83_FR_46014 83 FR 45838 - 2-Propenoic Acid, 2-methyl-, 2-oxiranylmethyl ester, polymer With butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate; Tolerance Exemption

83 FR 45838 - 2-Propenoic Acid, 2-methyl-, 2-oxiranylmethyl ester, polymer With butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate; Tolerance Exemption

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45838-45841
FR Document2018-19758

This regulation establishes an exemption from the requirement of a tolerance for residues of 2-propenoic acid, 2-methyl-, 2- oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate; when used as an inert ingredient in a pesticide chemical formulation. Spring Trading Company on behalf of 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 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate on food or feed commodities.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45838-45841]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19758]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2018-0263; FRL-9982-72]


2-Propenoic Acid, 2-methyl-, 2-oxiranylmethyl ester, polymer With 
butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate; 
Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement 
of a tolerance for residues of 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene 
and 2-ethylhexyl 2-propenoate; when used as an inert ingredient in a 
pesticide chemical formulation. Spring Trading Company on behalf of 
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 2-propenoic acid, 
2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, 
ethenylbenzene and 2-ethylhexyl 2-propenoate on food or feed 
commodities.

DATES: This regulation is effective September 11, 2018. Objections and 
requests for hearings must be received on or before November 13, 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-2018-0263, 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, Director, 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-2018-0263 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 
November 13, 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

[[Page 45839]]

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-2018-0263, 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 June 14, 2018 (83 FR 27743) (FRL-9978-
41), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 
346a(d)(3), announcing the receipt of a pesticide petition (PP IN-
11151) filed by Spring Trading Company on behalf of BASF Corporation, 
100 Park Avenue, Florham Park, New Jersey 07932. 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-, 
2-oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene 
and 2-ethylhexyl 2-propenoate; CAS Reg. No. 58499-26-6. That document 
included a summary of the petition prepared by the petitioner and 
solicited comments on the petitioner's request. The Agency did not 
receive any comments.
    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an 
exemption from the requirement for a tolerance (the legal limit for a 
pesticide chemical residue in or on a food) only if EPA determines that 
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines 
``safe'' to mean that ``there is a reasonable certainty that no harm 
will result from aggregate exposure to the pesticide chemical residue, 
including all anticipated dietary exposures and all other exposures for 
which there is reliable information.'' This includes exposure through 
drinking water and use in residential settings, but does not include 
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to 
give special consideration to exposure of infants and children to the 
pesticide chemical residue in establishing an exemption from the 
requirement of a tolerance and to ``ensure that there is a reasonable 
certainty that no harm will result to infants and children from 
aggregate exposure to the pesticide chemical residue . . .'' and 
specifies factors EPA is to consider in establishing an exemption.

III. Risk Assessment and Statutory Findings

    EPA establishes exemptions from the requirement of a tolerance only 
in those cases where it can be shown that the risks from aggregate 
exposure to pesticide chemical residues under reasonably foreseeable 
circumstances will pose no appreciable risks to human health. In order 
to determine the risks from aggregate exposure to pesticide inert 
ingredients, the Agency considers the toxicity of the inert in 
conjunction with possible exposure to residues of the inert ingredient 
through food, drinking water, and through other exposures that occur as 
a result of pesticide use in residential settings. If EPA is able to 
determine that a finite tolerance is not necessary to ensure that there 
is a reasonable certainty that no harm will result from aggregate 
exposure to the inert ingredient, an exemption from the requirement of 
a tolerance may be established.
    Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the 
available scientific data and other relevant information in support of 
this action and considered its validity, completeness and reliability 
and the relationship of this information to human risk. EPA has also 
considered available information concerning the variability of the 
sensitivities of major identifiable subgroups of consumers, including 
infants and children. In the case of certain chemical substances that 
are defined as polymers, the Agency has established a set of criteria 
to identify categories of polymers expected to present minimal or no 
risk. The definition of a polymer is given in 40 CFR 723.250(b) and the 
exclusion criteria for identifying these low-risk polymers are 
described in 40 CFR 723.250(d). 2-Propenoic acid, 2- methyl-, 2-
oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene 
and 2-ethylhexyl 2-propenoate 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 
at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen, 
silicon, and sulfur.
    3. The polymer does not contain as an integral part of its 
composition, except as impurities, any element other than those listed 
in 40 CFR 723.250(d)(2)(ii).
    4. The polymer is neither designed nor can it be reasonably 
anticipated to substantially degrade, decompose, or depolymerize.
    5. The polymer is manufactured or imported from monomers and/or 
reactants that are already included on the TSCA Chemical Substance 
Inventory or manufactured under an applicable TSCA section 5 exemption.
    6. The polymer is not a water absorbing polymer with a number 
average molecular weight (MW) greater than or equal to 10,000 daltons.
    7. The polymer does not contain certain perfluoroalkyl moieties 
consisting of a CF3- or longer chain length as listed in 40 
CFR 723.250(d)(6).
    Additionally, the polymer also meets as required the following 
exemption criteria specified in 40 CFR 723.250(e).
    8. The polymer's number average MW of 3,600 is greater than 1,000 
and less than 10,000 daltons. The polymer contains less than 10% 
oligomeric material below MW 500 and less than 25% oligomeric material 
below MW 1,000, and the polymer does not contain any reactive 
functional groups.
    Thus, 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer 
with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate 
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-, 2-oxiranylmethyl ester, 
polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-
propenoate.

IV. Aggregate Exposures

    For the purposes of assessing potential exposure under this 
exemption, EPA considered that 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene 
and 2-ethylhexyl 2-propenoate 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-, 2-oxiranylmethyl ester,

[[Page 45840]]

polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-
propenoate is 3,600 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-, 2-oxiranylmethyl 
ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 
2-propenoate 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-, 2-oxiranylmethyl 
ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 
2-propenoate to share a common mechanism of toxicity with any other 
substances, and 2-propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, 
polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-
propenoate 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-, 2-oxiranylmethyl 
ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 
2-propenoate 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-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, 
ethenylbenzene and 2-ethylhexyl 2-propenoate, EPA has not used a safety 
factor analysis to assess the risk. For the same reasons the additional 
tenfold safety factor is unnecessary.

VII. Determination of Safety

    Based on the conformance to the criteria used to identify a low-
risk polymer, EPA concludes that there is a reasonable certainty of no 
harm to the U.S. population, including infants and children, from 
aggregate exposure to residues of 2-propenoic acid, 2-methyl-, 2-
oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene 
and 2-ethylhexyl 2-propenoate.

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 2-propenoic acid, 2-methyl-
, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, 
ethenylbenzene and 2-ethylhexyl 2-propenoate.

IX. Conclusion

    Accordingly, EPA finds that exempting residues of 2-propenoic acid, 
2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, 
ethenylbenzene and 2-ethylhexyl 2-propenoate 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

[[Page 45841]]

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: August 28, 2018.
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 following polymer ``2-
Propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 
2-propenoate, ethenylbenzene and 2-ethylhexyl 2-propenoate, minimum 
number average molecular weight (in amu), 3,600'' to the table to read 
as follows:


Sec.  [emsp14]180.960  Polymers; exemptions from the requirement of a 
tolerance.

* * * * *

------------------------------------------------------------------------
                        Polymer                              CAS No.
------------------------------------------------------------------------
 
                              * * * * * * *
2-Propenoic acid, 2-methyl-, 2-oxiranylmethyl ester,         58499-26-6
 polymer with butyl 2-propenoate, ethenylbenzene and 2-
 ethylhexyl 2-propenoate, minimum number average
 molecular weight (in amu), 3,600......................
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2018-19758 Filed 9-10-18; 8:45 am]
 BILLING CODE 6560-50-P



                                             45838             Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations

                                             PART 81—DESIGNATION OF AREAS                                  Authority: 42 U.S.C. 7401 et seq.                   revising the entry for ‘‘Hillsborough
                                             FOR AIR QUALITY PLANNING                                  ■  4. In § 81.310, the table entitled                   County (part)’’ to read as follows:
                                             PURPOSES                                                  ‘‘Florida—2008 Lead NAAQS’’ is                          § 81.310     Florida.
                                             ■ 3. The authority citation for part 81                   amended under ‘‘Tampa, FL’’ by
                                                                                                                                                               *        *     *        *       *
                                             continues to read as follows:

                                                                                                               FLORIDA—2008 LEAD NAAQS
                                                                                                                                                                                      Designation for the 2008
                                                                                                                                                                                             NAAQS a
                                                                                                     Designated area
                                                                                                                                                                                           Date 1          Type

                                             Tampa, FL:
                                                Hillsborough County (part).
                                                     Area is located within a 1.5 km radius centered at UTM coordinates 364104 meters E, 3093830 meters                               9/11/2018     Attainment.
                                                       N, Zone 17, which surrounds the EnviroFocus Technologies facility.

                                                        *                        *                         *                      *                       *                       *                    *
                                                 a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                 1 December     31, 2011 unless otherwise noted.


                                             [FR Doc. 2018–19596 Filed 9–10–18; 8:45 am]               must be filed in accordance with the                    applies to them. Potentially affected
                                             BILLING CODE 6560–50–P                                    instructions provided in 40 CFR part                    entities may include:
                                                                                                       178 (see also Unit I.C. of the                            • Crop production (NAICS code 111).
                                                                                                       SUPPLEMENTARY INFORMATION).                               • Animal production (NAICS code
                                             ENVIRONMENTAL PROTECTION                                  ADDRESSES: The docket for this action,                  112).
                                             AGENCY                                                                                                              • Food manufacturing (NAICS code
                                                                                                       identified by docket identification (ID)
                                                                                                                                                               311).
                                                                                                       number EPA–HQ–OPP–2018–0263, is
                                             40 CFR Part 180                                                                                                     • Pesticide manufacturing (NAICS
                                                                                                       available at http://www.regulations.gov                 code 32532).
                                             [EPA–HQ–OPP–2018–0263; FRL–9982–72]                       or at the Office of Pesticide Programs
                                                                                                       Regulatory Public Docket (OPP Docket)                   B. How can I get electronic access to
                                             2-Propenoic Acid, 2-methyl-, 2-                           in the Environmental Protection Agency                  other related information?
                                             oxiranylmethyl ester, polymer With                        Docket Center (EPA/DC), West William                      You may access a frequently updated
                                             butyl 2-propenoate, ethenylbenzene                        Jefferson Clinton Bldg., Rm. 3334, 1301                 electronic version of 40 CFR part 180
                                             and 2-ethylhexyl 2-propenoate;                            Constitution Ave. NW, Washington, DC                    through the Government Printing
                                             Tolerance Exemption                                       20460–0001. The Public Reading Room                     Office’s e-CFR site at http://
                                             AGENCY:  Environmental Protection                         is open from 8:30 a.m. to 4:30 p.m.,                    www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&
                                             Agency (EPA).                                             Monday through Friday, excluding legal                  tpl=/ecfrbrowse/Title40/40tab_02.tpl.
                                                                                                       holidays. The telephone number for the
                                             ACTION: Final rule.                                       Public Reading Room is (202) 566–1744,                  C. Can I file an objection or hearing
                                                                                                       and the telephone number for the OPP                    request?
                                             SUMMARY:   This regulation establishes an
                                             exemption from the requirement of a                       Docket is (703) 305–5805. Please review                   Under FFDCA section 408(g), 21
                                             tolerance for residues of 2-propenoic                     the visitor instructions and additional                 U.S.C. 346a, any person may file an
                                             acid, 2-methyl-, 2-oxiranylmethyl ester,                  information about the docket available                  objection to any aspect of this regulation
                                             polymer with butyl 2-propenoate,                          at http://www.epa.gov/dockets.                          and may also request a hearing on those
                                             ethenylbenzene and 2-ethylhexyl 2-                        FOR FURTHER INFORMATION CONTACT:                        objections. You must file your objection
                                             propenoate; when used as an inert                         Michael Goodis, Director, Registration                  or request a hearing on this regulation
                                                                                                       Division (7505P), Office of Pesticide                   in accordance with the instructions
                                             ingredient in a pesticide chemical
                                                                                                       Programs, Environmental Protection                      provided in 40 CFR part 178. To ensure
                                             formulation. Spring Trading Company
                                                                                                       Agency, 1200 Pennsylvania Ave. NW,                      proper receipt by EPA, you must
                                             on behalf of BASF Corporation
                                                                                                       Washington, DC 20460–0001; main                         identify docket ID number EPA–HQ–
                                             submitted a petition to EPA under the
                                                                                                       telephone number: (703) 305–7090;                       OPP–2018–0263 in the subject line on
                                             Federal Food, Drug, and Cosmetic Act
                                                                                                       email address: RDFRNotices@epa.gov.                     the first page of your submission. All
                                             (FFDCA), requesting an exemption from
                                                                                                                                                               objections and requests for a hearing
                                             the requirement of a tolerance. This                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                               must be in writing, and must be
                                             regulation eliminates the need to
                                                                                                       I. General Information                                  received by the Hearing Clerk on or
                                             establish a maximum permissible level
                                                                                                                                                               before November 13, 2018. Addresses
                                             for residues of 2-propenoic acid, 2-                      A. Does this action apply to me?
                                                                                                                                                               for mail and hand delivery of objections
                                             methyl-, 2-oxiranylmethyl ester,                             You may be potentially affected by                   and hearing requests are provided in 40
                                             polymer with butyl 2-propenoate,                          this action if you are an agricultural                  CFR 178.25(b).
                                             ethenylbenzene and 2-ethylhexyl 2-                        producer, food manufacturer, or                           In addition to filing an objection or
daltland on DSKBBV9HB2PROD with RULES




                                             propenoate on food or feed                                pesticide manufacturer. The following                   hearing request with the Hearing Clerk
                                             commodities.                                              list of North American Industrial                       as described in 40 CFR part 178, please
                                             DATES: This regulation is effective                       Classification System (NAICS) codes is                  submit a copy of the filing (excluding
                                             September 11, 2018. Objections and                        not intended to be exhaustive, but rather               any Confidential Business Information
                                             requests for hearings must be received                    provides a guide to help readers                        (CBI)) for inclusion in the public docket.
                                             on or before November 13, 2018, and                       determine whether this document                         Information not marked confidential


                                        VerDate Sep<11>2014     16:11 Sep 10, 2018   Jkt 244001   PO 00000     Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\11SER1.SGM   11SER1


                                                              Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations                                      45839

                                             pursuant to 40 CFR part 2 may be                        408(b)(2)(C) of FFDCA requires EPA to                 to become a cationic polymer in a
                                             disclosed publicly by EPA without prior                 give special consideration to exposure                natural aquatic environment.
                                             notice. Submit the non-CBI copy of your                 of infants and children to the pesticide                2. The polymer does contain as an
                                             objection or hearing request, identified                chemical residue in establishing an                   integral part of its composition at least
                                             by docket ID number EPA–HQ–OPP–                         exemption from the requirement of a                   two of the atomic elements carbon,
                                             2018–0263, by one of the following                      tolerance and to ‘‘ensure that there is a             hydrogen, nitrogen, oxygen, silicon, and
                                             methods.                                                reasonable certainty that no harm will                sulfur.
                                               • Federal eRulemaking Portal: http://                 result to infants and children from                     3. The polymer does not contain as an
                                             www.regulations.gov. Follow the online                  aggregate exposure to the pesticide                   integral part of its composition, except
                                             instructions for submitting comments.                   chemical residue . . .’’ and specifies                as impurities, any element other than
                                             Do not submit electronically any                        factors EPA is to consider in                         those listed in 40 CFR 723.250(d)(2)(ii).
                                             information you consider to be CBI or                   establishing an exemption.                              4. The polymer is neither designed
                                             other information whose disclosure is                                                                         nor can it be reasonably anticipated to
                                             restricted by statute.                                  III. Risk Assessment and Statutory                    substantially degrade, decompose, or
                                               • Mail: OPP Docket, Environmental                     Findings                                              depolymerize.
                                             Protection Agency Docket Center (EPA/                      EPA establishes exemptions from the                  5. The polymer is manufactured or
                                             DC), (28221T), 1200 Pennsylvania Ave.                   requirement of a tolerance only in those              imported from monomers and/or
                                             NW, Washington, DC 20460–0001.                          cases where it can be shown that the                  reactants that are already included on
                                               • Hand Delivery: To make special                      risks from aggregate exposure to                      the TSCA Chemical Substance
                                             arrangements for hand delivery or                       pesticide chemical residues under                     Inventory or manufactured under an
                                             delivery of boxed information, please                   reasonably foreseeable circumstances                  applicable TSCA section 5 exemption.
                                             follow the instructions at http://                      will pose no appreciable risks to human                 6. The polymer is not a water
                                             www.epa.gov/dockets/contacts.html.                      health. In order to determine the risks               absorbing polymer with a number
                                               Additional instructions on                            from aggregate exposure to pesticide                  average molecular weight (MW) greater
                                             commenting or visiting the docket,                      inert ingredients, the Agency considers               than or equal to 10,000 daltons.
                                             along with more information about                       the toxicity of the inert in conjunction                7. The polymer does not contain
                                             dockets generally, is available at http://              with possible exposure to residues of                 certain perfluoroalkyl moieties
                                             www.epa.gov/dockets.                                    the inert ingredient through food,                    consisting of a CF3- or longer chain
                                             II. Background and Statutory Findings                   drinking water, and through other                     length as listed in 40 CFR 723.250(d)(6).
                                                                                                     exposures that occur as a result of                     Additionally, the polymer also meets
                                                In the Federal Register of June 14,                  pesticide use in residential settings. If             as required the following exemption
                                             2018 (83 FR 27743) (FRL–9978–41),                       EPA is able to determine that a finite                criteria specified in 40 CFR 723.250(e).
                                             EPA issued a document pursuant to                       tolerance is not necessary to ensure that               8. The polymer’s number average MW
                                             FFDCA section 408, 21 U.S.C.                            there is a reasonable certainty that no               of 3,600 is greater than 1,000 and less
                                             346a(d)(3), announcing the receipt of a                 harm will result from aggregate                       than 10,000 daltons. The polymer
                                             pesticide petition (PP IN–11151) filed                  exposure to the inert ingredient, an                  contains less than 10% oligomeric
                                             by Spring Trading Company on behalf                     exemption from the requirement of a                   material below MW 500 and less than
                                             of BASF Corporation, 100 Park Avenue,                   tolerance may be established.                         25% oligomeric material below MW
                                             Florham Park, New Jersey 07932. The                        Consistent with FFDCA section                      1,000, and the polymer does not contain
                                             petition requested that 40 CFR 180.960                  408(b)(2)(D), EPA has reviewed the                    any reactive functional groups.
                                             be amended by establishing an                           available scientific data and other                     Thus, 2-propenoic acid, 2-methyl-, 2-
                                             exemption from the requirement of a                     relevant information in support of this               oxiranylmethyl ester, polymer with
                                             tolerance for residues of 2-propenoic                   action and considered its validity,                   butyl 2-propenoate, ethenylbenzene and
                                             acid, 2-methyl-, 2-oxiranylmethyl ester,                completeness and reliability and the                  2-ethylhexyl 2-propenoate meets the
                                             polymer with butyl 2-propenoate,                        relationship of this information to                   criteria for a polymer to be considered
                                             ethenylbenzene and 2-ethylhexyl 2-                      human risk. EPA has also considered                   low risk under 40 CFR 723.250. Based
                                             propenoate; CAS Reg. No. 58499–26–6.                    available information concerning the                  on its conformance to the criteria in this
                                             That document included a summary of                     variability of the sensitivities of major             unit, no mammalian toxicity is
                                             the petition prepared by the petitioner                 identifiable subgroups of consumers,                  anticipated from dietary, inhalation, or
                                             and solicited comments on the                           including infants and children. In the                dermal exposure to 2-propenoic acid, 2-
                                             petitioner’s request. The Agency did not                case of certain chemical substances that              methyl-, 2-oxiranylmethyl ester,
                                             receive any comments.                                   are defined as polymers, the Agency has               polymer with butyl 2-propenoate,
                                                Section 408(c)(2)(A)(i) of FFDCA                     established a set of criteria to identify             ethenylbenzene and 2-ethylhexyl 2-
                                             allows EPA to establish an exemption                    categories of polymers expected to                    propenoate.
                                             from the requirement for a tolerance (the               present minimal or no risk. The
                                             legal limit for a pesticide chemical                    definition of a polymer is given in 40                IV. Aggregate Exposures
                                             residue in or on a food) only if EPA                    CFR 723.250(b) and the exclusion                        For the purposes of assessing
                                             determines that the exemption is ‘‘safe.’’              criteria for identifying these low-risk               potential exposure under this
                                             Section 408(c)(2)(A)(ii) of FFDCA                       polymers are described in 40 CFR                      exemption, EPA considered that 2-
                                             defines ‘‘safe’’ to mean that ‘‘there is a              723.250(d). 2-Propenoic acid, 2-                      propenoic acid, 2-methyl-, 2-
                                             reasonable certainty that no harm will                  methyl-, 2-oxiranylmethyl ester,                      oxiranylmethyl ester, polymer with
                                             result from aggregate exposure to the                   polymer with butyl 2-propenoate,                      butyl 2-propenoate, ethenylbenzene and
                                             pesticide chemical residue, including                                                                         2-ethylhexyl 2-propenoate could be
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                                                                                                     ethenylbenzene and 2-ethylhexyl 2-
                                             all anticipated dietary exposures and all               propenoate conforms to the definition of              present in all raw and processed
                                             other exposures for which there is                      a polymer given in 40 CFR 723.250(b)                  agricultural commodities and drinking
                                             reliable information.’’ This includes                   and meets the following criteria that are             water, and that non-occupational non-
                                             exposure through drinking water and                     used to identify low-risk polymers.                   dietary exposure was possible. The
                                             use in residential settings, but does not                  1. The polymer is not a cationic                   number average MW of 2-propenoic
                                             include occupational exposure. Section                  polymer nor is it reasonably anticipated              acid, 2-methyl-, 2-oxiranylmethyl ester,


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                                             45840            Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations

                                             polymer with butyl 2-propenoate,                        toxicity of 2-propenoic acid, 2-methyl-,              X. Statutory and Executive Order
                                             ethenylbenzene and 2-ethylhexyl 2-                      2-oxiranylmethyl ester, polymer with                  Reviews
                                             propenoate is 3,600 daltons. Generally,                 butyl 2-propenoate, ethenylbenzene and                   This action establishes a tolerance
                                             a polymer of this size would be poorly                  2-ethylhexyl 2-propenoate, EPA has not                under FFDCA section 408(d) in
                                             absorbed through the intact                             used a safety factor analysis to assess               response to a petition submitted to the
                                             gastrointestinal tract or through intact                the risk. For the same reasons the                    Agency. The Office of Management and
                                             human skin. Since 2-propenoic acid, 2-                  additional tenfold safety factor is                   Budget (OMB) has exempted these types
                                             methyl-, 2-oxiranylmethyl ester,                        unnecessary.                                          of actions from review under Executive
                                             polymer with butyl 2-propenoate,                                                                              Order 12866, entitled ‘‘Regulatory
                                             ethenylbenzene and 2-ethylhexyl 2-                      VII. Determination of Safety
                                                                                                                                                           Planning and Review’’ (58 FR 51735,
                                             propenoate conform to the criteria that                    Based on the conformance to the                    October 4, 1993). Because this action
                                             identify a low-risk polymer, there are no               criteria used to identify a low-risk                  has been exempted from review under
                                             concerns for risks associated with any                  polymer, EPA concludes that there is a                Executive Order 12866, this action is
                                             potential exposure scenarios that are                   reasonable certainty of no harm to the                not subject to Executive Order 13211,
                                             reasonably foreseeable. The Agency has                  U.S. population, including infants and                entitled ‘‘Actions Concerning
                                             determined that a tolerance is not                      children, from aggregate exposure to                  Regulations That Significantly Affect
                                             necessary to protect the public health.                 residues of 2-propenoic acid, 2-methyl-               Energy Supply, Distribution, or Use’’ (66
                                             V. Cumulative Effects From Substances                   , 2-oxiranylmethyl ester, polymer with                FR 28355, May 22, 2001) or Executive
                                             With a Common Mechanism of Toxicity                     butyl 2-propenoate, ethenylbenzene and                Order 13045, entitled ‘‘Protection of
                                                                                                     2-ethylhexyl 2-propenoate.                            Children from Environmental Health
                                                Section 408(b)(2)(D)(v) of FFDCA
                                             requires that, when considering whether                 VIII. Other Considerations                            Risks and Safety Risks’’ (62 FR 19885,
                                             to establish, modify, or revoke a                                                                             April 23, 1997). This action does not
                                                                                                     A. Analytical Enforcement Methodology                 contain any information collections
                                             tolerance, the Agency consider
                                             ‘‘available information’’ concerning the                  An analytical method is not required                subject to OMB approval under the
                                             cumulative effects of a particular                      for enforcement purposes since the                    Paperwork Reduction Act (PRA) (44
                                             pesticide’s residues and ‘‘other                        Agency is establishing an exemption                   U.S.C. 3501 et seq.), nor does it require
                                             substances that have a common                           from the requirement of a tolerance                   any special considerations under
                                             mechanism of toxicity.’’                                without any numerical limitation.                     Executive Order 12898, entitled
                                                EPA has not found 2-propenoic acid,                                                                        ‘‘Federal Actions to Address
                                             2-methyl-, 2-oxiranylmethyl ester,                      B. International Residue Limits                       Environmental Justice in Minority
                                             polymer with butyl 2-propenoate,                                                                              Populations and Low-Income
                                                                                                       In making its tolerance decisions, EPA
                                             ethenylbenzene and 2-ethylhexyl 2-                                                                            Populations’’ (59 FR 7629, February 16,
                                                                                                     seeks to harmonize U.S. tolerances with
                                             propenoate to share a common                                                                                  1994).
                                                                                                     international standards whenever                         Since tolerances and exemptions that
                                             mechanism of toxicity with any other                    possible, consistent with U.S. food
                                             substances, and 2-propenoic acid, 2-                                                                          are established on the basis of a petition
                                                                                                     safety standards and agricultural                     under FFDCA section 408(d), such as
                                             methyl-, 2-oxiranylmethyl ester,
                                                                                                     practices. EPA considers the                          the tolerance in this final rule, do not
                                             polymer with butyl 2-propenoate,
                                                                                                     international maximum residue limits                  require the issuance of a proposed rule,
                                             ethenylbenzene and 2-ethylhexyl 2-
                                                                                                     (MRLs) established by the Codex                       the requirements of the Regulatory
                                             propenoate does not appear to produce
                                                                                                     Alimentarius Commission (Codex), as                   Flexibility Act (RFA) (5 U.S.C. 601 et
                                             a toxic metabolite produced by other
                                                                                                     required by FFDCA section 408(b)(4).                  seq.), do not apply.
                                             substances. For the purposes of this
                                                                                                     The Codex Alimentarius is a joint                        This action directly regulates growers,
                                             tolerance action, therefore, EPA has
                                                                                                     United Nations Food and Agriculture                   food processors, food handlers, and food
                                             assumed that 2-propenoic acid, 2-
                                                                                                     Organization/World Health                             retailers, not States or tribes, nor does
                                             methyl-, 2-oxiranylmethyl ester,
                                                                                                     Organization food standards program,                  this action alter the relationships or
                                             polymer with butyl 2-propenoate,
                                                                                                     and it is recognized as an international              distribution of power and
                                             ethenylbenzene and 2-ethylhexyl 2-
                                                                                                     food safety standards-setting                         responsibilities established by Congress
                                             propenoate does not have a common
                                                                                                     organization in trade agreements to                   in the preemption provisions of FFDCA
                                             mechanism of toxicity with other
                                                                                                     which the United States is a party. EPA               section 408(n)(4). As such, the Agency
                                             substances. For information regarding
                                                                                                     may establish a tolerance that is                     has determined that this action will not
                                             EPA’s efforts to determine which
                                                                                                     different from a Codex MRL; however,                  have a substantial direct effect on States
                                             chemicals have a common mechanism
                                                                                                     FFDCA section 408(b)(4) requires that                 or tribal governments, on the
                                             of toxicity and to evaluate the
                                                                                                     EPA explain the reasons for departing                 relationship between the national
                                             cumulative effects of such chemicals,
                                                                                                     from the Codex level.                                 government and the States or tribal
                                             see EPA’s website at http://
                                             www.epa.gov/pesticides/cumulative.                        The Codex has not established a MRL                 governments, or on the distribution of
                                                                                                     for 2-propenoic acid, 2-methyl-, 2-                   power and responsibilities among the
                                             VI. Additional Safety Factor for the                    oxiranylmethyl ester, polymer with                    various levels of government or between
                                             Protection of Infants and Children                      butyl 2-propenoate, ethenylbenzene and                the Federal Government and Indian
                                               Section 408(b)(2)(C) of FFDCA                         2-ethylhexyl 2-propenoate.                            tribes. Thus, the Agency has determined
                                             provides that EPA shall apply an                        IX. Conclusion                                        that Executive Order 13132, entitled
                                             additional tenfold margin of safety for                                                                       ‘‘Federalism’’ (64 FR 43255, August 10,
                                             infants and children in the case of                       Accordingly, EPA finds that                         1999) and Executive Order 13175,
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                                             threshold effects to account for prenatal               exempting residues of 2-propenoic acid,               entitled ‘‘Consultation and Coordination
                                             and postnatal toxicity and the                          2-methyl-, 2-oxiranylmethyl ester,                    with Indian Tribal Governments’’ (65 FR
                                             completeness of the data base unless                    polymer with butyl 2-propenoate,                      67249, November 9, 2000) do not apply
                                             EPA concludes that a different margin of                ethenylbenzene and 2-ethylhexyl 2-                    to this action. In addition, this action
                                             safety will be safe for infants and                     propenoate from the requirement of a                  does not impose any enforceable duty or
                                             children. Due to the expected low                       tolerance will be safe.                               contain any unfunded mandate as


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                                                              Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations                                                          45841

                                             described under Title II of the Unfunded                   General of the United States prior to                       PART 180—[AMENDED]
                                             Mandates Reform Act (UMRA) (2 U.S.C.                       publication of the rule in the Federal
                                             1501 et seq.).                                             Register. This action is not a ‘‘major                      ■ 1. The authority citation for part 180
                                               This action does not involve any                         rule’’ as defined by 5 U.S.C. 804(2).                       continues to read as follows:
                                             technical standards that would require
                                                                                                        List of Subjects in 40 CFR Part 180                             Authority: 21 U.S.C. 321(q), 346a and 371.
                                             Agency consideration of voluntary
                                             consensus standards pursuant to section                      Environmental protection,                                 ■ 2. In § 180.960, alphabetically add the
                                             12(d) of the National Technology                           Administrative practice and procedure,                      following polymer ‘‘2-Propenoic acid, 2-
                                             Transfer and Advancement Act                               Agricultural commodities, Pesticides                        methyl-, 2-oxiranylmethyl ester,
                                             (NTTAA) (15 U.S.C. 272 note).                              and pests, Reporting and recordkeeping                      polymer with butyl 2-propenoate,
                                                                                                        requirements.                                               ethenylbenzene and 2-ethylhexyl 2-
                                             XI. Congressional Review Act
                                                                                                          Dated: August 28, 2018.                                   propenoate, minimum number average
                                               Pursuant to the Congressional Review                                                                                 molecular weight (in amu), 3,600’’ to the
                                                                                                        Michael Goodis,
                                             Act (5 U.S.C. 801 et seq.), EPA will                                                                                   table to read as follows:
                                             submit a report containing this rule and                   Director, Registration Division, Office of
                                                                                                        Pesticide Programs.                                         § 180.960 Polymers; exemptions from the
                                             other required information to the U.S.
                                             Senate, the U.S. House of                                    Therefore, 40 CFR chapter I is                            requirement of a tolerance.
                                             Representatives, and the Comptroller                       amended as follows:                                         *      *       *       *       *

                                                                                                                     Polymer                                                                                CAS No.


                                                     *                    *                   *                  *                              *                                *                           *
                                             2-Propenoic acid, 2-methyl-, 2-oxiranylmethyl ester, polymer with butyl 2-propenoate, ethenylbenzene and 2-ethylhexyl 2-
                                               propenoate, minimum number average molecular weight (in amu), 3,600 .....................................................................................   58499–26–6

                                                        *                        *                         *                        *                        *                         *                     *



                                             [FR Doc. 2018–19758 Filed 9–10–18; 8:45 am]                or at the Office of Pesticide Programs                        • Crop production (NAICS code 111).
                                             BILLING CODE 6560–50–P                                     Regulatory Public Docket (OPP Docket)                         • Animal production (NAICS code
                                                                                                        in the Environmental Protection Agency                      112).
                                                                                                        Docket Center (EPA/DC), West William                          • Food manufacturing (NAICS code
                                             ENVIRONMENTAL PROTECTION                                   Jefferson Clinton Bldg., Rm. 3334, 1301                     311).
                                             AGENCY                                                     Constitution Ave. NW, Washington, DC
                                                                                                        20460–0001. The Public Reading Room                           • Pesticide manufacturing (NAICS
                                             40 CFR Part 180                                            is open from 8:30 a.m. to 4:30 p.m.,                        code 32532).
                                             [EPA–HQ–OPP–2017–0591; FRL–9980–90]                        Monday through Friday, excluding legal                      B. How can I get electronic access to
                                                                                                        holidays. The telephone number for the                      other related information?
                                             Cloquintocet-mexyl; Pesticide                              Public Reading Room is (202) 566–1744,
                                             Tolerances                                                 and the telephone number for the OPP                           You may access a frequently updated
                                                                                                        Docket is (703) 305–5805. Please review                     electronic version of EPA’s tolerance
                                             AGENCY:  Environmental Protection                          the visitor instructions and additional                     regulations at 40 CFR part 180 through
                                             Agency (EPA).                                              information about the docket available                      the Government Printing Office’s e-CFR
                                             ACTION: Final rule.                                        at http://www.epa.gov/dockets.                              site at http://www.ecfr.gov/cgi-bin/text-
                                                                                                                                                                    idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
                                             SUMMARY:   This regulation establishes                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    40tab_02.tpl.
                                             tolerances for residues of the inert                       Michael L. Goodis, Registration Division
                                             ingredient cloquintocet-mexyl (CAS                         (7505P), Office of Pesticide Programs,                      C. How can I file an objection or hearing
                                             Reg. No. 99607–70–2) in or on teff                         Environmental Protection Agency, 1200                       request?
                                             commodities when used in formulations                      Pennsylvania Ave. NW, Washington, DC
                                                                                                        20460–0001; main telephone number:                            Under FFDCA section 408(g), 21
                                             with the active ingredients florasulam                                                                                 U.S.C. 346a, any person may file an
                                             and fluroxypyr 1-methylhelptyl ester.                      (703) 305–7090; email address:
                                                                                                        RDFRNotices@epa.gov.                                        objection to any aspect of this regulation
                                             The Interregional Research Project                                                                                     and may also request a hearing on those
                                             Number 4 requested these tolerances                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    objections. You must file your objection
                                             under the Federal Food, Drug, and                                                                                      or request a hearing on this regulation
                                                                                                        I. General Information
                                             Cosmetic Act (FFDCA).                                                                                                  in accordance with the instructions
                                             DATES: This regulation is effective                        A. Does this action apply to me?                            provided in 40 CFR part 178. To ensure
                                             September 11, 2018. Objections and                            You may be potentially affected by                       proper receipt by EPA, you must
                                             requests for hearings must be received                     this action if you are an agricultural                      identify docket ID number EPA–HQ–
                                             on or before November 13, 2018 and                         producer, food manufacturer, or                             OPP–2017–0591 in the subject line on
                                             must be filed in accordance with the                       pesticide manufacturer. The following                       the first page of your submission. All
                                             instructions provided in 40 CFR part                       list of North American Industrial                           objections and requests for a hearing
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                                             178 (see also Unit I.C. of the                             Classification System (NAICS) codes is                      must be in writing, and must be
                                             SUPPLEMENTARY INFORMATION).                                not intended to be exhaustive, but rather                   received by the Hearing Clerk on or
                                             ADDRESSES: The docket for this action,                     provides a guide to help readers                            before November 13, 2018. Addresses
                                             identified by docket identification (ID)                   determine whether this document                             for mail and hand delivery of objections
                                             number EPA–HQ–OPP–2017–0591, is                            applies to them. Potentially affected                       and hearing requests are provided in 40
                                             available at http://www.regulations.gov                    entities may include:                                       CFR 178.25(b).


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Document Created: 2018-09-11 01:02:45
Document Modified: 2018-09-11 01:02:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis regulation is effective September 11, 2018. Objections and requests for hearings must be received on or before November 13, 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).
ContactMichael Goodis, Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
FR Citation83 FR 45838 
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements

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