82 FR 46926 - Tall Oil Fatty Acids; Exemption From the Requirement of a Tolerance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 194 (October 10, 2017)
Federal Register Volume 82, Issue 194 (October 10, 2017)
| Page Range | 46926-46929 | |
| FR Document | 2017-21787 |
[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)] [Rules and Regulations] [Pages 46926-46929] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-21787] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0012; FRL-9965-58] Tall Oil Fatty Acids; Exemption From the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes exemptions from the requirement of a tolerance for residues of tall oil fatty acids (CAS Reg. No. 61790- 12-3) when used as inert ingredients (solvent/carrier) in the following circumstances: In pesticide formulations applied to growing crops and raw agricultural commodities after harvest; in pesticides applied in/on animals, and in antimicrobial formulations for food contact surfaces. Spring Trading Company on behalf of Ingevity Corporation submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of these exemptions from the requirement of a tolerance. This regulation eliminates the need to establish maximum permissible levels for residues of tall oil fatty acids that are consistent with the conditions of these exemptions. DATES: This regulation is effective October 10, 2017. Objections and requests for hearings must be received on or before December 11, 2017, 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-2017-0012, 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 L. Goodis, Registration Division (7505P), 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). [[Page 46927]] 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. How 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-2017-0012 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 11, 2017. 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-2017-0012, 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. Petition for Exemption In the Federal Register of April 10, 2017 (82 FR 17175) (FRL-9959- 61), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of pesticide petition (IN-11002) by Spring Trading Company (203 Dogwood Trail, Magnolia, TX 77354) on behalf of Ingevity Corporation (5255 Virginia Avenue, North Charleston, SC 29406). This petition requested that 40 CFR 180.910, 40 CFR 180.930, and 40 CFR 180.940(a) be amended by establishing exemptions from the requirement of a tolerance for residues of tall oil fatty acids (CAS Reg. No. 61790-12-3) when used as an inert ingredient (solvent/carrier) in pesticide formulations applied to growing crops and to raw agricultural commodities after harvest, in pesticides applied in/on animals, or in antimicrobial formulations for food contact surfaces. That document referenced the summary of the petition prepared by Spring Trading Company on behalf of Ingevity Corporation, the petitioner, which are available in the docket, http://www.regulations.gov. There were no comments received in response to the notice of filing. III. Inert Ingredient Definition Inert ingredients are all ingredients that are not active ingredients as defined in 40 CFR 153.125 and include, but are not limited to, the following types of ingredients (except when they have a pesticidal efficacy of their own): Solvents such as alcohols and hydrocarbons; surfactants such as polyoxyethylene polymers and fatty acids; carriers such as clay and diatomaceous earth; thickeners such as carrageenan and modified cellulose; wetting, spreading, and dispersing agents; propellants in aerosol dispensers; microencapsulating agents; and emulsifiers. The term ``inert'' is not intended to imply nontoxicity; the ingredient may or may not be chemically active. Generally, EPA has exempted inert ingredients from the requirement of a tolerance based on the low toxicity of the individual inert ingredients. IV. Aggregate Risk Assessment and Determination of Safety 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 tolerance 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 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 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. . . .'' EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be clearly demonstrated 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(c)(2)(A) and the factors specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for tall oil fatty acids including exposure resulting from the exemption established by this action. EPA's assessment of exposures and risks associated with tall oil fatty acids follows. A. Toxicological Profile EPA has evaluated the available toxicity data and considered their validity, completeness, and reliability as well as the relationship of the results of the studies 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. Specific information on the studies received and the nature of the adverse effects caused [[Page 46928]] by tall oil fatty acids as well as the no-observed-adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-level (LOAEL) from the toxicity studies are discussed in this unit. The acute oral toxicity is low in rats for tall oil fatty acids; the lethal dose (LD 50 ) is >10,000 milligrams/kilogram (mg/ kg). Tall oil fatty acids are not a dermal sensitizer in the guinea pig maximization test. Acute dermal toxicity (study available with oleic acid) was not observed in guinea pigs. Skin and eye irritation and inhalation studies are not available. Tall oil fatty acids do not exhibit toxicity when administered via the diet to rats at 2,500 mg/kg/day for 90 days. A two-generation reproduction toxicity study in rats was available for tall oil fatty acids. Fetal susceptibility was not observed. Neither maternal nor developmental adverse effects were observed following oral administration of tall oil fatty acids at doses as high as 5,000 mg/kg/day. Carcinogenicity studies with tall oil fatty acids are not available; however, there is no toxicological endpoint of concern up to 5,000 mg/kg/day nor is there a potential for mutagenicity. Therefore, tall oil fatty acids are not expected to be carcinogenic. Mutagenicity studies, the Ames test and mammalian gene mutations, are negative for tall fatty acids. Therefore, tall oil fatty acids are not mutagenic. Neurotoxicity and immunotoxicity studies are not available for review; however, evidence of neurotoxicity and immunotoxicity is not observed in the submitted studies. B. Toxicological Points of Departure/Levels of Concern The available toxicity studies indicate that tall oil fatty acids have a very low overall toxicity. The NOAELs in a 90-day oral and a reproduction toxicity studies were=5,000 mg/kg/day; well above the limit dose of 1,000 mg/kg/day. Since no signs of toxicity were observed, even at doses above the limit dose, an endpoint of concern for risk assessment purposes was not identified. Therefore, a qualitative risk assessment was conducted for acute and chronic dietary exposures and short and intermediate dermal and inhalation exposures. C. Exposure Assessment 1. Dietary exposure from food and feed uses. In evaluating dietary exposure to tall oil fatty acids, EPA considered exposure under the proposed exemption from the requirement of a tolerance. EPA qualitatively assessed dietary exposures from tall oil fatty acids in food as follows: Dietary exposure (food and drinking water) to tall oil fatty acids can occur following ingestion of foods with residues from treated crops, animals or food contact surfaces. Use on food crops may result in residues in drinking water. 2. From non-dietary exposure. The term ``residential exposure'' is used in this document to refer to non-occupational, non-dietary exposure (e.g., textiles (clothing and diapers), carpets, swimming pools, and hard surface disinfection on walls, floors, tables). Tall oil fatty acids may be used in pesticide products and non- pesticide products that may be used in and around the home. Based on the discussion above, a quantitative residential exposure assessment for tall oil fatty acids was not conducted. 3. 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.'' Based on the available data, tall oil fatty acids do not have a toxic mechanism; therefore, section 408(b)(2)(D)(v) does not apply. D. Safety Factor for Infants and Children 1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold (10X) 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 database on toxicity and exposure unless EPA determines based on reliable data that a different margin of safety will be safe for infants and children. This additional margin of safety is commonly referred to as the FQPA Safety Factor (SF). In applying this provision, EPA either retains the default value of 10X, or uses a different additional safety factor when reliable data available to EPA support the choice of a different factor. As part of its qualitative assessment, the Agency did not use safety factors for assessing risk, and no additional safety factor is needed for assessing risk to infants and children. Based on an assessment of tall oil fatty acids, EPA has concluded that there are no toxicological endpoints of concern for the U.S. population, including infants and children. E. Aggregate Risks and Determination of Safety Because no toxicological endpoints of concern were identified, EPA concludes that aggregate exposure to residues of tall oil fatty acids will not pose a risk to the U.S. population, including infants and children, and that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to tall oil fatty acids residues. V. 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. VI. Conclusions Therefore, exemptions from the requirement of a tolerance are established under for residues of tall oil fatty acids (CAS Reg. No. 61790-12-3) when used as an inert ingredient (solvent/carrier) in pesticide formulations as follows: For application to growing crops and raw agricultural commodities after harvest under 40 CFR 180.910; for application to animals under 40 CFR 180.930; and for use in antimicrobial pesticide formulations applied to for food contact surfaces in public eating places, dairy-processing equipment, and food- processing equipment and utensils under 40 CFR 180.940(a). VII. Statutory and Executive Order Reviews This action establishes exemptions from the requirement of 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 [[Page 46929]] 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 exemptions 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). VIII. 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 5, 2017. Michael Goodis, 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. 180.910, add alphabetically the inert ingredient to the table to read as follows: Sec. 180.910 Inert ingredients used pre- and post-harvest; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Inert ingredients Limits Uses ------------------------------------------------------------------------ * * * * * Tall oil fatty acids (CAS Reg. No. ....... Solvent/carrier. 61790-12-3). * * * * * ------------------------------------------------------------------------ 0 3. In Sec. 180.930, add alphabetically the inert ingredient to the table to read as follows: Sec. 180.930 Inert ingredients applied to animals; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Inert ingredients Limits Uses ------------------------------------------------------------------------ * * * * * Tall oil fatty acids (CAS Reg. No. ....... Solvent/carrier. 61790-12-3). * * * * * ------------------------------------------------------------------------ 0 4. In Sec. 180.940(a), add alphabetically the inert ingredient to the table to read as follows: Sec. 180.940(a) Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (Food contact surface sanitizing solutions). * * * * * (a) * * * ------------------------------------------------------------------------ Inert ingredients Limits Uses ------------------------------------------------------------------------ * * * * * Tall oil fatty acid (CAS Reg. No. ....... Solvent/carrier. 61790-12-3). * * * * * ------------------------------------------------------------------------ * * * * * [FR Doc. 2017-21787 Filed 10-6-17; 8:45 am] BILLING CODE 6560-50-P
![46926 Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations
NEGATIVE DECLARATIONS FOR THE 2008 OZONE NAAQS
CTG source category CTG reference document
Can Coating .................................... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume II: Surface Coating of
Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks (EPA–450/2–77–008, 05/1977).
Drum Coating .................................. Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (EPA–453/R–08–003,
09/2008).
Flat Wood Paneling Coating ........... Control of Volatile Organic Emissions from Existing Stationary Sources—Volume VII: Factory Surface
Coating of Flat Wood Paneling (EPA–450/2–78–032, 06/1978).
Metal Furniture Coating .................. Control of Volatile Organic Emissions from Existing Stationary Sources—Volume III: Surface Coating of
Metal Furniture (EPA–450/2–77–032, 12/1977).
Pleasure Craft Coating ................... Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings (EPA–453/R–08–003,
09/2008).
Tank Truck Gasoline Loading Ter- Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA–450/2–77–026, 10/1977).
minals.
* * * * * conditional approval is treated as a ADDRESSES: The docket for this action,
disapproval. identified by docket identification (ID)
■ 4. Revise § 52.248 to read as follows:
[FR Doc. 2017–21375 Filed 10–6–17; 8:45 am] number: EPA–HQ–OPP–2017–0012, is
§ 52.248 Identification of plan—conditional BILLING CODE 6560–50–P
available at http://www.regulations.gov
approval. or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
(a) The EPA is conditionally in the Environmental Protection Agency
approving a California State ENVIRONMENTAL PROTECTION
AGENCY Docket Center (EPA/DC), West William
Implementation Plan (SIP) revision Jefferson Clinton Bldg., Rm. 3334, 1301
submitted on November 13, 2015 40 CFR Part 180 Constitution Ave. NW., Washington, DC
updating the motor vehicle emissions 20460–0001. The Public Reading Room
budgets for nitrogen oxides (NOX) and is open from 8:30 a.m. to 4:30 p.m.,
[EPA–HQ–OPP–2017–0012; FRL–9965–58]
coarse particulate matter (PM10) for the Monday through Friday, excluding legal
1987 24-hour PM10 standard for the San Tall Oil Fatty Acids; Exemption From holidays. The telephone number for the
Joaquin Valley PM10 maintenance area. the Requirement of a Tolerance Public Reading Room is (202) 566–1744,
The conditional approval is based on a and the telephone number for the OPP
commitment from the State to submit a AGENCY: Environmental Protection Docket is (703) 305–5805. Please review
SIP revision that demonstrates full Agency (EPA). the visitor instructions and additional
implementation of the contingency ACTION: Final rule. information about the docket available
provisions of the 2007 PM10 at http://www.epa.gov/dockets.
Maintenance Plan and Request for SUMMARY: This regulation establishes FOR FURTHER INFORMATION CONTACT:
Redesignation (September 20, 2007). If exemptions from the requirement of a Michael L. Goodis, Registration Division
the State fails to meet its commitment tolerance for residues of tall oil fatty (7505P), Registration Division (7505P),
by June 1, 2017, the approval is treated acids (CAS Reg. No. 61790–12–3) when Office of Pesticide Programs,
as a disapproval. used as inert ingredients (solvent/ Environmental Protection Agency, 1200
(b) The EPA is conditionally carrier) in the following circumstances: Pennsylvania Ave. NW., Washington,
approving portions of the California SIP In pesticide formulations applied to DC 20460–0001; main telephone
revisions submitted on January 31, 2007 growing crops and raw agricultural number: (703) 305–7090; email address:
and October 23, 2015, demonstrating commodities after harvest; in pesticides RDFRNotices@epa.gov.
control measures in the Antelope Valley applied in/on animals, and in SUPPLEMENTARY INFORMATION:
portion of the Los Angeles-San antimicrobial formulations for food
Bernardino Counties (West Mojave contact surfaces. Spring Trading I. General Information
Desert) nonattainment area implement Company on behalf of Ingevity A. Does this action apply to me?
RACT for the 1997 and 2008 ozone Corporation submitted a petition to EPA
standards. The conditional approval is under the Federal Food, Drug, and You may be potentially affected by
based on a commitment from the state Cosmetic Act (FFDCA), requesting this action if you are an agricultural
to submit new or revised rules that will establishment of these exemptions from producer, food manufacturer, or
correct deficiencies in the following the requirement of a tolerance. This pesticide manufacturer. The following
rules for the Antelope Valley Air regulation eliminates the need to list of North American Industrial
Quality Management District: establish maximum permissible levels Classification System (NAICS) codes is
for residues of tall oil fatty acids that are not intended to be exhaustive, but rather
(1) Rule 462, Organic Liquid Loading; provides a guide to help readers
consistent with the conditions of these
(2) Rule 1110.2, Emissions from exemptions. determine whether this document
Stationary, Non-road & Portable applies to them. Potentially affected
Internal Combustion Engines; DATES: This regulation is effective entities may include:
Pmangrum on DSK3GDR082PROD with RULES
October 10, 2017. Objections and • Crop production (NAICS code 111).
(3) Rule 1151, Motor Vehicle and requests for hearings must be received • Animal production (NAICS code
Mobile Equipment Coating Operations; on or before December 11, 2017, and 112).
and must be filed in accordance with the • Food manufacturing (NAICS code
(4) Rule 1171, Solvent Cleaning instructions provided in 40 CFR part 311).
Operations. If the State fails to meet its 178 (see also Unit I.C. of the • Pesticide manufacturing (NAICS
commitment by November 9, 2018, the SUPPLEMENTARY INFORMATION). code 32532).
VerDate Sep<11>2014 14:55 Oct 06, 2017 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\10OCR1.SGM 10OCR1](https://thefederalregister.org/doc/82_FR_47120/page/1.svg)
![Federal Register / Vol. 82, No. 194 / Tuesday, October 10, 2017 / Rules and Regulations 46929
U.S.C. 3501 et seq.), nor does it require Agricultural commodities, Pesticides * * * * *
any special considerations under and pests, Reporting and recordkeeping [FR Doc. 2017–21787 Filed 10–6–17; 8:45 am]
Executive Order 12898, entitled requirements. BILLING CODE 6560–50–P
‘‘Federal Actions to Address Dated: September 5, 2017.
Environmental Justice in Minority Michael Goodis,
Populations and Low-Income ENVIRONMENTAL PROTECTION
Director, Registration Division, Office of AGENCY
Populations’’ (59 FR 7629, February 16,
Pesticide Programs.
1994).
Since tolerances and exemptions that Therefore, 40 CFR chapter I is 40 CFR Part 180
are established on the basis of a petition amended as follows: [EPA–HQ–OPP–2017–0309; FRL–9967–72]
under FFDCA section 408(d), such as
the exemptions in this final rule, do not PART 180—[AMENDED] Tolfenpyrad; Pesticide Tolerances for
require the issuance of a proposed rule, Emergency Exemptions
the requirements of the Regulatory ■ 1. The authority citation for part 180
continues to read as follows: AGENCY: Environmental Protection
Flexibility Act (RFA) (5 U.S.C. 601 et
Agency (EPA).
seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371.
This action directly regulates growers, ACTION: Final rule.
food processors, food handlers, and food ■ 2. In § 180.910, add alphabetically the
inert ingredient to the table to read as SUMMARY: This regulation establishes
retailers, not States or tribes, nor does time-limited tolerances for residues of
this action alter the relationships or follows:
tolfenpyrad in or on dry bulb onion and
distribution of power and § 180.910 Inert ingredients used pre- and watermelon. This action is in response
responsibilities established by Congress post-harvest; exemptions from the to EPA’s granting of emergency
in the preemption provisions of FFDCA requirement of a tolerance. exemptions under the Federal
section 408(n)(4). As such, the Agency * * * * * Insecticide, Fungicide, and Rodenticide
has determined that this action will not Act (FIFRA) authorizing use of the
have a substantial direct effect on States Inert ingredients Limits Uses
pesticide on dry bulb onion and
or tribal governments, on the watermelon. This regulation establishes
relationship between the national * * * * * maximum permissible levels for
government and the States or tribal Tall oil fatty acids ............ Solvent/carrier. residues of tolfenpyrad in or on these
governments, or on the distribution of (CAS Reg. No.
commodities. The time-limited
61790–12–3).
power and responsibilities among the tolerances expire on December 31, 2020.
various levels of government or between * * * * * DATES: This regulation is effective
the Federal Government and Indian October 10, 2017. Objections and
tribes. Thus, the Agency has determined requests for hearings must be received
■ 3. In § 180.930, add alphabetically the
that Executive Order 13132, entitled on or before December 11, 2017, and
inert ingredient to the table to read as
‘‘Federalism’’ (64 FR 43255, August 10, must be filed in accordance with the
follows:
1999) and Executive Order 13175, instructions provided in 40 CFR part
entitled ‘‘Consultation and Coordination § 180.930 Inert ingredients applied to 178 (see also Unit I.C. of the
with Indian Tribal Governments’’ (65 FR animals; exemptions from the requirement SUPPLEMENTARY INFORMATION).
67249, November 9, 2000) do not apply of a tolerance.
ADDRESSES: The docket for this action,
to this action. In addition, this action * * * * * identified by docket identification (ID)
does not impose any enforceable duty or number EPA–HQ–OPP–2017–0309, is
contain any unfunded mandate as Inert ingredients Limits Uses
available at http://www.regulations.gov
described under Title II of the Unfunded or at the Office of Pesticide Programs
Mandates Reform Act (UMRA) (2 U.S.C. * * * * * Regulatory Public Docket (OPP Docket)
1501 et seq.). Tall oil fatty acids ............ Solvent/carrier.
in the Environmental Protection Agency
This action does not involve any (CAS Reg. No.
61790–12–3). Docket Center (EPA/DC), West William
technical standards that would require Jefferson Clinton Bldg., Rm. 3334, 1301
Agency consideration of voluntary * * * * * Constitution Ave. NW., Washington, DC
consensus standards pursuant to section 20460–0001. The Public Reading Room
12(d) of the National Technology ■ 4. In § 180.940(a), add alphabetically is open from 8:30 a.m. to 4:30 p.m.,
Transfer and Advancement Act the inert ingredient to the table to read Monday through Friday, excluding legal
(NTTAA) (15 U.S.C. 272 note). as follows: holidays. The telephone number for the
VIII. Congressional Review Act Public Reading Room is (202) 566–1744,
§ 180.940(a) Tolerance exemptions for and the telephone number for the OPP
Pursuant to the Congressional Review active and inert ingredients for use in
Act (5 U.S.C. 801 et seq.), EPA will antimicrobial formulations (Food contact
Docket is (703) 305–5805. Please review
submit a report containing this rule and surface sanitizing solutions). the visitor instructions and additional
other required information to the U.S. information about the docket available
* * * * *
Senate, the U.S. House of at https://www.epa.gov/dockets.
(a) * * *
Representatives, and the Comptroller FOR FURTHER INFORMATION CONTACT:
General of the United States prior to Inert ingredients Limits Uses Michael L. Goodis, Registration Division
Pmangrum on DSK3GDR082PROD with RULES
publication of the rule in the Federal (7505P), Office of Pesticide Programs,
Register. This action is not a ‘‘major Environmental Protection Agency, 1200
* * * * *
rule’’ as defined by 5 U.S.C. 804(2). Tall oil fatty acid ............ Solvent/carrier. Pennsylvania Ave. NW., Washington,
(CAS Reg. No. DC 20460–0001; main telephone
List of Subjects in 40 CFR Part 180 61790–12–3). number: (703) 305–7090; email address:
Environmental protection, RDFRNotices@epa.gov.
* * * * *
Administrative practice and procedure, SUPPLEMENTARY INFORMATION:
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Document Created: 2017-10-07 10:32:01
Document Modified: 2017-10-07 10:32:01
| 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 10, 2017. Objections and requests for hearings must be received on or before December 11, 2017, 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 L. Goodis, Registration Division (7505P), 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 | |
| FR Citation | 82 FR 46926 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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