82 FR 60890 - 2-Propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl); Tolerance Exemption

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range		60890-60894
FR Document		2017-27805
This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2- propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl); when used as an inert ingredient in a pesticide chemical formulation. Spring Trading Company on behalf of Ashland Specialty Ingredients, submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1- ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w- methoxypoly(oxy-1,2-ethanediyl) on food or feed commodities.
Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60890-60894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27805]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0258; FRL-9970-94]


2-Propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-
ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-
methoxypoly(oxy-1,2-ethanediyl); Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 60891]]

SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of 2-propenoic acid, 2-methyl-, dodecyl 
ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-
propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl); when used as an inert 
ingredient in a pesticide chemical formulation. Spring Trading Company 
on behalf of Ashland Specialty Ingredients, submitted a petition to EPA 
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an 
exemption from the requirement of a tolerance. This regulation 
eliminates the need to establish a maximum permissible level for 
residues of 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-
ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-
methoxypoly(oxy-1,2-ethanediyl) on food or feed commodities.

DATES: This regulation is effective December 26, 2017. Objections and 
requests for hearings must be received on or before February 26, 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-2017-0258, 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-2017-0258 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 26, 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-2017-0258, 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-
11045) filed by Spring Trading Company on behalf of Ashland Specialty 
Ingredients, 203 Dogwood Trail Magnolia, Texas 77354. The petition 
requested that 40 CFR 180.960 be amended by establishing an exemption 
from the requirement of a tolerance for residues of 2-propenoic acid, 
2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-
(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl); 
193743-10-1. That document included a summary of the petition prepared 
by the petitioner and solicited comments on the petitioner's request. 
The Agency did not receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and use in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to 
give special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing an exemption from the 
requirement of a tolerance and to ``ensure that there is a reasonable 
certainty that no harm will result to infants and children from 
aggregate exposure to the pesticide chemical residue . . .'' and 
specifies factors EPA is to consider in establishing an exemption.

[[Page 60892]]

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). 2-Propenoic acid, 2-methyl-, dodecyl 
ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-
propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl) conforms to the 
definition of a polymer given in 40 CFR 723.250(b) and meets the 
following criteria that are used to identify low-risk polymers.
    1. The polymer is not a cationic polymer nor is it reasonably 
anticipated to become a cationic polymer in a natural aquatic 
environment.
    2. The polymer does contain as an integral part of its composition 
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymer does not contain as an integral part of its 
composition, except as impurities, any element other than those listed 
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably 
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or 
reactants that are already included on the TSCA Chemical Substance 
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number 
average molecular weight (MW) greater than or equal to 10,000 daltons.
    Additionally, the polymer also meets as required the following 
exemption criteria specified in 40 CFR 723.250(e).
    7. The polymer's number average MW of 20,600 is greater than or 
equal to 10,000 daltons. The polymer contains less than 2% oligomeric 
material below MW 500 and less than 5% oligomeric material below MW 
1,000.
    Thus, 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-
ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-
methoxypoly(oxy-1,2-ethanediyl) 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 2-propenoic acid, 2-methyl-, 
dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-
1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl).

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this 
exemption, EPA considered that 2-propenoic acid, 2-methyl-, dodecyl 
ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-
propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl) could be present in all 
raw and processed agricultural commodities and drinking water, and that 
non-occupational non-dietary exposure was possible. The number average 
MW of 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-
ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-
methoxypoly(oxy-1,2-ethanediyl) is 20,600 daltons. Generally, a polymer 
of this size would be poorly absorbed through the intact 
gastrointestinal tract or through intact human skin. Since 2-propenoic 
acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone 
and a-(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl) 
conform 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 2-propenoic acid, 2-methyl-, dodecyl ester, 
polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-
1-yl)-w-methoxypoly(oxy-1,2-ethanediyl) to share a common mechanism of 
toxicity with any other substances, and 2-propenoic acid, 2-methyl-, 
dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-
1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl) does not appear 
to produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 2-
propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-
pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-
1,2-ethanediyl) 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 website 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 2-propenoic acid, 2-
methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-
(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl), 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

[[Page 60893]]

reasonable certainty of no harm to the U.S. population, including 
infants and children, from aggregate exposure to residues of 2-
propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-
pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-
1,2-ethanediyl).

VIII. Other Considerations

A. Existing Exemptions From a Tolerance

    Not Available.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since 
the Agency is establishing an exemption from the requirement of a 
tolerance without any numerical limitation.

C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever possible, consistent 
with U.S. food safety standards and agricultural practices. EPA 
considers the international maximum residue limits (MRLs) established 
by the Codex Alimentarius Commission (Codex), as required by FFDCA 
section 408(b)(4). The Codex Alimentarius is a joint United Nations 
Food and Agriculture Organization/World Health Organization food 
standards program, and it is recognized as an international food safety 
standards-setting organization in trade agreements to which the United 
States is a party. EPA may establish a tolerance that is different from 
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain 
the reasons for departing from the Codex level.
    The Codex has not established a MRL for 2-propenoic acid, 2-methyl-
, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-
methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl).

IX. Conclusion

    Accordingly, EPA finds that exempting residues of 2-propenoic acid, 
2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-
(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl) 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: November 30, 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, add alphabetically the polymer ``2-propenoic acid, 
2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-
(2-methyl-1-oxo-2-propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl), 
minimum number average molecular weight (in amu), 20,600'' to the table 
to read as follows:


Sec.  180.960   Polymers; exemptions from the requirement of a 
tolerance.

* * * * *

------------------------------------------------------------------------
                         Polymer                              CAS No.
------------------------------------------------------------------------
 
                              * * * * * * *
2-propenoic acid, 2-methyl-, dodecyl ester, polymer with     193743-10-1
 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-
 propen-1-yl)-w-methoxypoly(oxy-1,2-ethanediyl), minimum
 number average molecular weight (in amu), 20,600.......

[[Page 60894]]

 
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2017-27805 Filed 12-22-17; 8:45 am]
BILLING CODE 6560-50-P
60890 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

IX. Legal Authority and Statutory pollution, Penalties, Reporting and Authority: 42 U.S.C. 7414, 7521, 7542,
Provisions recordkeeping requirements. 7545, and 7601(a).
Dated: December 15, 2017. ■ 2. Section 80.27 is amended in the
The statutory authority for this action
E. Scott Pruitt, table in paragraph (a)(2)(ii) by revising
is granted to EPA by sections 211(h) and
301(a) of the Clean Air Act, as amended; Administrator. the entries for ‘‘Louisiana’’ to read as
42 U.S.C. 7545(h) and 7601(a). For the reasons set out in the follows:
preamble, title 40, chapter I of the Code
List of Subjects in 40 CFR Part 80 of Federal Regulations is amended as § 80.27 Controls and prohibitions on
follows: gasoline volatility.
Environmental protection,
(a) * * *
Administrative practice and procedure, PART 80—REGULATION OF FUELS
Air pollution control, Fuel additives, AND FUEL ADDITIVES (2) * * *
Gasoline, Motor vehicle and motor (ii) * * *
vehicle engines, Motor vehicle ■ 1. The authority citation for part 80
continues to read as follows:

APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
State May June July August September

* * * * * * *
Louisiana:
Grant Parish 4 ................................................................ 9.0 9.0 9.0 ........................ 9.0
11 Other Louisiana Parishes 11 ..................................... 9.0 9.0 9.0 ........................ 9.0
All other volatility nonattainment areas ......................... 9.0 7.8 7.8 ........................ 7.8

* * * * * * *
1 Standardsare expressed in pounds per square inch (psi).
* * * * * * *
4 The
standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
* * * * * * *
11 The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St.
Charles, St. James, and St. Mary from June 1 until September 15 in 1992 through 2017 was 7.8 psi.

* * * * * published at 82 FR 45202, on September proposed rule, there will not be a
[FR Doc. 2017–27628 Filed 12–22–17; 8:45 am] 28, 2017. second comment period on this action.
BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: Sara List of Subjects in 40 CFR Part 82
Kemme by regular mail: U.S.
Environmental Protection Agency, Environmental protection, Air
ENVIRONMENTAL PROTECTION Stratospheric Protection Division pollution control, Chemicals, Reporting
AGENCY (6205T), 1200 Pennsylvania Avenue and recordkeeping requirements.
NW, Washington, DC 20460; by Dated: December 15, 2017.
40 CFR Part 82
telephone: (202) 566–0511; or by email: E. Scott Pruitt,
[EPA–HQ–OAR–2017–0213; FRL–9972–47– kemme.sara@epa.gov. Administrator.
OAR] SUPPLEMENTARY INFORMATION: The EPA ■ Accordingly, the amendments to 40
received adverse comment on the direct CFR 82.154 published on September 28,
RIN 2060–AT43
final rule ‘‘Protection of Stratospheric 2017 (82 FR 45202) are withdrawn as of
Protection of Stratospheric Ozone: Ozone: Refrigerant Management December 26, 2017.
Refrigerant Management Regulations Regulations for Small Cans of Motor
[FR Doc. 2017–27799 Filed 12–22–17; 8:45 am]
for Small Cans of Motor Vehicle Vehicle Refrigerant,’’ published on
BILLING CODE 6560–50–P
Refrigerant September 28, 2017 (82 FR 45202). The
direct final rule stated that if the Agency
AGENCY: Environmental Protection received adverse comment by October
Agency (EPA). ENVIRONMENTAL PROTECTION
30, 2017, the direct final rule would not
AGENCY
ACTION: Withdrawal of direct final rule. take effect and EPA would publish a
timely withdrawal in the Federal 40 CFR Part 180
SUMMARY: The Environmental Protection Register. Because we received adverse
Agency (EPA) received adverse comment on that direct final rule during [EPA–HQ–OPP–2017–0258; FRL–9970–94]
comment on the direct final rule titled that comment period we are
‘‘Protection of Stratospheric Ozone: withdrawing the direct final rule in this 2-Propenoic acid, 2-methyl-, dodecyl
Refrigerant Management Regulations for document. We will address relevant ester, polymer with 1-ethenyl-2-
Small Cans of Motor Vehicle comments in any subsequent final pyrrolidinone and a-(2-methyl-1-oxo-2-
ethrower on DSK3G9T082PROD with RULES

Refrigerant,’’ published on September action, which would be based on the propen-1-yl)-w-methoxypoly(oxy-1,2-
28, 2017. Therefore, through this parallel proposed rule also published on ethanediyl); Tolerance Exemption
document we are withdrawing that September 28, 2017 (82 FR 45253). The AGENCY: Environmental Protection
direct final rule. Agency intends to act expeditiously on Agency (EPA).
DATES: Effective December 26, 2017, the parallel proposed rule. As stated in
ACTION: Final rule.
EPA withdraws the direct final rule the direct final rule and the parallel

VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\26DER1.SGM 26DER1
Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations 60893

reasonable certainty of no harm to the X. Statutory and Executive Order 1999) and Executive Order 13175,
U.S. population, including infants and Reviews entitled ‘‘Consultation and Coordination
children, from aggregate exposure to This action establishes a tolerance with Indian Tribal Governments’’ (65 FR
residues of 2-propenoic acid, under FFDCA section 408(d) in 67249, November 9, 2000) do not apply
2-methyl-, dodecyl ester, polymer with response to a petition submitted to the to this action. In addition, this action
1-ethenyl-2-pyrrolidinone and a-(2- Agency. The Office of Management and does not impose any enforceable duty or
methyl-1-oxo-2-propen-1-yl)-w- Budget (OMB) has exempted these types contain any unfunded mandate as
methoxypoly(oxy-1,2-ethanediyl). of actions from review under Executive described under Title II of the Unfunded
Order 12866, entitled ‘‘Regulatory Mandates Reform Act (UMRA) (2 U.S.C.
VIII. Other Considerations
Planning and Review’’ (58 FR 51735, 1501 et seq.).
A. Existing Exemptions From a October 4, 1993). Because this action This action does not involve any
Tolerance has been exempted from review under technical standards that would require
Not Available. Executive Order 12866, this action is Agency consideration of voluntary
not subject to Executive Order 13211, consensus standards pursuant to section
B. Analytical Enforcement Methodology entitled ‘‘Actions Concerning 12(d) of the National Technology
An analytical method is not required Regulations That Significantly Affect Transfer and Advancement Act
for enforcement purposes since the Energy Supply, Distribution, or Use’’ (66 (NTTAA) (15 U.S.C. 272 note).
Agency is establishing an exemption FR 28355, May 22, 2001) or Executive XI. Congressional Review Act
from the requirement of a tolerance Order 13045, entitled ‘‘Protection of
without any numerical limitation. Children from Environmental Health Pursuant to the Congressional Review
Risks and Safety Risks’’ (62 FR 19885, Act (5 U.S.C. 801 et seq.), EPA will
C. International Residue Limits submit a report containing this rule and
April 23, 1997). This action does not
In making its tolerance decisions, EPA contain any information collections other required information to the U.S.
seeks to harmonize U.S. tolerances with subject to OMB approval under the Senate, the U.S. House of
international standards whenever Paperwork Reduction Act (PRA) (44 Representatives, and the Comptroller
possible, consistent with U.S. food U.S.C. 3501 et seq.), nor does it require General of the United States prior to
safety standards and agricultural any special considerations under publication of the rule in the Federal
practices. EPA considers the Executive Order 12898, entitled Register. This action is not a ‘‘major
international maximum residue limits ‘‘Federal Actions to Address rule’’ as defined by 5 U.S.C. 804(2).
(MRLs) established by the Codex Environmental Justice in Minority List of Subjects in 40 CFR Part 180
Alimentarius Commission (Codex), as Populations and Low-Income
required by FFDCA section 408(b)(4). Populations’’ (59 FR 7629, February 16, Environmental protection,
The Codex Alimentarius is a joint 1994). Administrative practice and procedure,
United Nations Food and Agriculture Since tolerances and exemptions that Agricultural commodities, Pesticides
Organization/World Health are established on the basis of a petition and pests, Reporting and recordkeeping
Organization food standards program, under FFDCA section 408(d), such as requirements.
and it is recognized as an international the tolerance in this final rule, do not Dated: November 30, 2017.
food safety standards-setting require the issuance of a proposed rule, Michael Goodis,
organization in trade agreements to the requirements of the Regulatory Director, Registration Division, Office of
which the United States is a party. EPA Flexibility Act (RFA) (5 U.S.C. 601 et Pesticide Programs.
may establish a tolerance that is seq.), do not apply.
different from a Codex MRL; however, This action directly regulates growers, Therefore, 40 CFR chapter I is
FFDCA section 408(b)(4) requires that food processors, food handlers, and food amended as follows:
EPA explain the reasons for departing retailers, not States or tribes, nor does
this action alter the relationships or PART 180—[AMENDED]
from the Codex level.
The Codex has not established a MRL distribution of power and
■ 1. The authority citation for part 180
for 2-propenoic acid, 2-methyl-, dodecyl responsibilities established by Congress
continues to read as follows:
ester, polymer with 1-ethenyl-2- in the preemption provisions of FFDCA
pyrrolidinone and a-(2-methyl-1-oxo-2- section 408(n)(4). As such, the Agency Authority: 21 U.S.C. 321(q), 346a and 371.
propen-1-yl)-w-methoxypoly(oxy-1,2- has determined that this action will not ■ 2. In § 180.960, add alphabetically the
ethanediyl). have a substantial direct effect on States polymer ‘‘2-propenoic acid, 2-methyl-,
or tribal governments, on the dodecyl ester, polymer with 1-ethenyl-
IX. Conclusion relationship between the national 2-pyrrolidinone and a-(2-methyl-1-oxo-
Accordingly, EPA finds that government and the States or tribal 2-propen-1-yl)-w-methoxypoly(oxy-1,2-
exempting residues of 2-propenoic acid, governments, or on the distribution of ethanediyl), minimum number average
2-methyl-, dodecyl ester, polymer with power and responsibilities among the molecular weight (in amu), 20,600’’ to
1-ethenyl-2-pyrrolidinone and a-(2- various levels of government or between the table to read as follows:
methyl-1-oxo-2-propen-1-yl)-w- the Federal Government and Indian
methoxypoly(oxy-1,2-ethanediyl) from tribes. Thus, the Agency has determined § 180.960 Polymers; exemptions from the
the requirement of a tolerance will be that Executive Order 13132, entitled requirement of a tolerance.
safe. ‘‘Federalism’’ (64 FR 43255, August 10, * * * * *
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Polymer CAS No.

* * * * * * *
2-propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2-pyrrolidinone and a-(2-methyl-1-oxo-2-propen-1-yl)-w-
methoxypoly(oxy-1,2-ethanediyl), minimum number average molecular weight (in amu), 20,600 ................................................. 193743–10–1

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60894 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

Polymer CAS No.

* * * * * * *

[FR Doc. 2017–27805 Filed 12–22–17; 8:45 am] number: (703) 308–8413; email: NAICS NAICS description
BILLING CODE 6560–50–P yohannes.lia@epa.gov. code
SUPPLEMENTARY INFORMATION:
334 ...... Computer and Electronic Product
ENVIRONMENTAL PROTECTION I. General Information Manufacturing.
335 ...... Electrical Equipment, Appliance,
AGENCY A. What is the Agency’s authority for and Component Manufacturing.
taking this action? 336 ...... Transportation Equipment Manufac-
40 CFR Parts 260, 261, and 262
turing.
EPA’s authority to promulgate this 339 ...... Miscellaneous Manufacturing.
[EPA–HQ–OLEM–2016–0492; FRL–9971– rule is found in sections 1002, 2002(a), 423 ...... Merchant Wholesalers, Durable
49–OLEM] 3001–3004, and 3017 of the Solid Waste Goods.
RIN 2050–AG90
Disposal Act, as amended by the 424 ...... Merchant Wholesalers, Nondurable
Resource Conservation and Recovery Goods.
Act (RCRA), and as amended by the 522 ...... Credit Intermediation and Related
Confidentiality Determinations for
Hazardous and Solid Waste Activities.
Hazardous Waste Export and Import 525 ...... Funds, Trusts, and Other Financial
Documents Amendments, 42 U.S.C. 6901 et seq.,
Vehicles.
6912, 6921–6924, and 6938. 531 ...... Real Estate.
AGENCY: Environmental Protection 541 ...... Professional, Scientific, and Tech-
Agency (EPA). B. Does this action apply to me?
nical Services.
ACTION: Final rule. The application of confidentiality 561 ...... Administrative and Support Serv-
determinations to RCRA export, import, ices.
SUMMARY: The Environmental Protection and transit documents in this action 562 ...... Waste Management and Remedi-
Agency (EPA or the Agency) is generally affects three (3) groups: (1) All ation Services.
amending existing regulations regarding persons who export or import (or 721 ...... Accommodation.
the export and import of hazardous 813 ...... Religious, Grantmaking, Civic, Pro-
arrange for the export or import of) of fessional, and Similar Organiza-
wastes from and into the United States. hazardous waste for recycling or tions.
Specifically, this rule applies a disposal, including those hazardous 211 ...... Oil and Gas Extraction.
confidentiality determination such that wastes subject to the alternate 324 ...... Petroleum and Coal Products Man-
no person can assert confidential management standards for (a) universal ufacturing.
business information (CBI) claims for waste for recycling or disposal, (b) spent
documents related to the export, import, lead-acid batteries (SLABs) being This table is not intended to be
and transit of hazardous waste and shipped for reclamation, (c) industrial exhaustive, but rather provides a guide
export of excluded cathode ray tubes ethyl alcohol being shipped for for readers regarding entities likely to be
(CRTs). EPA is making these changes to reclamation, (d) hazardous waste regulated by this action. This table lists
apply a consistent approach in samples of more than 25 kilograms the types of entities that EPA is now
addressing confidentiality claims for being shipped for waste characterization aware could potentially be regulated by
export and import documentation. The or treatability studies, and (e) hazardous this action. Other types of entities not
rule will result in cost-savings and recyclable materials being shipped for listed in the table could also be
greater efficiency for EPA and the precious metal recovery; (2) all regulated. If you have questions
regulated community as well as recycling and disposal facilities who regarding the applicability of this rule to
facilitate transparency with respect to receive imports of such hazardous a particular entity, consult the person
the documents that are within the scope wastes for recycling or disposal; and (3) listed in the FOR FURTHER INFORMATION
of this rulemaking. However, EPA is not all persons who export (or arrange for CONTACT section.
finalizing the proposed internet posting the export of) conditionally excluded II. Background
requirement in the proposed rule. cathode ray tubes (CRTs) being shipped
On November 28, 2016, EPA proposed
DATES: The final rule is effective on June for recycling.
revisions to the current RCRA
26, 2018. Potentially affected entities may regulations governing imports and
ADDRESSES: EPA has established a include, but are not limited to: exports of hazardous waste and certain
docket for this action under Docket ID other materials in parts 260, 262, 264,
No. EPA–HQ–OLEM–2016–0492. All NAICS NAICS description 265, and 267 in order to strengthen
code
documents in the docket are listed at public accessibility and transparency of
https://www.regulations.gov. Docket 211 ...... Oil and Gas Extraction. import and export-related
materials are also available in hard copy 324 ...... Petroleum and Coal Products Man- documentation to better monitor proper
at the EPA Docket Center Reading ufacturing. compliance with EPA’s hazardous waste
Room. Please see https://www.epa.gov/ 325 ...... Chemical Manufacturing. regulations and help ensure that
dockets/epa-docket-center-reading-room 326 ...... Plastics and Rubber Products Man- hazardous waste shipments are properly
ethrower on DSK3G9T082PROD with RULES

or call (202) 566–1744 for more ufacturing.
received and disposed (81 FR 85459).
information on the Docket Center 327 ...... Nonmetallic Mineral Product Manu-
facturing. The internet Posting of and
Reading Room. Confidentiality Determinations for
331 ...... Primary Metal Manufacturing.
FOR FURTHER INFORMATION CONTACT: Lia 332 ...... Fabricated Metal Product Manufac- Hazardous Waste Export and Import
Yohannes, Office of Resource turing. Documents Proposed Rule was a
Conservation and Recovery; telephone 333 ...... Machinery Manufacturing. companion action to EPA’s Hazardous

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Document Created: 2017-12-23 03:07:24
Document Modified: 2017-12-23 03:07:24
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 26, 2017. Objections and requests for hearings must be received on or before February 26, 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 60890
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements