81 FR 68944 - Acrylic acid-butyl acrylate-styrene copolymer; Tolerance Exemption
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 193 (October 5, 2016)
Federal Register Volume 81, Issue 193 (October 5, 2016)
| Page Range | 68944-68946 | |
| FR Document | 2016-24083 |
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)] [Rules and Regulations] [Pages 68944-68946] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24083] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0330; FRL-9952-34] Acrylic acid-butyl acrylate-styrene copolymer; Tolerance Exemption AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, polymer with butyl 2- propenoate and ethenylbenzene, also known as acrylic acid-butyl acrylate-styrene copolymer, when used as an inert ingredient in a pesticide chemical formulation. Momentive Performance Materials submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, polymer with butyl 2-propenoate and ethenylbenzene on food or feed commodities. DATES: This regulation is effective October 5, 2016. Objections and requests for hearings must be received on or before December 5, 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-2016-0330, 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-2016-0330 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 December 5, 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-2016-0330, 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 July 20, 2016 (81 FR 47150) (FRL-9948- 45), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP IN-10925) filed by [[Page 68945]] Momentive Performance Materials, 260 Hudson River Rd., Waterford, NY 12188. The petition requested that 40 CFR 180.960 be amended by establishing an exemption from the requirement of a tolerance for residues of acrylic acid-butyl acrylate-styrene copolymer; CAS Reg. No. 25586-20-3. That document included a summary of the petition prepared by the petitioner and solicited comments on the petitioner's request. The Agency did not receive any comments. Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and use in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing an exemption from the requirement of a tolerance and to ``ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . .'' and specifies factors EPA is to consider in establishing an exemption. III. Risk Assessment and Statutory Findings EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be shown that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established. Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action and considered its validity, completeness and reliability and the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. In the case of certain chemical substances that are defined as polymers, the Agency has established a set of criteria to identify categories of polymers expected to present minimal or no risk. The definition of a polymer is given in 40 CFR 723.250(b) and the exclusion criteria for identifying these low-risk polymers are described in 40 CFR 723.250(d). Acrylic acid-butyl acrylate-styrene copolymer 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 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 5,200 is greater than 1,000 and less than 10,000 daltons. The polymer contains less than 10% oligomeric material below MW 500 and less than 25% oligomeric material below MW 1,000, and the polymer does not contain any reactive functional groups. Thus, acrylic acid-butyl acrylate-styrene copolymer 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 acrylic acid-butyl acrylate-styrene copolymer. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that acrylic acid-butyl acrylate-styrene copolymer 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 acrylic acid-butyl acrylate-styrene copolymer is 5,200 daltons. Generally, a polymer of this size would be poorly absorbed through the intact gastrointestinal tract or through intact human skin. Since acrylic acid-butyl acrylate- styrene copolymer 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 acrylic acid-butyl acrylate-styrene copolymer to share a common mechanism of toxicity with any other substances, and acrylic acid-butyl acrylate-styrene copolymer does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that acrylic acid-butyl acrylate-styrene copolymer 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 [[Page 68946]] 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 acrylic acid-butyl acrylate-styrene copolymer, 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 acrylic acid-butyl acrylate-styrene copolymer. 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 acrylic acid-butyl acrylate-styrene copolymer. IX. Conclusion Accordingly, EPA finds that exempting residues of acrylic acid- butyl acrylate-styrene copolymer 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: September 26, 2016. Michael L. 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, add alphabetically the polymer ``Acrylic acid- butyl acrylate-styrene copolymer, minimum number average molecular weight (in amu), 5,200'' to the table to read as follows: Sec. [emsp14]180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * Acrylic acid-butyl acrylate-styrene copolymer, minimum 25586-20-3 number average molecular weight (in amu), 5,200....... * * * * * ------------------------------------------------------------------------ [FR Doc. 2016-24083 Filed 10-4-16; 8:45 am] BILLING CODE 6560-50-P
![68944 Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations
PART 180—[AMENDED] permissible level for residues of 2- Office’s e-CFR site at http://
propenoic acid, polymer with butyl 2- www.ecfr.gov/cgi-bin/text-
■ 1. The authority citation for part 180 propenoate and ethenylbenzene on food idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
continues to read as follows: or feed commodities. 40tab_02.tpl.
Authority: 21 U.S.C. 321(q), 346a and 371. DATES: This regulation is effective C. Can I file an objection or hearing
■ 2. In § 180.675, revise paragraph (b) to October 5, 2016. Objections and request?
read as follows: requests for hearings must be received
on or before December 5, 2016, and Under FFDCA section 408(g), 21
§ 180.675 Tolfenpyrad; tolerances for must be filed in accordance with the U.S.C. 346a, any person may file an
residues. instructions provided in 40 CFR part objection to any aspect of this regulation
* * * * * 178 (see also Unit I.C. of the and may also request a hearing on those
(b) Section 18 emergency exemptions. SUPPLEMENTARY INFORMATION). objections. You must file your objection
Time-limited tolerances specified in the ADDRESSES: The docket for this action, or request a hearing on this regulation
following table are established for in accordance with the instructions
identified by docket identification (ID)
residues of tolfenpyrad, (4-chloro-3- provided in 40 CFR part 178. To ensure
number EPA–HQ–OPP–2016–0330, is
ethyl-1-methyl-N-[4-(p- proper receipt by EPA, you must
available at http://www.regulations.gov
tolyloxy)benzyl]pyrazole-5- identify docket ID number EPA–HQ–
or at the Office of Pesticide Programs
carboxamide, including its metabolites OPP–2016–0330 in the subject line on
Regulatory Public Docket (OPP Docket)
and degradates, in or on the specified the first page of your submission. All
in the Environmental Protection Agency
agricultural commodities, resulting from Docket Center (EPA/DC), West William objections and requests for a hearing
use of the pesticide pursuant to FFIFRA Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
section 18 emergency exemptions. received by the Hearing Clerk on or
Constitution Ave. NW., Washington, DC
Compliance with the tolerance levels before December 5, 2016. Addresses for
20460–0001. The Public Reading Room
specified below is to be determined by mail and hand delivery of objections
is open from 8:30 a.m. to 4:30 p.m.,
measuring only tolfenpyrad, 4-chloro-3- Monday through Friday, excluding legal and hearing requests are provided in 40
ethyl-1-methyl-N-[4-(p- CFR 178.25(b).
holidays. The telephone number for the In addition to filing an objection or
tolyloxy)benzyl]pyrazole-5- Public Reading Room is (202) 566–1744,
carboxamide. The tolerances expire on hearing request with the Hearing Clerk
and the telephone number for the OPP as described in 40 CFR part 178, please
the date specified in the table. Docket is (703) 305–5805. Please review submit a copy of the filing (excluding
the visitor instructions and additional any Confidential Business Information
Parts per Expiration
Commodity information about the docket available
million date (CBI)) for inclusion in the public docket.
at http://www.epa.gov/dockets. Information not marked confidential
Vegetable, FOR FURTHER INFORMATION CONTACT: pursuant to 40 CFR part 2 may be
fruiting, group Michael Goodis, Registration Division
8–10 .............. 0.70 12/31/2019 (7505P), Office of Pesticide Programs,
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
Environmental Protection Agency, 1200 objection or hearing request, identified
* * * * * Pennsylvania Ave. NW., Washington,
[FR Doc. 2016–24093 Filed 10–4–16; 8:45 am] by docket ID number EPA–HQ–OPP–
DC 20460–0001; main telephone 2016–0330, by one of the following
BILLING CODE 6560–50–P
number: (703) 305–7090; email address: methods.
RDFRNotices@epa.gov. • Federal eRulemaking Portal: http://
SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
ENVIRONMENTAL PROTECTION
AGENCY I. General Information instructions for submitting comments.
Do not submit electronically any
40 CFR Part 180 A. Does this action apply to me? information you consider to be CBI or
You may be potentially affected by other information whose disclosure is
[EPA–HQ–OPP–2016–0330; FRL–9952–34]
this action if you are an agricultural restricted by statute.
Acrylic acid-butyl acrylate-styrene producer, food manufacturer, or • Mail: OPP Docket, Environmental
copolymer; Tolerance Exemption pesticide manufacturer. The following Protection Agency Docket Center (EPA/
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
AGENCY: Environmental Protection Classification System (NAICS) codes is NW., Washington, DC 20460–0001.
Agency (EPA). not intended to be exhaustive, but rather • Hand Delivery: To make special
ACTION: Final rule. provides a guide to help readers arrangements for hand delivery or
determine whether this document delivery of boxed information, please
SUMMARY: This regulation establishes an follow the instructions at http://
exemption from the requirement of a applies to them. Potentially affected
entities may include: www.epa.gov/dockets/contacts.html.
tolerance for residues of 2-propenoic Additional instructions on commenting
• Crop production (NAICS code 111).
acid, polymer with butyl 2-propenoate • Animal production (NAICS code or visiting the docket, along with more
and ethenylbenzene, also known as 112). information about dockets generally, is
acrylic acid-butyl acrylate-styrene • Food manufacturing (NAICS code available at http://www.epa.gov/
copolymer, when used as an inert 311). dockets.
ingredient in a pesticide chemical • Pesticide manufacturing (NAICS
formulation. Momentive Performance II. Background and Statutory Findings
code 32532).
ehiers on DSK5VPTVN1PROD with RULES
Materials submitted a petition to EPA In the Federal Register of July 20,
under the Federal Food, Drug, and B. How can I get electronic access to 2016 (81 FR 47150) (FRL–9948–45),
Cosmetic Act (FFDCA), requesting an other related information? EPA issued a document pursuant to
exemption from the requirement of a You may access a frequently updated FFDCA section 408, 21 U.S.C. 346a,
tolerance. This regulation eliminates the electronic version of 40 CFR part 180 announcing the receipt of a pesticide
need to establish a maximum through the Government Printing petition (PP IN–10925) filed by
VerDate Sep<11>2014 15:06 Oct 04, 2016 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\05OCR1.SGM 05OCR1](https://thefederalregister.org/doc/81_FR_69137/page/1.svg)
![68946 Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations
additional tenfold margin of safety for X. Statutory and Executive Order described under Title II of the Unfunded
infants and children in the case of Reviews Mandates Reform Act (UMRA) (2 U.S.C.
threshold effects to account for prenatal This action establishes a tolerance 1501 et seq.).
and postnatal toxicity and the under FFDCA section 408(d) in This action does not involve any
completeness of the data base unless response to a petition submitted to the technical standards that would require
EPA concludes that a different margin of Agency. The Office of Management and Agency consideration of voluntary
safety will be safe for infants and Budget (OMB) has exempted these types consensus standards pursuant to section
children. Due to the expected low of actions from review under Executive 12(d) of the National Technology
toxicity of acrylic acid-butyl acrylate- Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act
styrene copolymer, EPA has not used a Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note).
safety factor analysis to assess the risk. October 4, 1993). Because this action
For the same reasons the additional has been exempted from review under XI. Congressional Review Act
tenfold safety factor is unnecessary. Executive Order 12866, this action is
Pursuant to the Congressional Review
not subject to Executive Order 13211,
VII. Determination of Safety entitled ‘‘Actions Concerning Act (5 U.S.C. 801 et seq.), EPA will
Regulations That Significantly Affect submit a report containing this rule and
Based on the conformance to the other required information to the U.S.
criteria used to identify a low-risk Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive Senate, the U.S. House of
polymer, EPA concludes that there is a Representatives, and the Comptroller
reasonable certainty of no harm to the Order 13045, entitled ‘‘Protection of
Children from Environmental Health General of the United States prior to
U.S. population, including infants and publication of the rule in the Federal
children, from aggregate exposure to Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not Register. This action is not a ‘‘major
residues of acrylic acid-butyl acrylate- rule’’ as defined by 5 U.S.C. 804(2).
contain any information collections
styrene copolymer.
subject to OMB approval under the List of Subjects in 40 CFR Part 180
VIII. Other Considerations Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require Environmental protection,
A. Analytical Enforcement Methodology any special considerations under Administrative practice and procedure,
An analytical method is not required Executive Order 12898, entitled Agricultural commodities, Pesticides
for enforcement purposes since the ‘‘Federal Actions to Address and pests, Reporting and recordkeeping
Agency is establishing an exemption Environmental Justice in Minority requirements.
from the requirement of a tolerance Populations and Low-Income
Populations’’ (59 FR 7629, February 16, Dated: September 26, 2016.
without any numerical limitation. Michael L. Goodis,
1994).
B. International Residue Limits Since tolerances and exemptions that Acting Director, Registration Division, Office
are established on the basis of a petition of Pesticide Programs.
In making its tolerance decisions, EPA under FFDCA section 408(d), such as
seeks to harmonize U.S. tolerances with the tolerance in this final rule, do not Therefore, 40 CFR chapter I is
international standards whenever require the issuance of a proposed rule, amended as follows:
possible, consistent with U.S. food the requirements of the Regulatory
safety standards and agricultural Flexibility Act (RFA) (5 U.S.C. 601 et PART 180—[AMENDED]
practices. EPA considers the seq.), do not apply.
international maximum residue limits This action directly regulates growers, ■ 1. The authority citation for part 180
(MRLs) established by the Codex food processors, food handlers, and food continues to read as follows:
Alimentarius Commission (Codex), as retailers, not States or tribes, nor does Authority: 21 U.S.C. 321(q), 346a and 371.
required by FFDCA section 408(b)(4). this action alter the relationships or
The Codex Alimentarius is a joint distribution of power and ■ 2. In § 180.960, add alphabetically the
United Nations Food and Agriculture responsibilities established by Congress polymer ‘‘Acrylic acid-butyl acrylate-
Organization/World Health in the preemption provisions of FFDCA styrene copolymer, minimum number
Organization food standards program, section 408(n)(4). As such, the Agency average molecular weight (in amu),
and it is recognized as an international has determined that this action will not 5,200’’ to the table to read as follows:
food safety standards-setting have a substantial direct effect on States
§ 180.960 Polymers; exemptions from the
organization in trade agreements to or tribal governments, on the
requirement of a tolerance.
which the United States is a party. EPA relationship between the national
government and the States or tribal * * * * *
may establish a tolerance that is
different from a Codex MRL; however, governments, or on the distribution of
power and responsibilities among the Polymer CAS No.
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing various levels of government or between
from the Codex level. the Federal Government and Indian
* * * * *
tribes. Thus, the Agency has determined
The Codex has not established a MRL Acrylic acid-butyl acrylate-
that Executive Order 13132, entitled styrene copolymer, min-
for acrylic acid-butyl acrylate-styrene ‘‘Federalism’’ (64 FR 43255, August 10,
copolymer. imum number average mo-
1999) and Executive Order 13175, lecular weight (in amu),
ehiers on DSK5VPTVN1PROD with RULES
IX. Conclusion entitled ‘‘Consultation and Coordination 5,200 ................................. 25586–20–3
with Indian Tribal Governments’’ (65 FR
Accordingly, EPA finds that 67249, November 9, 2000) do not apply * * * * *
exempting residues of acrylic acid-butyl to this action. In addition, this action
acrylate-styrene copolymer from the does not impose any enforceable duty or [FR Doc. 2016–24083 Filed 10–4–16; 8:45 am]
requirement of a tolerance will be safe. contain any unfunded mandate as BILLING CODE 6560–50–P
VerDate Sep<11>2014 15:06 Oct 04, 2016 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 E:\FR\FM\05OCR1.SGM 05OCR1](https://thefederalregister.org/doc/81_FR_69137/page/3.svg)
Document Created: 2016-10-05 03:29:06
Document Modified: 2016-10-05 03:29:06
| 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 October 5, 2016. Objections and requests for hearings must be received on or before December 5, 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 68944 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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