tribes, nor does Agricultural commodities, Pesticides
IX. Conclusion this action alter the relationships or and pests, Reporting and recordkeeping
distribution of power and requirements.
Accordingly, EPA finds that
exempting residues of butanedioic acid, responsibilities established by Congress Dated: August 17, 2016.
2-methylene-, polymer with 1,3- in the preemption provisions of FFDCA Michael Goodis,
butadiene, ethenylbenzene and 2- section 408(n)(4). As such, the Agency Acting Director, Registration Division, Office
hydroxyethyl 2-propenoate from the has determined that this action will not of Pesticide Programs.
requirement of a tolerance will be safe. have a substantial direct effect on States
or tribal governments, on the Therefore, 40 CFR chapter I is
X. Statutory and Executive Order relationship between the national amended as follows:
Reviews government and the States or tribal
PART 180—[AMENDED]
This action establishes a tolerance governments, or on the distribution of
under FFDCA section 408(d) in power and responsibilities among the ■ 1. The authority citation for part 180
response to a petition submitted to the various levels of government or between continues to read as follows:
Agency. The Office of Management and the Federal Government and Indian
Budget (OMB) has exempted these types tribes. Thus, the Agency has determined Authority: 21 U.S.C. 321(q), 346a and 371.
of actions from review under Executive that Executive Order 13132, entitled ■ 2. In § 180.960, alphabetically add the
Order 12866, entitled ‘‘Regulatory ‘‘Federalism’’ (64 FR 43255, August 10, polymer(s) to the table to read as
Planning and Review’’ (58 FR 51735, 1999) and Executive Order 13175, follows:
October 4, 1993). Because this action entitled ‘‘Consultation and Coordination
has been exempted from review under with Indian Tribal Governments’’ (65 FR § 180.960 Polymers; exemptions from the
Executive Order 12866, this action is 67249, November 9, 2000) do not apply requirement of a tolerance.
not subject to Executive Order 13211, to this action. In addition, this action * * * * *
Polymer CAS No.
* * * * * * *
Butanedioic acid, 2-methylene-, polymer with 1,3-butadiene, ethenylbenzene and 2-hydroxyethyl 2-propenoate, minimum num-
ber average molecular weight (in amu), 10,000 .............................................................................................................................. 36089–06–2
* * * * * * *
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![Federal Register / Vol. 81, No. 171 / Friday, September 2, 2016 / Rules and Regulations 60625
[FR Doc. 2016–21219 Filed 9–1–16; 8:45 am] hearing aid-compatible handsets that interface over which its models operate,
BILLING CODE 6560–50–P service providers and manufacturers are (1) at least an M3 rating for acoustic
required to offer with two new coupling for at least one-third of its
percentage benchmarks: (1) 66 Percent models using that air interface (rounded
FEDERAL COMMUNICATIONS of offered handset models must be down), with a minimum of two models,
COMMISSION compliant following a two-year and (2) at least a T3 rating for inductive
transition period for manufacturers, coupling for at least one-third of its
47 CFR Part 20 with additional compliance time for models using that interface (rounded
service providers, and (2) 85 percent of down), with a minimum of two models.
[WT Docket No. 15–285; FCC 16–103]
offered handset models must be Similarly, a service provider must meet,
Improvements to Benchmarks and compliant following a five-year for each air interface over which its
Related Requirements Governing transition period for manufacturers, models operate, (1) at least an M3 rating
Hearing Aid-Compatible Mobile with additional compliance time for for acoustic coupling for at least 50
Handsets service providers. The Commission also percent of its models using that air
expands the de minimis exception to interface (rounded up) or ten models,
AGENCY: Federal Communications provide a more limited obligation for and (2) at least a T3 rating for inductive
Commission. entities offering four or five handsets. coupling for at least one-third of its
ACTION: Final rule. 2. The Commission also reconfirms its models using that interface (rounded
commitment to pursuing 100 percent up) or ten models.
SUMMARY: The Commission adopts this hearing aid compatibility to the extent 5. In general, under the de minimis
Report and Order to implement a achievable. The Commission therefore exception, most manufacturers and
historic consensus proposal for ensuring invites consensus plan stakeholders and service providers that offer two or fewer
that people with hearing loss have full other interested parties to make digital wireless handset models
access to innovative handsets. supplemental submissions over the next operating over a particular air interface
DATES: These rules are effective October several years on the achievability of a are exempt from the benchmark
3, 2016. 100 percent hearing aid compatibility deployment requirements in connection
FOR FURTHER INFORMATION CONTACT: Eli
deployment benchmark considering with that air interface. Larger
technical and market conditions. As manufacturers with two or fewer
Johnson, Wireless Telecommunications
part of this process, the Commission handset models in an air interface have
Bureau, (202) 418–1395, email
also expects stakeholders to make a limited obligation, as do service
Eli.Johnson@fcc.gov, and Michael
submissions on additional points of providers offering two or fewer models
Rowan, Wireless Telecommunications
agreement regarding other unresolved that obtain those models only from
Bureau, (202) 418–1883, email
issues raised in this proceeding, larger manufacturers. The provision
Michael.Rowan@fcc.gov.
including using alternative technologies further provides that any manufacturer
SUPPLEMENTARY INFORMATION: This is a to achieve hearing aid compatibility and or service provider that offers three
summary of the Federal establishing a safe harbor for service digital wireless handset models
Communications Commission’s Report providers based on a public operating over a particular air interface
and Order in WT Docket 15–285, clearinghouse that claims to identify must offer at least one such handset
adopted August 4, 2016, and released compliant handsets. model that meets the Commission’s
August 5, 2016. The document is 3. In order to advance towards the acoustic and inductive coupling
available for download at http:// Commission’s proposed 100 percent requirements for that air interface.
fjallfoss.fcc.gov/edocs_public/. The compatibility deployment benchmark, 6. To help ensure compliance with
complete text of this document is also the Commission seeks to continue the these benchmarks, the Commission’s
available for inspection and copying productive collaboration between hearing aid compatibility rules also
during normal business hours in the stakeholders and other interested parties require wireless handset manufacturers
FCC Reference Information Center, so that it can obtain data and and wireless service providers to submit
Portals II, 445 12th Street SW., Room information about the technical and annual reports to the Commission
CY–A257, Washington, DC 20554. To market conditions involving wireless detailing the covered handsets that they
request materials in accessible formats handsets and hearing improvement offer for sale, the models that are
for people with disabilities (Braille, technologies. In this regard, the hearing aid-compatible (and the specific
large print, electronic files, audio Commission suggests a timeline rating), and other information relating to
format), send an email to FCC504@ identifying general milestones over the the requirements of the rule. In June
fcc.gov or call the Consumer & next several years when the consensus 2009, the Commission introduced the
Governmental Affairs Bureau at 202– plan stakeholders and other interested electronic FCC Form 655 as the
418–0530 (voice), 202–418–0432 (TTY). parties may, at their election, make mandatory form for filing these reports,
additional submissions. Based in and since that time, both service
Introduction
significant part on the information it providers and manufacturers have filed
1. In this Report and Order, the receives, the Commission intends to reports using the electronic system.
Commission takes several steps to determine the achievability of a 100 Service provider compliance filings are
implement a historic consensus percent compliance standard for due January 15 each year and
proposal for ensuring that people with wireless hearing aid compatibility by no manufacturer reports are due July 15
hearing loss have full access to later than 2024. each year.
innovative handsets. First, the 7. On November 12, 2015, three
Lhorne on DSK30JT082PROD with RULES
Commission amends the hearing aid Background consumer advocacy organizations and
compatibility requirements that are 4. The current hearing aid three industry trade associations
generally applicable to wireless service compatibility deployment benchmarks submitted a Joint Consensus Proposal
providers and manufacturers of digital require that, subject to a de minimis (JCP) providing for a process for moving
wireless handsets. Specifically, the exception described below, a handset away from the current fractional
Commission increases the number of manufacturer must meet, for each air benchmark regime. The parties to the
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Document Created: 2018-02-09 11:55:22
Document Modified: 2018-02-09 11:55:22
| 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 September 2, 2016. Objections and requests for hearings must be received on or before November 1, 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 | Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone | |
| FR Citation | 81 FR 60621 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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