Styrene, Copolymers with Acrylic Acid and/or Methacrylic Acid; Tolerance Exemption, 55644-55648 [2013-21919]
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55644
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations
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 29, 2013.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.960, alphabetically add the
following entry to the table to read as
follows:
■
Therefore, 40 CFR chapter I is
amended as follows:
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
PART 180—[AMENDED]
*
*
*
*
*
1. The authority citation for part 180
continues to read as follows:
■
Polymer
CAS No.
*
*
*
*
*
*
Polymers produced by the reaction of either 1,6-hexanediisocyanate; 2,4,4-trimethyl-1,6-hexanediisocyanate; 5isocyanato-1-(isocyanatomethyl)-fxsp0;1,3,3fxsp0;-trimethyIcyclohexane (isophoronediisocyanate); 4,4′-methylene-bis-1,1′-cyclohexanediisocyanate; 4,4′-methylene-bis-1,1′ benzyldiisocyanate; or 1,3-bis-(2-isocyanato
propan-2-yl)benzene with polyethylene glycol and end-capped with one or a mixture of more than one of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol or polyethyleneglycol
ethers of octanol, decanol, dodecanol, tetradecanol, hexadecanol, octadecanol, and octadec-9-enol, minimum
number average molecular weight (in amu), 20,000.
*
1161844–26–3, 1161844–
30–9, 1161844–43–4,
1161844–51–4,
1161844–53–6, 693252–
31–2, 162993–60–4,
630102–86–2.
*
*
*
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BILLING CODE 6560–50–P
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
exemption from the requirement of a
tolerance.
ENVIRONMENTAL PROTECTION
AGENCY
DATES:
[FR Doc. 2013–22104 Filed 9–10–13; 8:45 am]
40 CFR Part 180
[EPA–HQ–OPP–2013–0381; FRL–9396–9]
Styrene, Copolymers with Acrylic Acid
and/or Methacrylic Acid; Tolerance
Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation revises an
exemption from the requirement of a
tolerance for residues of styrene,
copolymers with acrylic acid and/or
methacrylic acid, with none and/or one
or more of the following monomers:
Acrylamidopropyl methyl sulfonic acid,
methallyl sulfonic acid, 3-sulfopropyl
acrylate, 3-sulfopropyl methacrylate,
hydroxypropyl methacrylate,
hydroxypropyl acrylate, hydroxyethyl
methacrylate, and/or hydroxyethyl
acrylate; and its sodium, potassium,
ammonium, monoethanolamine, and
triethanolamine salts; the resulting
polymer having a minimum number
average molecular weight (in amu),
1,200 when used as an inert ingredient
in a pesticide chemical formulation to
include the monomer lauryl
methacrylate. Toxcel, (7140 Heritage
Village Plaza, Gainesville, VA 20156) on
behalf of Akzo Nobel Surface Chemistry,
(909 Mueller Ave., Chattanooga, TN
37406) submitted a petition to EPA
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SUMMARY:
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This regulation is effective
September 11, 2013. Objections and
requests for hearings must be received
on or before November 12, 2013, 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: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2013–0381. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
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Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNOTICE@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. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
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
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Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
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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–2013–0381 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 12, 2013. 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 that does not
contain any 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 a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2013–0381 by one of the
following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
In the Federal Register of July 19,
2013 (78 FR 43118) (FRL–9392–9), EPA
issued a notice pursuant to section 408
of FFDCA, 21 U.S.C. 346a, announcing
the receipt of a pesticide petition ((PP)
IN–10551)) filed by Toxcel, (7140
Heritage Village Plaza, Gainesville, VA
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20156) on behalf of Akzo Nobel Surface
Chemistry, (909 Mueller Ave.,
Chattanooga, TN 37406). The petition
requested that 40 CFR 180.960 be
amended by revising an exemption from
the requirement of a tolerance for
residues of styrene, copolymers with
acrylic acid and/or methacrylic acid,
with none and/or one or more of the
following monomers: Acrylamidopropyl
methyl sulfonic acid, methallyl sulfonic
acid, 3-sulfopropyl acrylate, 3sulfopropyl methacrylate,
hydroxypropyl methacrylate,
hydroxypropyl acrylate, hydroxyethyl
methacrylate, and/or hydroxyethyl
acrylate; and its sodium, potassium,
ammonium, monoethanolamine, and
triethanolamine salts; the resulting
polymer having a minimum number
average molecular weight (in amu),
1,200 to include the monomer lauryl
methacrylate. That notice included a
summary of the petition prepared by the
petitioner and solicited comments on
the petitioner’s request. The Agency
received one comment from a private
citizen who opposed the authorization
to sell any pesticide that leaves a
residue on food. The Agency
understands the commenter’s concerns
and recognizes that some individuals
believe that no residue of pesticides
should be allowed. The Agency has a
large database which indicates that
compounds of this nature will not cause
residues which exceed the Agency’s
level of concern. Under the existing
legal framework provided by section
408 of the Federal Food, Drug and
Cosmetic Act (FFDCA) EPA is
authorized to establish pesticide
tolerances or exemptions where persons
seeking such tolerances or exemptions
have demonstrated that the pesticide
meets the safety standard imposed by
the statute.’’
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
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55645
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). Styrene, copolymers with
acrylic acid and/or methacrylic acid,
with none and/or one or more of the
following monomers: Acrylamidopropyl
methyl sulfonic acid, methallyl sulfonic
acid, 3-sulfopropyl acrylate, 3sulfopropyl methacrylate,
hydroxypropyl methacrylate,
hydroxypropyl acrylate, hydroxyethyl
methacrylate, and/or hydroxyethyl
acrylate, and its sodium, potassium,
ammonium, monoethanolamine, and
triethanolamine salts; (hereafter referred
to as styrene, copolymers with acrylic
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acid and/or methacrylic acid) conforms
to the definition of a polymer given in
40 CFR 723.250(b) and meets the
following criteria that are used to
identify low-risk polymers.
1. The polymer is not a cationic
polymer nor is it reasonably anticipated
to become a cationic polymer in a
natural aquatic environment.
2. The polymer does contain as an
integral part of its composition the
atomic elements carbon, hydrogen, and
oxygen.
3. The polymer does not contain as an
integral part of its composition, except
as impurities, any element other than
those listed in 40 CFR 723.250(d)(2)(ii).
4. The polymer is neither designed
nor can it be reasonably anticipated to
substantially degrade, decompose, or
depolymerize.
5. The polymer is manufactured or
imported from monomers and/or
reactants that are already included on
the TSCA Chemical Substance
Inventory or manufactured under an
applicable TSCA section 5 exemption.
6. The polymer is not a water
absorbing polymer with a number
average molecular weight (MW) greater
than or equal to 10,000 daltons.
Additionally, the polymer also meets as
required the following exemption
criteria specified in 40 CFR 723.250(e).
7. The polymer’s number average MW
of 1,200 daltons 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, styrene, copolymers with
acrylic acid and/or methacrylic acid
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
styrene, copolymers with acrylic acid
and/or methacrylic acid.
IV. Aggregate Exposures
For the purposes of assessing
potential exposure under this
exemption, EPA considered that
styrene, copolymers with acrylic acid
and/or methacrylic acid could be
present in all raw and processed
agricultural commodities and drinking
water, and that non-occupational nondietary exposure was possible. The
number average MW of styrene,
copolymers with acrylic acid and/or
methacrylic acid is 1,200 daltons.
Generally, a polymer of this size would
be poorly absorbed through the intact
gastrointestinal tract or through intact
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human skin. Since styrene, copolymers
with acrylic acid and/or methacrylic
acid conforms to the criteria that
identify a low-risk polymer, there are no
concerns for risks associated with any
potential exposure scenarios that are
reasonably foreseeable. The Agency has
determined that a tolerance is not
necessary to protect the public health.
V. Cumulative Effects From Substances
With a Common Mechanism of Toxicity
Section 408(b)(2)(D)(v) of FFDCA
requires that, when considering whether
to establish, modify, or revoke a
tolerance, the Agency consider
‘‘available information’’ concerning the
cumulative effects of a particular
pesticide’s residues and ‘‘other
substances that have a common
mechanism of toxicity.’’
EPA has not found styrene,
copolymers with acrylic acid and/or
methacrylic acid to share a common
mechanism of toxicity with any other
substances, and styrene, copolymers
with acrylic acid and/or methacrylic
acid does not appear to produce a toxic
metabolite produced by other
substances. For the purposes of this
tolerance action, therefore, EPA has
assumed that styrene, copolymers with
acrylic acid and/or methacrylic acid
does not have a common mechanism of
toxicity with other substances. For
information regarding EPA’s efforts to
determine which chemicals have a
common mechanism of toxicity and to
evaluate the cumulative effects of such
chemicals, see EPA’s Web site at
https://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 styrene, copolymers with
acrylic acid and/or methacrylic acid,
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
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residues of styrene, copolymers with
acrylic acid and/or methacrylic acid.
VIII. Other Considerations
A. Existing Exemptions From a
Tolerance
There are no existing exemptions
from the requirement of a tolerance.
B. Analytical Enforcement Methodology
An analytical method is not required
for enforcement purposes since the
Agency is establishing an exemption
from the requirement of a tolerance
without any numerical limitation.
C. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint U.N.
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 styrene, copolymers with acrylic
acid and/or methacrylic acid.
IX. Conclusion
Accordingly, EPA finds that
exempting residues of styrene,
copolymers with acrylic acid and/or
methacrylic acid from the requirement
of a tolerance will be safe.
X. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
under section 408(d) of FFDCA in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these rules
from review under Executive Order
12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this final rule has been
exempted from review under Executive
Order 12866, this final rule 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
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Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule 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 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 of 1995 (NTTAA),
Public Law 104–113, section 12(d) (15
U.S.C. 272 note).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, 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 final rule 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 section 408(n)(4) of FFDCA. 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, or otherwise have any unique
impacts on local governments. 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 final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4).
Although this action does not 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), EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low-income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. As such, to the
extent that information is publicly
available or was submitted in comments
to EPA, the Agency considered whether
groups or segments of the population, as
a result of their location, cultural
practices, or other factors, may have
atypical or disproportionately high and
adverse human health impacts or
environmental effects from exposure to
the pesticide discussed in this
document, compared to the general
population. The Agency received one
comment from a private citizen who
opposed the authorization to sell any
pesticide that leaves a residue on food.
The Agency understands the
commenter’s concerns and recognizes
that some individuals believe that no
residue of pesticides should be allowed.
The Agency has a large database which
indicates that compounds of this nature
will not cause residues which exceed
the Agency’s level of concern. Under the
existing legal framework provided by
section 408 of the Federal Food, Drug
and Cosmetic Act (FFDCA), EPA is
authorized to establish pesticide
tolerances or exemptions where persons
seeking such tolerances or exemptions
have demonstrated that the pesticide
meets the safety standard imposed by
the statute.
XI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. 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 this rule in the Federal
Register. This rule 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 29, 2013.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.960, the table is amended
by revising the entry for ‘‘styrene,
copolymers with acrylic acid and/or
methacrylic acid, with none and/or one
or more of the following monomers:
Acrylamidopropyl methyl sulfonic acid,
methallyl sulfonic acid, 3-sulfopropyl
acrylate, 3-sulfopropyl methacrylate,
hydroxypropyl methacrylate,
hydroxypropyl acrylate, hydroxyethyl
methacrylate, and/or hydroxyethyl
acrylate; and its sodium, potassium,
ammonium, monoethanolamine, and
triethanolamine salts; the resulting
polymer having a minimum number
average molecular weight (in amu),
1,200’’ to read as follows:
■
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
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Polymer
CAS No.
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Styrene, copolymers with acrylic acid and/or methacrylic acid, with none and/or one or more of the following monomers:
Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacrylate, hydroxypropyl
methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, hydroxyethyl acrylate, and/or lauryl methacrylate; and its sodium, potassium, ammonium, monoethanolamine, and triethanolamine salts; the resulting polymer having a minimum number
average molecular weight (in amu), 1200.
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55648
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations
[FR Doc. 2013–21919 Filed 9–10–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 20, 22, 24, 27, and 90
[WT Docket No. 10–4; FCC 13–21]
Signal Booster Rules
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the Office
of Management and Budget (OMB) has
approved, for a period of three years, the
information collections associated with
the Commission’s rules to improve
wireless coverage through the use of
signal boosters. This notice is consistent
with the Report and Order, which stated
that the Commission would publish a
document in the Federal Register
announcing the effective date of those
rules.
SUMMARY:
The amendments to
§§ 1.1307(b)(1), 20.3,20.21(a)(2),
20.21(a)(5), 20.21(e)(2), 20.21(e)(8)(i)(G),
20.21(e)(9)(i)(H), 20.21(f), 20.21(h), 22.9,
24.9, 27.9, 90.203(q), 90.219(b)(1)(i),
90.219(d)(5), and 90.219(e)(5),
published at 78 FR 21555, April 11,
2013, are effective September 11, 2013.
FOR FURTHER INFORMATION CONTACT: For
additional information, please contact
Joyce Jones, Mobility Division, Wireless
Telecommunications Bureau, at (202)
418–1327, or email: joyce.jones@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on August
21, 2013, OMB approved, for a period of
three years, the new information
collection requirements contained in the
Commission’s Report and Order, FCC
13–21, and released on February 20,
2013, in WT Docket No. 10–4, regarding
Signal Boosters.
DATES:
tkelley on DSK3SPTVN1PROD with RULES
Synopsis
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
the Commission is notifying the public
that it received OMB approval on
August 21, 2013, for the information
collection requirements contained in the
modifications to the Commission’s rules
in 47 CFR parts 1, 20, 22, 24, 27, and
90. Under 5 CFR part 1320, an agency
may not conduct or sponsor a collection
of information unless it displays a
currently valid OMB control number.
The OMB control number is 3060–1189.
The foregoing notice is required by the
Paperwork Reduction Act of 1995,
VerDate Mar<15>2010
15:59 Sep 10, 2013
Jkt 229001
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1189.
OMB Approval Date: August 21, 2013.
Expiration Date: August 31, 2016.
Title: Sections 1.1307(a), 20.3,
20.21(a)(2), 20.21(a)(5), 20.21(e)(2),
20.21(e)(8)(i)(G),
20.21(e)(9)(i)(H),20.21(f), 20.21(h),
90.203, 90.219(b)(1)(i), 90.219(d)(5) and
90.219(e)(5) of the Commission’s rules
concerning Signal Boosters.
Form No.: Not applicable.
Number of Respondents/Responses:
634,595.
Estimated Time per Response: .5 to 40
hours.
Total Annual Burden: 324,370 hours.
Total Annual Cost: $232,986.
Obligation to Respond: Required to
obtain or retain benefits. Statutory
authority for this collection of
information is contained in Sections
4(i), 303(g), 303(r), and 332(a) of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 303(g),
303(r), 332(a).
Nature and Extent of Confidentiality:
There is a need for confidentiality with
respect to individuals who register with
their wireless carriers. Pursuant to 47
U.S.C. 222(h)(1)(A) and part 64 of the
Commission’s rules, 47 CFR 64.2001
et.seq., telecommunications carriers are
required to protect Customer Proprietary
Network Information (CPNI).
Privacy Act: The information
collection associated with the
registration requirement contained in
Section 20.21(a)(2) of the Commission’s
rules affects individuals or households;
thus, there are impacts under the
Privacy Act. However, the government
is not directly collecting this
information and the R&O directs carriers
to protect the information to the extent
it is considered CPNI.
Needs and Uses
Provider Reporting Requirement: In
order to facilitate review of wireless
providers’ behavior regarding Consumer
Signal Boosters, the R&O requires that
on March 1, 2015, and March 1, 2016,
all nationwide wireless providers
publicly indicate their status regarding
consent for each Consumer Signal
Booster that has received FCC
certification as listed in a Public Notice
to be released by the Wireless
Telecommunications Bureau 30 days
prior to each reporting date. For each
listed Consumer Signal Booster,
wireless providers should publicly
indicate whether they (1) consent to use
of the device; (2) do not consent to use
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
of the device; or (3) are still considering
whether or not they will consent to the
use of the device.
Registration Requirements
Section 20.21(a)(2)—The rules require
signal booster operators to register
Consumer Signal Boosters, existing and
new, with their serving wireless
providers prior to operation. This is a
mandatory requirement to continue or
begin operation of a Consumer Signal
Booster. The registration requirement
will aid in interference resolution and
facilitate provider control over
Consumer Signal Boosters.
As noted on the Form OMB 83–I, this
information collection affects
individuals or households; thus, there
are impacts under the Privacy Act.
However, the government is not directly
collecting this information and the R&O
directs carriers to protect the
information to the extent it is
considered CPNI.
Section 20.21(h)—By March 1, 2014,
all providers who voluntarily consent to
the use of Consumer Signal Boosters on
their networks must establish a free
registration system for their subscribers.
At a minimum, providers must collect
(1) The name of the Consumer Signal
Booster owner and/or operator, if
different individuals; (2) the make,
model, and serial number of the device;
(3) the location of the device; and (4) the
date of initial operation. Otherwise, the
Commission permits providers to
develop their own registration systems
to facilitate provider control and
interference resolution, providers
should collect only such information
that is reasonably related to achieving
these dual goals. Wireless providers
may determine how to collect such
information and how to keep it up-todate.
Section 90.219(d)(5)—This rule
requires operators of part 90 Class B
signal boosters to register these devices
in a searchable on-line database that
will be maintained and operated by the
Wireless Telecommunications Bureau
via delegated authority from the
Commission. The Commission believes
this will be a valuable tool to resolve
interference should it occur.
Labeling Requirements
Sections 20.21(a)(5), 20.21(f),
90.219(e)(5)—In order to avoid
consumer confusion and provide
consumers with needed information, the
Commission adopted labeling
requirements for Consumer and
Industrial Signal Boosters. Consumer
Signal Boosters must be labeled to
identify the device as a ‘‘consumer’’
device and make the consumer aware
E:\FR\FM\11SER1.SGM
11SER1
]]>Agencies
[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Rules and Regulations]
[Pages 55644-55648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21919]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2013-0381; FRL-9396-9]
Styrene, Copolymers with Acrylic Acid and/or Methacrylic Acid;
Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation revises an exemption from the requirement of a
tolerance for residues of styrene, copolymers with acrylic acid and/or
methacrylic acid, with none and/or one or more of the following
monomers: Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic
acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacrylate, hydroxypropyl
methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, and/or
hydroxyethyl acrylate; and its sodium, potassium, ammonium,
monoethanolamine, and triethanolamine salts; the resulting polymer
having a minimum number average molecular weight (in amu), 1,200 when
used as an inert ingredient in a pesticide chemical formulation to
include the monomer lauryl methacrylate. Toxcel, (7140 Heritage Village
Plaza, Gainesville, VA 20156) on behalf of Akzo Nobel Surface
Chemistry, (909 Mueller Ave., Chattanooga, TN 37406) submitted a
petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA),
requesting an exemption from the requirement of a tolerance.
DATES: This regulation is effective September 11, 2013. Objections and
requests for hearings must be received on or before November 12, 2013,
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: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2013-0381. All documents in the
docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-7090; email address: RDFRNOTICE@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.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
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
[[Page 55645]]
Office's e-CFR site at https://ecfr.gpoaccess.gov/cgi/t/text/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-2013-0381 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 12, 2013. 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 that does not contain any 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 a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2013-0381 by one of the following methods.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
In the Federal Register of July 19, 2013 (78 FR 43118) (FRL-9392-
9), EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C.
346a, announcing the receipt of a pesticide petition ((PP) IN-10551))
filed by Toxcel, (7140 Heritage Village Plaza, Gainesville, VA 20156)
on behalf of Akzo Nobel Surface Chemistry, (909 Mueller Ave.,
Chattanooga, TN 37406). The petition requested that 40 CFR 180.960 be
amended by revising an exemption from the requirement of a tolerance
for residues of styrene, copolymers with acrylic acid and/or
methacrylic acid, with none and/or one or more of the following
monomers: Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic
acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacrylate, hydroxypropyl
methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, and/or
hydroxyethyl acrylate; and its sodium, potassium, ammonium,
monoethanolamine, and triethanolamine salts; the resulting polymer
having a minimum number average molecular weight (in amu), 1,200 to
include the monomer lauryl methacrylate. That notice included a summary
of the petition prepared by the petitioner and solicited comments on
the petitioner's request. The Agency received one comment from a
private citizen who opposed the authorization to sell any pesticide
that leaves a residue on food. The Agency understands the commenter's
concerns and recognizes that some individuals believe that no residue
of pesticides should be allowed. The Agency has a large database which
indicates that compounds of this nature will not cause residues which
exceed the Agency's level of concern. Under the existing legal
framework provided by section 408 of the Federal Food, Drug and
Cosmetic Act (FFDCA) EPA is authorized to establish pesticide
tolerances or exemptions where persons seeking such tolerances or
exemptions have demonstrated that the pesticide meets the safety
standard imposed by the statute.''
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). Styrene, copolymers with acrylic acid
and/or methacrylic acid, with none and/or one or more of the following
monomers: Acrylamidopropyl methyl sulfonic acid, methallyl sulfonic
acid, 3-sulfopropyl acrylate, 3-sulfopropyl methacrylate, hydroxypropyl
methacrylate, hydroxypropyl acrylate, hydroxyethyl methacrylate, and/or
hydroxyethyl acrylate, and its sodium, potassium, ammonium,
monoethanolamine, and triethanolamine salts; (hereafter referred to as
styrene, copolymers with acrylic
[[Page 55646]]
acid and/or methacrylic acid) conforms to the definition of a polymer
given in 40 CFR 723.250(b) and meets the following criteria that are
used to identify low-risk polymers.
1. The polymer is not a cationic polymer nor is it reasonably
anticipated to become a cationic polymer in a natural aquatic
environment.
2. The polymer does contain as an integral part of its composition
the atomic elements carbon, hydrogen, and oxygen.
3. The polymer does not contain as an integral part of its
composition, except as impurities, any element other than those listed
in 40 CFR 723.250(d)(2)(ii).
4. The polymer is neither designed nor can it be reasonably
anticipated to substantially degrade, decompose, or depolymerize.
5. The polymer is manufactured or imported from monomers and/or
reactants that are already included on the TSCA Chemical Substance
Inventory or manufactured under an applicable TSCA section 5 exemption.
6. The polymer is not a water absorbing polymer with a number
average molecular weight (MW) greater than or equal to 10,000 daltons.
Additionally, the polymer also meets as required the following
exemption criteria specified in 40 CFR 723.250(e).
7. The polymer's number average MW of 1,200 daltons 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, styrene, copolymers with acrylic acid and/or methacrylic
acid 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 styrene, copolymers with acrylic acid and/or
methacrylic acid.
IV. Aggregate Exposures
For the purposes of assessing potential exposure under this
exemption, EPA considered that styrene, copolymers with acrylic acid
and/or methacrylic acid 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 styrene,
copolymers with acrylic acid and/or methacrylic acid is 1,200 daltons.
Generally, a polymer of this size would be poorly absorbed through the
intact gastrointestinal tract or through intact human skin. Since
styrene, copolymers with acrylic acid and/or methacrylic acid conforms
to the criteria that identify a low-risk polymer, there are no concerns
for risks associated with any potential exposure scenarios that are
reasonably foreseeable. The Agency has determined that a tolerance is
not necessary to protect the public health.
V. Cumulative Effects From Substances With a Common Mechanism of
Toxicity
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
EPA has not found styrene, copolymers with acrylic acid and/or
methacrylic acid to share a common mechanism of toxicity with any other
substances, and styrene, copolymers with acrylic acid and/or
methacrylic acid does not appear to produce a toxic metabolite produced
by other substances. For the purposes of this tolerance action,
therefore, EPA has assumed that styrene, copolymers with acrylic acid
and/or methacrylic acid does not have a common mechanism of toxicity
with other substances. For information regarding EPA's efforts to
determine which chemicals have a common mechanism of toxicity and to
evaluate the cumulative effects of such chemicals, see EPA's Web site
at https://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 styrene, copolymers with
acrylic acid and/or methacrylic acid, 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 styrene, copolymers with acrylic acid
and/or methacrylic acid.
VIII. Other Considerations
A. Existing Exemptions From a Tolerance
There are no existing exemptions from the requirement of a
tolerance.
B. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.
C. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. 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 styrene, copolymers with
acrylic acid and/or methacrylic acid.
IX. Conclusion
Accordingly, EPA finds that exempting residues of styrene,
copolymers with acrylic acid and/or methacrylic acid from the
requirement of a tolerance will be safe.
X. Statutory and Executive Order Reviews
This final rule establishes a tolerance under section 408(d) of
FFDCA in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these rules from review under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this final rule has been exempted from
review under Executive Order 12866, this final rule 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
[[Page 55647]]
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This final rule 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 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 of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note).
Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, 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 final rule 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 section 408(n)(4) of FFDCA. 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, or otherwise have any unique
impacts on local governments. 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 final rule. In addition, this final rule does not impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4).
Although this action does not 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), EPA seeks to achieve
environmental justice, the fair treatment and meaningful involvement of
any group, including minority and/or low-income populations, in the
development, implementation, and enforcement of environmental laws,
regulations, and policies. As such, to the extent that information is
publicly available or was submitted in comments to EPA, the Agency
considered whether groups or segments of the population, as a result of
their location, cultural practices, or other factors, may have atypical
or disproportionately high and adverse human health impacts or
environmental effects from exposure to the pesticide discussed in this
document, compared to the general population. The Agency received one
comment from a private citizen who opposed the authorization to sell
any pesticide that leaves a residue on food. The Agency understands the
commenter's concerns and recognizes that some individuals believe that
no residue of pesticides should be allowed. The Agency has a large
database which indicates that compounds of this nature will not cause
residues which exceed the Agency's level of concern. Under the existing
legal framework provided by section 408 of the Federal Food, Drug and
Cosmetic Act (FFDCA), EPA is authorized to establish pesticide
tolerances or exemptions where persons seeking such tolerances or
exemptions have demonstrated that the pesticide meets the safety
standard imposed by the statute.
XI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and to
the Comptroller General of the United States. 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 this rule in the Federal
Register. This rule 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 29, 2013.
Lois Rossi,
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, the table is amended by revising the entry for
``styrene, copolymers with acrylic acid and/or methacrylic acid, with
none and/or one or more of the following monomers: Acrylamidopropyl
methyl sulfonic acid, methallyl sulfonic acid, 3-sulfopropyl acrylate,
3-sulfopropyl methacrylate, hydroxypropyl methacrylate, hydroxypropyl
acrylate, hydroxyethyl methacrylate, and/or hydroxyethyl acrylate; and
its sodium, potassium, ammonium, monoethanolamine, and triethanolamine
salts; the resulting polymer having a minimum number average molecular
weight (in amu), 1,200'' to read as follows:
Sec. 180.960 Polymers; exemptions from the requirement of a
tolerance.
* * * * *
------------------------------------------------------------------------
Polymer CAS No.
------------------------------------------------------------------------
* * * * * * *
Styrene, copolymers with acrylic acid and/or None.
methacrylic acid, with none and/or one or more
of the following monomers: Acrylamidopropyl
methyl sulfonic acid, methallyl sulfonic acid,
3-sulfopropyl acrylate, 3-sulfopropyl
methacrylate, hydroxypropyl methacrylate,
hydroxypropyl acrylate, hydroxyethyl
methacrylate, hydroxyethyl acrylate, and/or
lauryl methacrylate; and its sodium,
potassium, ammonium, monoethanolamine, and
triethanolamine salts; the resulting polymer
having a minimum number average molecular
weight (in amu), 1200.
* * * * * * *
------------------------------------------------------------------------
[[Page 55648]]
[FR Doc. 2013-21919 Filed 9-10-13; 8:45 am]
BILLING CODE 6560-50-P
