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. 

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, alphabetically add the 

following entry to the table to read as 

follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*******

Polymers produced by the reaction of either 1,6-hexanediisocyanate; 2,4,4-trimethyl-1,6-hexanediisocyanate; 5- 

isocyanato-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. 

* * * * * * * 

[FR Doc. 2013–22104 Filed 9–10–13; 8:45 am] 

BILLING CODE 6560–50–P 

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 http://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 

http://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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 55645 

Office’s e-CFR site at http://

ecfr.gpoaccess.gov/cgi/t/text/textidx?&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: http:// 

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 


tkelley on DSK3SPTVN1PROD with RULES
55646 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 

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 

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 

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 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Rules and Regulations 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] 

■ 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. 

* * * * * 

Polymer CAS No. 

*******

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.

None. 

* * * * * * * 


tkelley on DSK3SPTVN1PROD with RULES
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 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: 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. 

DATES: 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. 

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, 

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 

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 


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