82 FR 57872 - Bacillus subtilis Strain BU1814; Exemption From the Requirement of a Tolerance
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 235 (December 8, 2017)
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 57872-57874 | |
| FR Document | 2017-26518 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Rules and Regulations] [Pages 57872-57874] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26518] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2016-0687; FRL-9969-96] Bacillus subtilis Strain BU1814; 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 Bacillus subtilis strain BU1814 in or on all food commodities when used in accordance with label directions and good agricultural practices. BASF Corporation 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 Bacillus subtilis strain BU1814 under FFDCA. DATES: This regulation is effective December 8, 2017. Objections and requests for hearings must be received on or before February 6, 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-2016-0687, 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: Robert McNally, Biopesticides and Pollution Prevention Division (7511P), 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. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2016-0687 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 February 6, 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-2016-0687, 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 In the Federal Register of February 7, 2017 (82 FR 9555) (FRL-9956- 86), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance petition (PP 6F8490) by BASF Corporation, 26 Davis Dr., P.O. Box 13528, Research Triangle Park, NC 27709. The petition requested that 40 CFR part 180 be amended by establishing an exemption from the requirement of a tolerance for residues of the fungicide Bacillus subtilis strain BU1814 in or on all food commodities. That document referenced a summary of the petition prepared by the petitioner BASF Corporation, which is available in the docket via http://www.regulations.gov. There were no [[Page 57873]] comments received in response to the notice of filing. III. Final Rule A. EPA's Safety Determination 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 in residential settings but does not include occupational exposure. Pursuant to FFDCA section 408(c)(2)(B), in establishing or maintaining in effect an exemption from the requirement of a tolerance, EPA must take into account the factors set forth in FFDCA section 408(b)(2)(C), which require EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance or tolerance exemption 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 . . . .'' Additionally, FFDCA section 408(b)(2)(D) requires that EPA consider ``available information concerning the cumulative effects of [a particular pesticide's] . . . residues and other substances that have a common mechanism of toxicity.'' EPA evaluated the available toxicity and exposure data on Bacillus subtilis strain BU1814 and considered its validity, completeness, and reliability, as well as the relationship of this information to human risk. A full explanation of the data upon which EPA relied and its risk assessment based on those data can be found within the document entitled ``Federal Food, Drug, and Cosmetic Act (FFDCA) Considerations for Bacillus subtilis strain BU1814.'' This document, as well as other relevant information, is available in the docket for this action as described under ADDRESSES. The available data indicate that Bacillus subtilis strain BU1814 showed no toxicity, no pathogenicity, and no infectivity via the acute oral, pulmonary, and intravenous routes of exposure. Based upon its evaluation, EPA concludes that there is a reasonable certainty that no harm will result to the U.S. population, including infants and children, from aggregate exposure to residues of Bacillus subtilis strain BU1814. Therefore, an exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain BU1814 in or on all food commodities when used in accordance with label directions and good agricultural practices. B. Analytical Enforcement Methodology An analytical method is not required because EPA is establishing an exemption from the requirement of a tolerance without any numerical limitation. IV. Statutory and Executive Order Reviews This action establishes a tolerance exemption under FFDCA section 408(d) in response to a petition submitted to EPA. 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 exemption in this action, 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. As a result, this action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, EPA 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, EPA 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 EPA's 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). V. 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: November 27, 2017. Richard P. Keigwin, Jr., Director, 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. Add Sec. 180.1348 to subpart D to read as follows: Sec. 180.1348 Bacillus subtilis strain BU1814; exemption from the requirement of a tolerance. An exemption from the requirement of a tolerance is established for residues of Bacillus subtilis strain BU1814 in or on all food commodities when used in [[Page 57874]] accordance with label directions and good agricultural practices. [FR Doc. 2017-26518 Filed 12-7-17; 8:45 am] BILLING CODE 6560-50-P
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§ 180.665 Sedaxane; tolerances for number EPA–HQ–OPP–2016–0687, is in accordance with the instructions
residues. available at http://www.regulations.gov provided in 40 CFR part 178. To ensure
(a) * * * or at the Office of Pesticide Programs proper receipt by EPA, you must
Regulatory Public Docket (OPP Docket) identify docket ID number EPA–HQ–
Parts per in the Environmental Protection Agency OPP–2016–0687 in the subject line on
Commodity million Docket Center (EPA/DC), West William the first page of your submission. All
Beet, sugar, roots ....................... 0.01 Jefferson Clinton Bldg., Rm. 3334, 1301 objections and requests for a hearing
Canola, seed .............................. 0.01 Constitution Ave., NW., Washington, must be in writing, and must be
Cotton, gin byproducts ............... 0.01 DC 20460–0001. The Public Reading received by the Hearing Clerk on or
Cotton, undelinted seed ............. 0.01 Room is open from 8:30 a.m. to 4:30 before February 6, 2018. Addresses for
Grain, cereal, forage, fodder and p.m., Monday through Friday, excluding mail and hand delivery of objections
straw, group 16 ....................... 0.10 legal holidays. The telephone number and hearing requests are provided in 40
Grain, cereal, group 15 .............. 0.01 for the Public Reading Room is (202) CFR 178.25(b).
Pea and bean, dried shelled, ex- 566–1744, and the telephone number for In addition to filing an objection or
cept soybean, subgroup 6C .... 0.01 hearing request with the Hearing Clerk
the OPP Docket is (703) 305–5805.
Peanut ........................................ 0.01 as described in 40 CFR part 178, please
Peanut, hay ................................ 0.08 Please review the visitor instructions
and additional information about the submit a copy of the filing (excluding
Potato ......................................... 0.02
Potato, wet peel .......................... 0.075 docket available at http://www.epa.gov/ any Confidential Business Information
Rapeseed, subgroup 20A ........... 0.01 dockets. (CBI)) for inclusion in the public docket.
Soybean, forage ......................... 0.05 FOR FURTHER INFORMATION CONTACT:
Information not marked confidential
Soybean, hay .............................. 0.04 Robert McNally, Biopesticides and pursuant to 40 CFR part 2 may be
Soybean, seed ............................ 0.01 Pollution Prevention Division (7511P), disclosed publicly by EPA without prior
Vegetable, foliage of legume, ex-
Office of Pesticide Programs, notice. Submit the non-CBI copy of your
cept soybean, subgroup 7A .... 0.01 objection or hearing request, identified
Environmental Protection Agency, 1200
by docket ID number EPA–HQ–OPP–
* * * * * Pennsylvania Ave. NW., Washington,
2016–0687, by one of the following
[FR Doc. 2017–26519 Filed 12–7–17; 8:45 am] DC 20460–0001; main telephone
methods:
BILLING CODE 6560–50–P
number: (703) 305–7090; email address: • Federal eRulemaking Portal: http://
BPPDFRNotices@epa.gov. www.regulations.gov. Follow the online
SUPPLEMENTARY INFORMATION: instructions for submitting comments.
ENVIRONMENTAL PROTECTION I. General Information Do not submit electronically any
AGENCY information you consider to be CBI or
A. Does this action apply to me? other information whose disclosure is
40 CFR Part 180 restricted by statute.
You may be potentially affected by
[EPA–HQ–OPP–2016–0687; FRL–9969–96] this action if you are an agricultural • Mail: OPP Docket, Environmental
producer, food manufacturer, or Protection Agency Docket Center (EPA/
Bacillus subtilis Strain BU1814; pesticide manufacturer. The following DC), (28221T), 1200 Pennsylvania Ave.,
Exemption From the Requirement of a list of North American Industrial NW., Washington, DC 20460–0001.
Tolerance Classification System (NAICS) codes is • Hand Delivery: To make special
not intended to be exhaustive, but rather arrangements for hand delivery or
AGENCY: Environmental Protection delivery of boxed information, please
Agency (EPA). provides a guide to help readers
determine whether this document follow the instructions at http://
ACTION: Final rule. www.epa.gov/dockets/contacts.html.
applies to them. Potentially affected
SUMMARY: This regulation establishes an entities may include: Additional instructions on commenting
exemption from the requirement of a • Crop production (NAICS code 111). or visiting the docket, along with more
tolerance for residues of Bacillus subtilis • Animal production (NAICS code information about dockets generally, is
strain BU1814 in or on all food 112). available at http://www.epa.gov/
commodities when used in accordance • Food manufacturing (NAICS code dockets.
with label directions and good 311). II. Background
agricultural practices. BASF • Pesticide manufacturing (NAICS
code 32532). In the Federal Register of February 7,
Corporation submitted a petition to EPA 2017 (82 FR 9555) (FRL–9956–86), EPA
under the Federal Food, Drug, and B. How can I get electronic access to issued a document pursuant to FFDCA
Cosmetic Act (FFDCA), requesting an other related information? section 408(d)(3), 21 U.S.C. 346a(d)(3),
exemption from the requirement of a announcing the filing of a pesticide
You may access a frequently updated
tolerance. This regulation eliminates the tolerance petition (PP 6F8490) by BASF
electronic version of 40 CFR part 180
need to establish a maximum Corporation, 26 Davis Dr., P.O. Box
through the Government Printing
permissible level for residues of Bacillus 13528, Research Triangle Park, NC
Office’s e-CFR site at http://www.
subtilis strain BU1814 under FFDCA. 27709. The petition requested that 40
ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/
DATES: This regulation is effective ecfrbrowse/Title40/40tab_02.tpl. CFR part 180 be amended by
December 8, 2017. Objections and establishing an exemption from the
requests for hearings must be received C. How can I file an objection or hearing requirement of a tolerance for residues
sradovich on DSK3GMQ082PROD with RULES
on or before February 6, 2018, and must request? of the fungicide Bacillus subtilis strain
be filed in accordance with the Under FFDCA section 408(g), 21 BU1814 in or on all food commodities.
instructions provided in 40 CFR part U.S.C. 346a(g), any person may file an That document referenced a summary of
178 (see also Unit I.C. of the objection to any aspect of this regulation the petition prepared by the petitioner
SUPPLEMENTARY INFORMATION). and may also request a hearing on those BASF Corporation, which is available in
ADDRESSES: The docket for this action, objections. You must file your objection the docket via http://
identified by docket identification (ID) or request a hearing on this regulation www.regulations.gov. There were no
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comments received in response to the children, from aggregate exposure to relationship between the national
notice of filing. residues of Bacillus subtilis strain government and the States or tribal
BU1814. Therefore, an exemption from governments, or on the distribution of
III. Final Rule
the requirement of a tolerance is power and responsibilities among the
A. EPA’s Safety Determination established for residues of Bacillus various levels of government or between
Section 408(c)(2)(A)(i) of FFDCA subtilis strain BU1814 in or on all food the Federal Government and Indian
allows EPA to establish an exemption commodities when used in accordance tribes. Thus, EPA has determined that
from the requirement for a tolerance (the with label directions and good Executive Order 13132, entitled
legal limit for a pesticide chemical agricultural practices. ‘‘Federalism’’ (64 FR 43255, August 10,
residue in or on a food) only if EPA B. Analytical Enforcement Methodology 1999), and Executive Order 13175,
determines that the exemption is ‘‘safe.’’ entitled ‘‘Consultation and Coordination
An analytical method is not required with Indian Tribal Governments’’ (65 FR
Section 408(c)(2)(A)(ii) of FFDCA because EPA is establishing an
defines ‘‘safe’’ to mean that ‘‘there is a 67249, November 9, 2000), do not apply
exemption from the requirement of a to this action. In addition, this action
reasonable certainty that no harm will tolerance without any numerical
result from aggregate exposure to the does not impose any enforceable duty or
limitation. contain any unfunded mandate as
pesticide chemical residue, including
all anticipated dietary exposures and all IV. Statutory and Executive Order described under Title II of the Unfunded
other exposures for which there is Reviews Mandates Reform Act (UMRA) (2 U.S.C.
reliable information.’’ This includes 1501 et seq.).
This action establishes a tolerance
exposure through drinking water and in exemption under FFDCA section 408(d) This action does not involve any
residential settings but does not include in response to a petition submitted to technical standards that would require
occupational exposure. Pursuant to EPA. The Office of Management and EPA’s consideration of voluntary
FFDCA section 408(c)(2)(B), in Budget (OMB) has exempted these types consensus standards pursuant to section
establishing or maintaining in effect an of actions from review under Executive 12(d) of the National Technology
exemption from the requirement of a Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act
tolerance, EPA must take into account Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note).
the factors set forth in FFDCA section October 4, 1993). Because this action V. Congressional Review Act
408(b)(2)(C), which require EPA to give has been exempted from review under
special consideration to exposure of Executive Order 12866, this action is Pursuant to the Congressional Review
infants and children to the pesticide not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will
chemical residue in establishing a entitled ‘‘Actions Concerning submit a report containing this rule and
tolerance or tolerance exemption and to Regulations That Significantly Affect other required information to the U.S.
‘‘ensure that there is a reasonable Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of
certainty that no harm will result to FR 28355, May 22, 2001), or Executive Representatives, and the Comptroller
infants and children from aggregate Order 13045, entitled ‘‘Protection of General of the United States prior to
exposure to the pesticide chemical Children from Environmental Health publication of the rule in the Federal
residue . . . .’’ Additionally, FFDCA Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major
section 408(b)(2)(D) requires that EPA April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2).
consider ‘‘available information contain any information collections
concerning the cumulative effects of [a subject to OMB approval under the List of Subjects in 40 CFR Part 180
particular pesticide’s] . . . residues and Paperwork Reduction Act (PRA), 44 Environmental protection,
other substances that have a common U.S.C. 3501 et seq., nor does it require Administrative practice and procedure,
mechanism of toxicity.’’ any special considerations under Agricultural commodities, Pesticides
EPA evaluated the available toxicity Executive Order 12898, entitled and pests, Reporting and recordkeeping
and exposure data on Bacillus subtilis ‘‘Federal Actions to Address requirements.
strain BU1814 and considered its Environmental Justice in Minority
validity, completeness, and reliability, Dated: November 27, 2017.
Populations and Low-Income
as well as the relationship of this Populations’’ (59 FR 7629, February 16, Richard P. Keigwin, Jr.,
information to human risk. A full 1994). Director, Office of Pesticide Programs.
explanation of the data upon which EPA Since tolerances and exemptions that
Therefore, 40 CFR chapter I is
relied and its risk assessment based on are established on the basis of a petition
amended as follows:
those data can be found within the under FFDCA section 408(d), such as
document entitled ‘‘Federal Food, Drug, the tolerance exemption in this action, PART 180—[AMENDED]
and Cosmetic Act (FFDCA) do not require the issuance of a
Considerations for Bacillus subtilis proposed rule, the requirements of the ■ 1. The authority citation for part 180
strain BU1814.’’ This document, as well Regulatory Flexibility Act (RFA) (5 continues to read as follows:
as other relevant information, is U.S.C. 601 et seq.) do not apply.
available in the docket for this action as This action directly regulates growers, Authority: 21 U.S.C. 321(q), 346a and 371.
described under ADDRESSES. The food processors, food handlers, and food ■ 2. Add § 180.1348 to subpart D to read
available data indicate that Bacillus retailers, not States or tribes. As a result, as follows:
subtilis strain BU1814 showed no this action does not alter the
sradovich on DSK3GMQ082PROD with RULES
toxicity, no pathogenicity, and no relationships or distribution of power § 180.1348 Bacillus subtilis strain BU1814;
infectivity via the acute oral, and responsibilities established by exemption from the requirement of a
tolerance.
pulmonary, and intravenous routes of Congress in the preemption provisions
exposure. Based upon its evaluation, of FFDCA section 408(n)(4). As such, An exemption from the requirement
EPA concludes that there is a reasonable EPA has determined that this action will of a tolerance is established for residues
certainty that no harm will result to the not have a substantial direct effect on of Bacillus subtilis strain BU1814 in or
U.S. population, including infants and States or tribal governments, on the on all food commodities when used in
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accordance with label directions and 6450; email address: winchester.erik@ technical person listed under FOR
good agricultural practices. epa.gov. FURTHER INFORMATION CONTACT.
[FR Doc. 2017–26518 Filed 12–7–17; 8:45 am] For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422 IV. Good Cause Finding
BILLING CODE 6560–50–P
South Clinton Ave., Rochester, NY EPA finds that there is ‘‘good cause’’
14620; telephone number: (202) 554– under the Administrative Procedure Act
ENVIRONMENTAL PROTECTION 1404; email address: TSCA-Hotline@ (5 U.S.C. 553(b)(3)(B)) to withdraw the
AGENCY epa.gov. direct final rule discussed in this
SUPPLEMENTARY INFORMATION:
document without prior notice and
40 CFR Part 770 comment. For this document, notice and
I. Does this action apply to me? comment is impracticable and
[EPA–HQ–OPPT–2017–0245; FRL–9971–38] A list of potentially affected entities is unnecessary because EPA is under a
provided in the Federal Register of time limit to publish this withdrawal. It
RIN 2070–AK36
October 25, 2017 (82 FR 49287). If you was determined that this document is
Voluntary Consensus Standards have questions regarding the not subject to the 30-day delay of
Update; Formaldehyde Emission applicability of this action to a effective date generally required by 5
Standards for Composite Wood particular entity, consult the technical U.S.C. 553(d) as there is good cause for
Products; Withdrawal of Direct Final person listed under FOR FURTHER the withdrawal to be effective
Rule INFORMATION CONTACT. immediately. This withdrawal must
become effective prior to the effective
AGENCY: Environmental Protection II. What rule is being withdrawn? date of the direct final rule being
Agency (EPA). In the October 25, 2017 Federal withdrawn, as EPA explained in the
ACTION: Direct final rule; withdrawal. Register, EPA published both a direct direct final rule itself.
final rule (see 82 FR 49287) and
SUMMARY: In the Federal Register of proposed rule (see 82 FR 49302) (FRL– V. Statutory and Executive Order
October 25, 2017, EPA published both a 9962–80) pursuant to section 601 of Reviews
direct final rule and proposed rule to TSCA that would have updated several This document withdraws regulatory
update the voluntary consensus of the voluntary consensus standards requirements that have not gone into
standards that originally published in incorporated by reference at § 770.99 as effect. As such, the Agency has
the Toxics Substances Control Act published on December 12, 2016 (see 81 determined that this withdrawal will
(TSCA) Title VI formaldehyde emission FR 89674) (FRL–9949–90). These not have any adverse impacts, economic
standards for composite wood products voluntary consensus standards have or otherwise. The statutory and
final rule on December 12, 2016. In been updated, withdrawn, or Executive Order review requirements
addition, in the direct final rule and superseded since publication of the applicable to the direct final rule being
proposed rule the EPA amended the original final rule in 2016. Additionally, withdrawn were discussed in the
testing requirements for panel producers the direct final rule would have October 25, 2017 (82 FR 49287) Federal
and third-party certifiers establishing amended testing requirements for Register document. Those review
correlation between approved quality demonstration of equivalence and requirements do not apply to this action
control test methods and either the correlation between approved quality because it is a withdrawal and does not
ASTM E1333–14 test chamber, or, upon control test methods and either the contain any new or amended
showing equivalence, the ASTM ASTM E1333–14 test chamber, or, upon requirements.
D6007–14 test chamber. As noted in the showing equivalence in accordance
with § 770.20(d), the ASTM D6007–14 VI. Congressional Review Act (CRA)
direct final rule, if EPA received adverse
comment on the proposed amendments, test chamber under § 770.20(d)(2)(i). Pursuant to the CRA (5 U.S.C. 801 et
the Agency would publish a timely Since the direct final rule and seq.), EPA will submit a report
withdrawal of the direct final rule in the proposed rule’s publication, EPA has containing this rule and other required
Federal Register informing the public received a comment on the proposed information to the U.S. Senate, the U.S.
that the direct final action will not take amendments to the voluntary consensus House of Representatives, and the
effect. The Agency did receive adverse standard updating action that the Comptroller General of the United
comment on the proposed rule Agency considers to be adverse. As a States prior to publication of the rule in
amendments, and is therefore result of receiving an adverse comment, the Federal Register. This action is not
withdrawing the direct final rule and EPA is withdrawing the direct final rule a ‘‘major rule’’ as defined by 5 U.S.C.
will instead proceed with a final rule published in the Federal Register on 804(2). Section 808 of the CRA allows
based on the proposed rule after October 25, 2017. All comments are the issuing agency to make a rule
considering all public comments. available for review in the public effective sooner than otherwise
DATES: Effective December 8, 2017, the
docket. EPA will address the public provided by CRA if the agency makes a
direct final rule published in the comments received on this action in a good cause finding that notice and
Federal Register of October 25, 2017 (82 subsequent final rule. public procedure is impracticable,
FR 49287) (FRL–9962–84), is unnecessary, or contrary to the public
III. How do I access the docket?
withdrawn. interest. As required by 5 U.S.C. 808(2),
To access the docket, please go to this determination is supported by a
FOR FURTHER INFORMATION CONTACT: For http://www.regulations.gov and follow brief statement in Unit IV.
sradovich on DSK3GMQ082PROD with RULES
technical information contact: Erik the online instructions using the docket
Winchester, National Program ID number EPA–HQ–OPPT–2017–0245. List of Subjects in 40 CFR Part 770
Chemicals Division, Office of Pollution Additional information about the Environmental protection,
Prevention and Toxics, Environmental Docket Facility is also provided under Formaldehyde, Incorporation by
Protection Agency, 1200 Pennsylvania ADDRESSES in the October 25, 2017 (82 reference, Reporting and recordkeeping
Ave., NW., Washington, DC 20460– FR 49287) Federal Register document. If requirements, Third-party certification,
0001; telephone number: (202) 564– you have questions, consult the Toxic substances, Wood.
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Document Created: 2017-12-08 01:43:18
Document Modified: 2017-12-08 01:43:18
| 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 December 8, 2017. Objections and requests for hearings must be received on or before February 6, 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 | Robert McNally, Biopesticides and Pollution Prevention Division (7511P), 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 57872 |
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