83 FR 48555 - 2-Propenoic Acid, Polymer With Butyl 2-Propenoate, Ethenylbenzene and (1-Methylethenyl) Benzene, Ammonium Salt; Tolerance Exemption
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 187 (September 26, 2018)
Federal Register Volume 83, Issue 187 (September 26, 2018)
| Page Range | 48555-48558 | |
| FR Document | 2018-20958 |
[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)] [Rules and Regulations] [Pages 48555-48558] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20958] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2018-0264; FRL-9983-22] 2-Propenoic Acid, Polymer With Butyl 2-Propenoate, Ethenylbenzene and (1-Methylethenyl) Benzene, Ammonium Salt; 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, polymer with butyl 2- propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt; 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt on food or feed commodities. DATES: This regulation is effective September 26, 2018. Objections and requests for hearings must be received on or before November 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-2018-0264, 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: RDFRNotices@epa.gov. 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-2018-0264 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 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-2018-0264, 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- 11149) 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, polymer with butyl 2-propenoate, [[Page 48556]] ethenylbenzene and (1-methylethenyl) benzene, ammonium salt; CAS Reg. No. 360564-31-4. 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, polymer with butyl 2- propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt 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 CF 3 - 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 2,300 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that 2-propenoic acid, polymer with butyl 2- propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt is 2,300 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, polymer with butyl 2- propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt 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, polymer with butyl 2- propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt to share a common mechanism of toxicity with any other substances, and 2-propenoic acid, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt does not have a common mechanism of toxicity with other [[Page 48557]] 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt, 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt. 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, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt. IX. Conclusion Accordingly, EPA finds that exempting residues of 2-propenoic acid, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt 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: September 7, 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 polymer ``2-Propenoic acid, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt, minimum number average molecular weight (in amu), 2,300'' to the table to read as follows: [[Page 48558]] Sec. 180.960 Polymers; exemptions from the requirement of a tolerance. * * * * * ------------------------------------------------------------------------ Polymer CAS No. ------------------------------------------------------------------------ * * * * * * * 2-Propenoic acid, polymer with butyl 2-propenoate, 360564-31-4 ethenylbenzene and (1-methylethenyl) benzene, ammonium salt, minimum number average molecular weight (in amu), 2,300.................................................. * * * * * * * ------------------------------------------------------------------------ [FR Doc. 2018-20958 Filed 9-25-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48555
Polymer CAS No.
* * * * * * *
Maltodextrin-vinyl pyrrolidinone copolymer, minimum number average molecular weight (in amu), 21,000 ..................................... 1323833–56–2
* * * * * * *
[FR Doc. 2018–20968 Filed 9–25–18; 8:45 am] holidays. The telephone number for the OPP–2018–0264 in the subject line on
BILLING CODE 6560–50–P Public Reading Room is (202) 566–1744, the first page of your submission. All
and the telephone number for the OPP objections and requests for a hearing
Docket is (703) 305–5805. Please review must be in writing, and must be
ENVIRONMENTAL PROTECTION the visitor instructions and additional received by the Hearing Clerk on or
AGENCY information about the docket available before November 26, 2018. Addresses
at http://www.epa.gov/dockets. for mail and hand delivery of objections
40 CFR Part 180 and hearing requests are provided in 40
FOR FURTHER INFORMATION CONTACT:
[EPA–HQ–OPP–2018–0264; FRL–9983–22] Michael Goodis, Director, Registration CFR 178.25(b).
Division (7505P), Office of Pesticide In addition to filing an objection or
2-Propenoic Acid, Polymer With Butyl Programs, Environmental Protection hearing request with the Hearing Clerk
2-Propenoate, Ethenylbenzene and (1- Agency, 1200 Pennsylvania Ave. NW, as described in 40 CFR part 178, please
Methylethenyl) Benzene, Ammonium Washington, DC 20460–0001; main submit a copy of the filing (excluding
Salt; Tolerance Exemption telephone number: (703) 305–7090; any Confidential Business Information
email address: RDFRNotices@epa.gov. (CBI)) for inclusion in the public docket.
AGENCY: Environmental Protection
SUPPLEMENTARY INFORMATION:
Information not marked confidential
Agency (EPA).
pursuant to 40 CFR part 2 may be
ACTION: Final rule. I. General Information disclosed publicly by EPA without prior
SUMMARY: This regulation establishes an A. Does this action apply to me? notice. Submit the non-CBI copy of your
exemption from the requirement of a objection or hearing request, identified
tolerance for residues of 2-propenoic You may be potentially affected by by docket ID number EPA–HQ–OPP–
acid, polymer with butyl 2-propenoate, this action if you are an agricultural 2018–0264, by one of the following
ethenylbenzene and (1-methylethenyl) producer, food manufacturer, or methods.
benzene, ammonium salt; when used as pesticide manufacturer. The following • Federal eRulemaking Portal: http://
an inert ingredient in a pesticide list of North American Industrial www.regulations.gov. Follow the online
chemical formulation. Spring Trading Classification System (NAICS) codes is instructions for submitting comments.
Company on behalf of BASF not intended to be exhaustive, but rather Do not submit electronically any
Corporation submitted a petition to EPA provides a guide to help readers information you consider to be CBI or
under the Federal Food, Drug, and determine whether this document other information whose disclosure is
Cosmetic Act (FFDCA), requesting an applies to them. Potentially affected restricted by statute.
exemption from the requirement of a entities may include: • Mail: OPP Docket, Environmental
• Crop production (NAICS code 111). Protection Agency Docket Center (EPA/
tolerance. This regulation eliminates the
• Animal production (NAICS code DC), (28221T), 1200 Pennsylvania Ave.
need to establish a maximum
112). NW, Washington, DC 20460–0001.
permissible level for residues of 2-
• Food manufacturing (NAICS code • Hand Delivery: To make special
propenoic acid, polymer with butyl 2-
311). arrangements for hand delivery or
propenoate, ethenylbenzene and (1-
• Pesticide manufacturing (NAICS delivery of boxed information, please
methylethenyl) benzene, ammonium
code 32532). follow the instructions at http://
salt on food or feed commodities.
www.epa.gov/dockets/contacts.html.
DATES: This regulation is effective B. How can I get electronic access to
Additional instructions on
September 26, 2018. Objections and other related information?
commenting or visiting the docket,
requests for hearings must be received You may access a frequently updated along with more information about
on or before November 26, 2018, and electronic version of 40 CFR part 180 dockets generally, is available at http://
must be filed in accordance with the through the Government Printing www.epa.gov/dockets.
instructions provided in 40 CFR part Office’s e-CFR site at http://
178 (see also Unit I.C. of the www.ecfr.gov/cgi-bin/text-idx?&c=ecfr II. Background and Statutory Findings
SUPPLEMENTARY INFORMATION). &tpl=/ecfrbrowse/Title40/40tab_02.tpl. In the Federal Register of June 14,
ADDRESSES: The docket for this action, 2018 (83 FR 27743) (FRL–9978–41),
identified by docket identification (ID) C. Can I file an objection or hearing EPA issued a document pursuant to
number EPA–HQ–OPP–2018–0264, is request? FFDCA section 408, 21 U.S.C.
available at http://www.regulations.gov Under FFDCA section 408(g), 21 346a(d)(3), announcing the receipt of a
or at the Office of Pesticide Programs U.S.C. 346a, any person may file an pesticide petition (PP IN–11149) filed
Regulatory Public Docket (OPP Docket) objection to any aspect of this regulation by Spring Trading Company on behalf
in the Environmental Protection Agency and may also request a hearing on those of BASF Corporation, 100 Park Avenue,
daltland on DSKBBV9HB2PROD with RULES
Docket Center (EPA/DC), West William objections. You must file your objection Florham Park, New Jersey 07932. The
Jefferson Clinton Bldg., Rm. 3334, 1301 or request a hearing on this regulation petition requested that 40 CFR 180.960
Constitution Ave. NW, Washington, DC in accordance with the instructions be amended by establishing an
20460–0001. The Public Reading Room provided in 40 CFR part 178. To ensure exemption from the requirement of a
is open from 8:30 a.m. to 4:30 p.m., proper receipt by EPA, you must tolerance for residues of 2-propenoic
Monday through Friday, excluding legal identify docket ID number EPA–HQ– acid, polymer with butyl 2-propenoate,
VerDate Sep<11>2014 17:04 Sep 25, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\26SER1.SGM 26SER1](https://thefederalregister.org/doc/83_FR_48742/page/1.svg)
![Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48557
substances. For information regarding different from a Codex MRL; however, or tribal governments, on the
EPA’s efforts to determine which FFDCA section 408(b)(4) requires that relationship between the national
chemicals have a common mechanism EPA explain the reasons for departing government and the States or tribal
of toxicity and to evaluate the from the Codex level. governments, or on the distribution of
cumulative effects of such chemicals, The Codex has not established a MRL power and responsibilities among the
see EPA’s website at http:// for 2-propenoic acid, polymer with various levels of government or between
www.epa.gov/pesticides/cumulative. butyl 2-propenoate, ethenylbenzene and the Federal Government and Indian
(1-methylethenyl) benzene, ammonium tribes. Thus, the Agency has determined
VI. Additional Safety Factor for the salt.
Protection of Infants and Children that Executive Order 13132, entitled
IX. Conclusion ‘‘Federalism’’ (64 FR 43255, August 10,
Section 408(b)(2)(C) of FFDCA 1999) and Executive Order 13175,
provides that EPA shall apply an Accordingly, EPA finds that entitled ‘‘Consultation and Coordination
additional tenfold margin of safety for exempting residues of 2-propenoic acid, with Indian Tribal Governments’’ (65 FR
infants and children in the case of polymer with butyl 2-propenoate, 67249, November 9, 2000) do not apply
threshold effects to account for prenatal ethenylbenzene and (1-methylethenyl) to this action. In addition, this action
and postnatal toxicity and the benzene, ammonium salt from the does not impose any enforceable duty or
completeness of the data base unless requirement of a tolerance will be safe. contain any unfunded mandate as
EPA concludes that a different margin of X. Statutory and Executive Order described under Title II of the Unfunded
safety will be safe for infants and Reviews Mandates Reform Act (UMRA) (2 U.S.C.
children. Due to the expected low 1501 et seq.).
toxicity of 2-propenoic acid, polymer This action establishes a tolerance
with butyl 2-propenoate, under FFDCA section 408(d) in This action does not involve any
ethenylbenzene and (1-methylethenyl) response to a petition submitted to the technical standards that would require
benzene, ammonium salt, EPA has not Agency. The Office of Management and Agency consideration of voluntary
used a safety factor analysis to assess Budget (OMB) has exempted these types consensus standards pursuant to section
the risk. For the same reasons the of actions from review under Executive 12(d) of the National Technology
additional tenfold safety factor is Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act
unnecessary. Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note).
October 4, 1993). Because this action XI. Congressional Review Act
VII. Determination of Safety has been exempted from review under
Based on the conformance to the Executive Order 12866, this action is Pursuant to the Congressional Review
criteria used to identify a low-risk not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will
polymer, EPA concludes that there is a entitled ‘‘Actions Concerning submit a report containing this rule and
reasonable certainty of no harm to the Regulations That Significantly Affect other required information to the U.S.
U.S. population, including infants and Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of
children, from aggregate exposure to FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller
residues of 2-propenoic acid, polymer Order 13045, entitled ‘‘Protection of General of the United States prior to
with butyl 2-propenoate, Children from Environmental Health publication of the rule in the Federal
ethenylbenzene and (1-methylethenyl) Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major
benzene, ammonium salt. April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2).
VIII. Other Considerations contain any information collections
List of Subjects in 40 CFR Part 180
subject to OMB approval under the
A. Analytical Enforcement Methodology Paperwork Reduction Act (PRA) (44 Environmental protection,
An analytical method is not required U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure,
for enforcement purposes since the any special considerations under Agricultural commodities, Pesticides
Agency is establishing an exemption Executive Order 12898, entitled and pests, Reporting and recordkeeping
from the requirement of a tolerance ‘‘Federal Actions to Address requirements.
without any numerical limitation. Environmental Justice in Minority
Dated: September 7, 2018.
Populations and Low-Income
B. International Residue Limits Michael Goodis,
Populations’’ (59 FR 7629, February 16,
In making its tolerance decisions, EPA 1994). Director, Registration Division, Office of
seeks to harmonize U.S. tolerances with Since tolerances and exemptions that Pesticide Programs.
international standards whenever are established on the basis of a petition Therefore, 40 CFR chapter I is
possible, consistent with U.S. food under FFDCA section 408(d), such as amended as follows:
safety standards and agricultural the tolerance in this final rule, do not
practices. EPA considers the require the issuance of a proposed rule, PART 180—[AMENDED]
international maximum residue limits the requirements of the Regulatory
(MRLs) established by the Codex Flexibility Act (RFA) (5 U.S.C. 601 et ■ 1. The authority citation for part 180
Alimentarius Commission (Codex), as seq.), do not apply. continues to read as follows:
required by FFDCA section 408(b)(4). This action directly regulates growers, Authority: 21 U.S.C. 321(q), 346a and 371.
The Codex Alimentarius is a joint food processors, food handlers, and food
United Nations Food and Agriculture retailers, not States or tribes, nor does ■ 2. In § 180.960, alphabetically add the
Organization/World Health this action alter the relationships or polymer ‘‘2-Propenoic acid, polymer
daltland on DSKBBV9HB2PROD with RULES
Organization food standards program, distribution of power and with butyl 2-propenoate,
and it is recognized as an international responsibilities established by Congress ethenylbenzene and (1-methylethenyl)
food safety standards-setting in the preemption provisions of FFDCA benzene, ammonium salt, minimum
organization in trade agreements to section 408(n)(4). As such, the Agency number average molecular weight (in
which the United States is a party. EPA has determined that this action will not amu), 2,300’’ to the table to read as
may establish a tolerance that is have a substantial direct effect on States follows:
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![48558 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
* * * * *
Polymer CAS No.
* * * * * * *
2-Propenoic acid, polymer with butyl 2-propenoate, ethenylbenzene and (1-methylethenyl) benzene, ammonium salt, minimum
number average molecular weight (in amu), 2,300 ......................................................................................................................... 360564–31–4
* * * * * * *
[FR Doc. 2018–20958 Filed 9–25–18; 8:45 am] Background Background Checks Procedures in the
BILLING CODE 6560–50–P Final Rule
The Head Start Program Performance
Standards (81 FR 61294) define Generally, 45 CFR 1302.90(b)(1)
requires that before a person is hired,
standards grantees and delegate
programs must conduct a sex offender
DEPARTMENT OF HEALTH AND agencies must implement to operate registry check and obtain either a state
HUMAN SERVICES high quality Head Start or Early Head or tribal criminal history records,
Start programs. As part of our effort to including fingerprint checks, or a
Administration for Children and prioritize child safety, we strengthened
Families Federal Bureau of Investigation (FBI)
our criminal background check criminal history records, including
procedures at 45 CFR 1302.90(b) in the fingerprint checks.
45 CFR Part 1302 final rule to reflect changes in the In 45 CFR 1302.90(b)(2), (4), and (5),
Improving Head Start for School we afford programs 90 days to obtain
RIN 0970–AC78 Readiness Act of 2007, Public Law 110– whichever check they could not obtain
134, and to complement background before the person was hired, as well as
Head Start Program
check requirements in the Child Care child abuse and neglect state registry
AGENCY: Office of Head Start (OHS), and Development Block Grant (CCDBG) check, if available. However, programs
Administration for Children and Act of 2014, Public Law 113–186. must ensure newly hired employees do
Families (ACF), Department of Health not have unsupervised access to
In addition to more comprehensive children until their background check
and Human Services (HHS). background check standards, we aim to
ACTION: Final rule; delay of compliance
process is complete. A complete
strengthen partnerships between states background check process consists of a
date. and Head Start programs. At 45 CFR sex offender registry check, state or
SUMMARY: The Office of Head Start will 1302.53(b) in the final rule, we require tribal history records, including
further delay the compliance date for Head Start programs to actively promote fingerprint check and FBI criminal
programs to meet background checks coordinated early childhood systems, history records, including fingerprint
requirements and participate in their including those in their state. As part of check, as well as a child abuse and
state or local Quality Rating and these requirements, most Head Start neglect state registry check, if available.
Improvement Systems (QRIS). The programs must participate in QRIS, if We also require programs to conduct
Department delayed the compliance they meet certain conditions. complete background checks for each
dates for these standards through a Currently, Head Start programs must employee at least once every five years.
previous document in the Federal We believe programs require more
comply with background check
Register. Since then, we have learned time to implement systems to complete
requirements and participate in their the background checks process listed at
programs could benefit from more time states’ QRIS, by September 30, 2018. We
as they work to align with state systems 45 CFR 1302.90(b)(2), (4), and (5) in our
have already delayed the date for final rule. We aligned our compliance
to meet these federal standards. programs to comply with background date for our background checks
DATES: The date for programs to comply check requirements in the final rule to requirements with the background
with background checks procedures as align with the background check check requirement deadline the CCDBG
described in 45 CFR 1302.90(b) and to requirement deadline in the Child Care Act because states that receive CCDBG
participate in QRIS as described in 45 Development Block Grant Act of 2014, funds are required to establish systems
CFR 1302.53(b)(2), as published at 81 Public Law 113–186, through a that implement the same set of
FR 61294 and delayed at 81 FR 87843 document published in the Federal comprehensive background checks for
and 82 FR 45205, is further delayed
Register (82 FR 45205) on September all child care teachers and staff. These
until September 30, 2019.
28, 2017. In the same Federal Register systems will enable Head Start programs
FOR FURTHER INFORMATION CONTACT: document, we extended the date for to meet background check requirements
Colleen Rathgeb, Office of Head Start, programs to participate in QRIS. in the final rule.
Planning, Oversight, and Policy We understand, however, states may
Division Director, (202) 358–3263, Through conversations with programs
request additional time-limited waivers
daltland on DSKBBV9HB2PROD with RULES
OHS_NPRM@acf.hhs.gov. Deaf and and states, we are concerned programs
of up to two years, in one year
hearing impaired individuals may call are still not be able to fully implement increments (i.e., potentially through
the Federal Dual Party Relay Service at either background check or QRIS September 30, 2020) to design systems
1–800–877–8339 between 8 a.m. and 7 requirements by September 30, 2018, that can accommodate our programs’
p.m. Eastern Standard Time. without assuming unintended background checks requests. To
SUPPLEMENTARY INFORMATION: regulatory and administrative burden. minimize burden on programs, we will
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Document Created: 2018-09-26 00:47:16
Document Modified: 2018-09-26 00:47:16
| 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 September 26, 2018. Objections and requests for hearings must be received on or before November 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, Director, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460- | |
| FR Citation | 83 FR 48555 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Agricultural Commodities; Pesticides and Pests and Reporting and Recordkeeping Requirements |
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