82 FR 51355 - Formaldehyde, Polymer With 1,3-Benzenediol, Ethers With Polyethylene Glycol Mono-Me Ether; Exemption From the Requirement of a Tolerance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 213 (November 6, 2017)
Federal Register Volume 82, Issue 213 (November 6, 2017)
| Page Range | 51355-51358 | |
| FR Document | 2017-24111 |
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)] [Rules and Regulations] [Pages 51355-51358] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24111] [[Page 51355]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0363; FRL-9970-00] Formaldehyde, Polymer With 1,3-Benzenediol, Ethers With Polyethylene Glycol Mono-Me Ether; Exemption From the Requirement of a Tolerance AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This regulation establishes an exemption from the requirement of a tolerance for residues of formaldehyde, polymer with 1,3- benzenediol, ethers with polyethylene glycol mono-Me ether (CAS Reg. No. 1998118-32-3) when used as an inert ingredient in a pesticide chemical formulation. Eco Verde Technologies, Inc. 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 formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether on food or feed commodities. DATES: This regulation is effective November 6, 2017. Objections and requests for hearings must be received on or before January 5, 2018, 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-2017-0363, 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-2017-0363 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before January 5, 2018. 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-2017-0363, 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 September 15, 2017 (82 FR 43352; FRL- 9965-43), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP) IN- 11042 filed by Eco Verde Technologies, Inc., 400 NW. 172nd Avenue, Pembroke Pines, FL. The petition requested that 40 CFR 180.960 be amended by establishing an exemption from the requirement of a tolerance for residues of formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether (CAS Reg. No. 1998118-32- 3). That document included a summary of the petition prepared by the petitioner and solicited comments on the petitioner's request. There were no comments received in response to the notice of filing. 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 [[Page 51356]] 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). Formaldehyde, polymer with 1,3- benzenediol, ethers with polyethylene glycol mono-Me ether 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 a cationic or potentially cationic polymer with low cationic density (the percent of cationic or potentially cationic species with respect to the overall weight of polymer). 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. Additionally, the polymer also meets as required the following exemption criteria specified in 40 CFR 723.250(e). 7. The polymer's minimum number average MW of 1,000,000 daltons is greater than 1,000 daltons. The polymer contains less than 2% oligomeric material below MW 500 and less than 5% oligomeric material below MW 1,000, and the polymer does not contain any reactive functional groups. Thus, formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether 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 formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that formaldehyde, polymer with 1,3- benzenediol, ethers with polyethylene glycol mono-Me ether 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 formaldehyde, polymer with 1,3- benzenediol, ethers with polyethylene glycol mono-Me ether is 1,000,000 daltons. Generally, a polymer of this size would be poorly absorbed through the intact gastrointestinal tract or through intact human skin. Since formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether 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 formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether to share a common mechanism of toxicity with any other substances, and formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether 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 formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether, 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 [[Page 51357]] residues of formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether. 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 formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether. IX. Conclusion Accordingly, EPA finds that exempting residues of formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether 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: October 20, 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. 180.960, alphabetically add the polymer to the table to read as follows: Sec. 180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * * * Formaldehyde, polymer with 1,3-benzenediol, ethers with 1998118-32-3 polyethylene glycol mono-Me ether, minimum number average molecular weight (in amu) 1,000,000............ * * * * * * * ------------------------------------------------------------------------ [[Page 51358]] [FR Doc. 2017-24111 Filed 11-3-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51355
ENVIRONMENTAL PROTECTION number: (703) 305–7090; email address: 2017–0363, by one of the following
AGENCY RDFRNotices@epa.gov. methods.
SUPPLEMENTARY INFORMATION: • Federal eRulemaking Portal: http://
40 CFR Part 180
I. General Information www.regulations.gov. Follow the online
[EPA–HQ–OPP–2017–0363; FRL–9970–00] instructions for submitting comments.
A. Does this action apply to me? Do not submit electronically any
Formaldehyde, Polymer With 1,3- You may be potentially affected by information you consider to be CBI or
Benzenediol, Ethers With Polyethylene this action if you are an agricultural other information whose disclosure is
Glycol Mono-Me Ether; Exemption producer, food manufacturer, or restricted by statute.
From the Requirement of a Tolerance pesticide manufacturer. The following • Mail: OPP Docket, Environmental
AGENCY: Environmental Protection list of North American Industrial Protection Agency Docket Center (EPA/
Agency (EPA). Classification System (NAICS) codes is DC), (28221T), 1200 Pennsylvania Ave.
ACTION: Final rule. not intended to be exhaustive, but rather NW., Washington, DC 20460–0001.
provides a guide to help readers
SUMMARY: This regulation establishes an determine whether this document • Hand Delivery: To make special
exemption from the requirement of a applies to them. Potentially affected arrangements for hand delivery or
tolerance for residues of formaldehyde, entities may include: delivery of boxed information, please
polymer with 1,3-benzenediol, ethers • Crop production (NAICS code 111). follow the instructions at http://
with polyethylene glycol mono-Me • Animal production (NAICS code www.epa.gov/dockets/contacts.html.
ether (CAS Reg. No. 1998118–32–3) 112). Additional instructions on
when used as an inert ingredient in a • Food manufacturing (NAICS code commenting or visiting the docket,
pesticide chemical formulation. Eco 311). along with more information about
Verde Technologies, Inc. submitted a • Pesticide manufacturing (NAICS dockets generally, is available at http://
petition to EPA under the Federal Food, code 32532). www.epa.gov/dockets.
Drug, and Cosmetic Act (FFDCA), B. How can I get electronic access to
requesting an exemption from the II. Background and Statutory Findings
other related information?
requirement of a tolerance. This
You may access a frequently updated In the Federal Register of September
regulation eliminates the need to
electronic version of 40 CFR part 180 15, 2017 (82 FR 43352; FRL–9965–43),
establish a maximum permissible level
through the Government Printing EPA issued a document pursuant to
for residues of formaldehyde, polymer
Office’s e-CFR site at http:// FFDCA section 408, 21 U.S.C. 346a,
with 1,3-benzenediol, ethers with
polyethylene glycol mono-Me ether on www.ecfr.gov/cgi-bin/text- announcing the receipt of a pesticide
food or feed commodities. idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ petition (PP) IN–11042 filed by Eco
40tab_02.tpl Verde Technologies, Inc., 400 NW.
DATES: This regulation is effective
172nd Avenue, Pembroke Pines, FL.
November 6, 2017. Objections and C. Can I file an objection or hearing The petition requested that 40 CFR
requests for hearings must be received request? 180.960 be amended by establishing an
on or before January 5, 2018, and must Under FFDCA section 408(g), 21 exemption from the requirement of a
be filed in accordance with the U.S.C. 346a, any person may file an tolerance for residues of formaldehyde,
instructions provided in 40 CFR part objection to any aspect of this regulation polymer with 1,3-benzenediol, ethers
178 (see also Unit I.C. of the and may also request a hearing on those with polyethylene glycol mono-Me
SUPPLEMENTARY INFORMATION).
objections. You must file your objection ether (CAS Reg. No. 1998118–32–3).
ADDRESSES: The docket for this action, or request a hearing on this regulation That document included a summary of
identified by docket identification (ID) in accordance with the instructions the petition prepared by the petitioner
number EPA–HQ–OPP–2017–0363, is provided in 40 CFR part 178. To ensure and solicited comments on the
available at http://www.regulations.gov proper receipt by EPA, you must petitioner’s request. There were no
or at the Office of Pesticide Programs identify docket ID number EPA–HQ– comments received in response to the
Regulatory Public Docket (OPP Docket) OPP–2017–0363 in the subject line on notice of filing.
in the Environmental Protection Agency the first page of your submission. All
Docket Center (EPA/DC), West William objections and requests for a hearing Section 408(c)(2)(A)(i) of FFDCA
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be allows EPA to establish an exemption
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or from the requirement for a tolerance (the
20460–0001. The Public Reading Room before January 5, 2018. Addresses for legal limit for a pesticide chemical
is open from 8:30 a.m. to 4:30 p.m., mail and hand delivery of objections residue in or on a food) only if EPA
Monday through Friday, excluding legal and hearing requests are provided in 40 determines that the exemption is ‘‘safe.’’
holidays. The telephone number for the CFR 178.25(b). Section 408(c)(2)(A)(ii) of FFDCA
Public Reading Room is (202) 566–1744, In addition to filing an objection or defines ‘‘safe’’ to mean that ‘‘there is a
and the telephone number for the OPP hearing request with the Hearing Clerk reasonable certainty that no harm will
Docket is (703) 305–5805. Please review as described in 40 CFR part 178, please result from aggregate exposure to the
the visitor instructions and additional submit a copy of the filing (excluding pesticide chemical residue, including
information about the docket available any Confidential Business Information all anticipated dietary exposures and all
Pmangrum on DSK3GDR082PROD with RULES
at http://www.epa.gov/dockets. (CBI)) for inclusion in the public docket. other exposures for which there is
FOR FURTHER INFORMATION CONTACT: Information not marked confidential reliable information.’’ This includes
Michael Goodis, Registration Division pursuant to 40 CFR part 2 may be exposure through drinking water and
(7505P), Office of Pesticide Programs, disclosed publicly by EPA without prior use in residential settings, but does not
Environmental Protection Agency, 1200 notice. Submit the non-CBI copy of your include occupational exposure. Section
Pennsylvania Ave. NW., Washington, objection or hearing request, identified 408(b)(2)(C) of FFDCA requires EPA to
DC 20460–0001; main telephone by docket ID number EPA–HQ–OPP– give special consideration to exposure
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![Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51357
residues of formaldehyde, polymer with Budget (OMB) has exempted these types 1999) and Executive Order 13175,
1,3-benzenediol, ethers with of actions from review under Executive entitled ‘‘Consultation and Coordination
polyethylene glycol mono-Me ether. Order 12866, entitled ‘‘Regulatory with Indian Tribal Governments’’ (65 FR
Planning and Review’’ (58 FR 51735, 67249, November 9, 2000) do not apply
VIII. Other Considerations
October 4, 1993). Because this action to this action. In addition, this action
A. Analytical Enforcement Methodology has been exempted from review under does not impose any enforceable duty or
An analytical method is not required Executive Order 12866, this action is contain any unfunded mandate as
for enforcement purposes since the not subject to Executive Order 13211, described under Title II of the Unfunded
Agency is establishing an exemption entitled ‘‘Actions Concerning Mandates Reform Act (UMRA) (2 U.S.C.
from the requirement of a tolerance Regulations That Significantly Affect 1501 et seq.).
without any numerical limitation. Energy Supply, Distribution, or Use’’ (66 This action does not involve any
FR 28355, May 22, 2001) or Executive technical standards that would require
B. International Residue Limits Order 13045, entitled ‘‘Protection of Agency consideration of voluntary
In making its tolerance decisions, EPA Children from Environmental Health consensus standards pursuant to section
seeks to harmonize U.S. tolerances with Risks and Safety Risks’’ (62 FR 19885, 12(d) of the National Technology
international standards whenever April 23, 1997). This action does not Transfer and Advancement Act
possible, consistent with U.S. food contain any information collections (NTTAA) (15 U.S.C. 272 note).
safety standards and agricultural subject to OMB approval under the
XI. Congressional Review Act
practices. EPA considers the Paperwork Reduction Act (PRA) (44
international maximum residue limits U.S.C. 3501 et seq.), nor does it require Pursuant to the Congressional Review
(MRLs) established by the Codex any special considerations under Act (5 U.S.C. 801 et seq.), EPA will
Alimentarius Commission (Codex), as Executive Order 12898, entitled submit a report containing this rule and
required by FFDCA section 408(b)(4). ‘‘Federal Actions to Address other required information to the U.S.
The Codex Alimentarius is a joint Environmental Justice in Minority Senate, the U.S. House of
United Nations Food and Agriculture Populations and Low-Income Representatives, and the Comptroller
Organization/World Health Populations’’ (59 FR 7629, February 16, General of the United States prior to
Organization food standards program, 1994). publication of the rule in the Federal
and it is recognized as an international Since tolerances and exemptions that Register. This action is not a ‘‘major
food safety standards-setting are established on the basis of a petition rule’’ as defined by 5 U.S.C. 804(2).
organization in trade agreements to under FFDCA section 408(d), such as
List of Subjects in 40 CFR Part 180
which the United States is a party. EPA the tolerance in this final rule, do not
may establish a tolerance that is require the issuance of a proposed rule, Environmental protection,
different from a Codex MRL; however, the requirements of the Regulatory Administrative practice and procedure,
FFDCA section 408(b)(4) requires that Flexibility Act (RFA) (5 U.S.C. 601 et Agricultural commodities, Pesticides
EPA explain the reasons for departing seq.), do not apply. and pests, Reporting and recordkeeping
from the Codex level. This action directly regulates growers, requirements.
The Codex has not established a MRL food processors, food handlers, and food Dated: October 20, 2017.
for formaldehyde, polymer with 1,3- retailers, not States or tribes, nor does Michael Goodis,
benzenediol, ethers with polyethylene this action alter the relationships or
Director, Registration Division, Office of
glycol mono-Me ether. distribution of power and Pesticide Programs.
responsibilities established by Congress
IX. Conclusion in the preemption provisions of FFDCA Therefore, 40 CFR chapter I is
Accordingly, EPA finds that section 408(n)(4). As such, the Agency amended as follows:
exempting residues of formaldehyde, has determined that this action will not
polymer with 1,3-benzenediol, ethers have a substantial direct effect on States PART 180—[AMENDED]
with polyethylene glycol mono-Me or tribal governments, on the
relationship between the national ■ 1. The authority citation for part 180
ether from the requirement of a continues to read as follows:
tolerance will be safe. government and the States or tribal
governments, or on the distribution of Authority: 21 U.S.C. 321(q), 346a and 371.
X. Statutory and Executive Order power and responsibilities among the
Reviews ■ 2. In § 180.960, alphabetically add the
various levels of government or between polymer to the table to read as follows:
This action establishes a tolerance the Federal Government and Indian
under FFDCA section 408(d) in tribes. Thus, the Agency has determined § 180.960 Polymers; exemptions from the
response to a petition submitted to the that Executive Order 13132, entitled requirement of a tolerance.
Agency. The Office of Management and ‘‘Federalism’’ (64 FR 43255, August 10, * * * * *
Polymer CAS No.
* * * * * * *
Formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether, minimum number average molec-
Pmangrum on DSK3GDR082PROD with RULES
ular weight (in amu) 1,000,000 ........................................................................................................................................................ 1998118–32–3
* * * * * * *
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![51358 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations
[FR Doc. 2017–24111 Filed 11–3–17; 8:45 am] of Labor (‘‘Secretary’’) to develop Signed this 13th day of October, 2017.
BILLING CODE 6560–50–P guidance to assist agencies in R. Alexander Acosta,
implementing the Order. After notice Secretary, U.S. Department of Labor.
and comment, the final rule and [FR Doc. 2017–23588 Filed 11–3–17; 8:45 am]
DEPARTMENT OF LABOR guidance were published on August 25, BILLING CODE 4510–HL–P
2016. 81 FR 58562 (FAR Council’s rule);
Office of the Secretary 81 FR 58654 (Secretary’s guidance). On
October 24, 2016, the United States DEPARTMENT OF THE INTERIOR
48 CFR Parts 22 and 52 District Court for the Eastern District of
ZRIN 1290–ZA02 Texas issued a preliminary injunction Fish and Wildlife Service
partially enjoining the FAR Council’s
Guidance for Executive Order 13673, rule and the Secretary’s guidance. See 50 CFR Part 20
‘‘Fair Pay and Safe Workplaces’’ Associated Builders & Contractors of Se. [Docket No. FWS–HQ–MB–2015–0073;
AGENCY: Department of Labor. Texas v. Rung, No. 1:16–CV–425, 2016 FF09M21200–178–FXMB1231099BPP0]
WL 8188655 (E.D. Tex. Oct. 24, 2016).
ACTION: Final guidance; rescission. RIN 1018–BB06
On October 25, 2016, the FAR Council
SUMMARY: Under the Congressional issued a memorandum directing that all Migratory Bird Hunting; Approval of
Review Act, Congress has passed, and steps necessary be taken to ensure that Corrosion-Inhibited Copper Shot as
the President has signed, Public Law the enjoined provisions of the rule Nontoxic for Waterfowl Hunting
115–11, a resolution of disapproval of would not be implemented while the
the rule promulgated by the Department injunction was in force. On December AGENCY: Fish and Wildlife Service,
of Defense, General Services 16, 2016, the Department of Defense, Interior.
Administration, and National General Services Administration, and ACTION: Final rule.
Aeronautics and Space Administration National Aeronautics and Space
to implement Executive Order 13673, Administration, on behalf of the FAR SUMMARY: Having completed our review
Fair Pay and Safe Workplaces, as Council, amended the FAR Council’s of the application materials for
amended (the ‘‘Order’’). Additionally, corrosion-inhibited copper shot, the
rule to conform to the district court’s
the President has issued an Executive U.S. Fish and Wildlife Service
injunction. 81 FR 91636.
Order revoking the Order, and directing (hereinafter Service or we) approves the
On March 27, 2017, President Donald shot for hunting waterfowl and coots.
all executive departments and agencies,
Trump signed Public Law 115–11, a We have concluded that this type of
as appropriate and to the extent
resolution of disapproval of the FAR shot left in terrestrial or aquatic
consistent with law, to consider
Council’s rule under the Congressional environments is unlikely to adversely
promptly rescinding any orders, rules,
regulations, guidance, guidelines, or Review Act, 5 U.S.C. 801 et seq. The affect fish, wildlife, or their habitats.
policies implementing or enforcing the resolution had previously passed the Approving this shot formulation would
Order. Accordingly, the Department of House of Representatives on February 2, increase the nontoxic shot options for
Labor is rescinding its guidance on the 2017 and the Senate on March 6, 2017. hunters.
Order, published on August 25, 2016. See 163 Cong. Rec. S1601 (daily ed. DATES: This rule is effective on
Mar. 6, 2017); 163 Cong. Rec. H907 November 6, 2017.
DATES: Effective November 6, 2017.
(daily ed. Feb. 2, 2017). Under the
FOR FURTHER INFORMATION CONTACT: ADDRESSES: You can view the final
Congressional Review Act, a rule shall
Stephanie Swirsky, Deputy Assistant environmental assessment by one of the
not take effect or continue if a joint following methods:
Secretary for Policy, U.S. Department of
resolution of disapproval of the rule is • Federal eRulemaking Portal: http://
Labor, Room S–2312, 200 Constitution
enacted. 5 U.S.C. 801(b)(1). www.regulations.gov. Search for Docket
Avenue NW., Washington, DC 20210;
Additionally, on March 27, 2017, No. FWS–HQ–MB–2015–0073.
telephone: (202) 693–5959 (this is not a
toll-free number). Copies of this notice President Trump issued Executive • Request a copy by contacting the
may be obtained in alternative formats Order 13782, revoking Executive Order person listed under FOR FURTHER
(large print, Braille, audio tape or disc), 13673, section 3 of Executive Order INFORMATION CONTACT.
upon request, by calling (202) 693–5959 13683, and Executive Order 13738, and FOR FURTHER INFORMATION CONTACT: Ron
(this is not a toll-free number). TTY/ directing all executive departments and Kokel, Division of Migratory Bird
TDD callers may dial toll-free [1–877– agencies, ‘‘as appropriate and to the Management, at 703–358–1967; ronald_
889–5627] to obtain information or extent consistent with law, [to] consider kokel@fws.gov.
request materials in alternative formats. promptly rescinding any orders, rules,
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION: On July regulations, guidance, guidelines, or
31, 2014, President Barack Obama policies implementing or enforcing the Background
issued Executive Order 13673, Fair Pay revoked Executive Orders and revoked The Migratory Bird Treaty Act of 1918
and Safe Workplaces. 79 FR 45309. provision[.]’’ 82 FR 15607. Accordingly, (Act) (16 U.S.C. 703–712 and 16 U.S.C.
Executive Order 13673 was amended the Secretary is hereby rescinding the 742 a–j) implements migratory bird
twice, first by section 3 of Executive guidance on Fair Pay and Safe treaties between the United States and
Order 13683 on December 11, 2014, 79 Workplaces, published on August 25, Great Britain for Canada (1916 and
Pmangrum on DSK3GDR082PROD with RULES
FR 75041, and again by Executive Order 2016. In a separate entry published in 1996, as amended), Mexico (1936 and
13738 on August 23, 2016, 81 FR 58807. today’s Federal Register, the 1972, as amended), Japan (1972 and
The Order directed the Federal Department of Defense, General Services 1974, as amended), and Russia (then the
Acquisition Regulatory Council (‘‘FAR Administration, and National Soviet Union, 1978). These treaties
Council’’) to amend its regulations Aeronautics and Space Administration, protect most migratory bird species from
consistent with the Order’s on behalf of the FAR Council, are take, except as permitted under the Act,
requirements, and directed the Secretary rescinding the FAR Council’s rule. which authorizes the Secretary of the
VerDate Sep<11>2014 14:44 Nov 03, 2017 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\06NOR1.SGM 06NOR1](https://thefederalregister.org/doc/82_FR_51568/page/4.svg)
Document Created: 2017-11-07 10:30:55
Document Modified: 2017-11-07 10:30:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This regulation is effective November 6, 2017. Objections and requests for hearings must be received on or before January 5, 2018, 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 | 82 FR 51355 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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