63680 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 

§ 165.T13–290 Safety Zone; 520 Bridge, 

Lake Washington; Seattle, WA. 

(a) Location: The following area is 

designated as a safety zone: All waters 

within 100 yards of the east span of the 

520 Bridge located on Lake Washington 

in Seattle, Washington. 

(b) Regulations: In accordance with 

the general regulations in 33 CFR 165, 

Subpart C, no person may enter the 

safety zone or bring or cause to be 

brought any vessel into the safety zone 

without permission of the Captain of the 

Port. Persons wishing to enter the safety 

zone must request permission from the 

Captain of the Port by contacting the 

Joint Harbor Operation Center at 206– 

217–6001 or VHF Channel 16. If 

permission for entry is granted, vessels 

must proceed at a minimum speed for 

safe navigation. 

(c) Dates: This rule is effective from 

October 2, 2015, through November 30, 

2015, when a construction barge is 

present inside the safety zone. 

Dated: September 30, 2015. 

M.W. Raymond, 

Captain, U.S. Coast Guard, Captain of the 

Port Puget Sound. 

[FR Doc. 2015–26754 Filed 10–20–15; 8:45 am] 

BILLING CODE 9110–04P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0374; FRL–9933–73] 

Potassium Salts of Hops Beta Acids; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of the biochemical 

pesticide potassium salts of hops beta 

acids in or on honey and honeycomb for 

the control of Varroa mites in 

accordance with label directions and 

good agricultural practices. Interregional 

Research Project Number 4, on behalf of 

Beta Tec Hop Products, Inc., submitted 

a petition to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of potassium salts of hops 

beta acids in or on honey and 

honeycomb. 

DATES: This regulation is effective 

October 21, 2015. Objections and 

requests for hearings must be received 

on or before December 21, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0374, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://www.ecfr.

gov/cgi-bin/text-idx?&c=ecfr&tpl=/

ecfrbrowse/Title40/40tab_02.tpl. 

C. How 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–2014–0374 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 December 21, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0374, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://www.

epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/

dockets. 

II. Background and Statutory Findings 

In the Federal Register of September 

5, 2014 (79 FR 53009) (FRL–9914–98), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide tolerance petition (PP 3E8217) 

by Interregional Research Project 

Number 4, 500 College Road East, Suite 

201W, Princeton, NJ 08540, on behalf of 

BetaTec Hop Products, Inc. (the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 63681 

petitioner). The petition requested that 

40 CFR part 180 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of potassium salts of hop beta acids (K– 

HBAs) in or on honey and honeycomb 

resulting from the control of Varroa 

mites. That document referenced a 

summary of the petition prepared by the 

petitioner, which is available in the 

docket, http://www.regulations.gov. 

There were 63 comments received in 

response to the batched notice of filing 

but none were relevant to the 

establishment of a tolerance for 

potassium salts of hops beta acids. 

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 in 

residential settings, but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing 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. . . .’’ Additionally, 

EPA is required to take into account the 

factors set forth in FFDCA section 

408(b)(2)(D). 

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. First, 

EPA determines the toxicity of 

pesticides. Second, EPA examines 

exposure to the pesticide through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. 

III. Toxicological Profile 

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. 

A. Overview of Potassium Salts of Hops 

Beta Acids 

K–HBAs are derived from the resin 

components of the cones of female hop 

plants Humulus lupulus. The three 

major components of K–HBAs are 

Lupulone (30–55% with an isopropyl 

side chain), Colupulone (20–55% with 

an isobutyl side chain), and Adlupulone 

(5–10% with a secbutyl side chain); the 

components differ only in the R-side 

chain attached. K–HBA is classified as 

a biochemical pesticide because it is 

naturally occurring (found in Humulus 

lupulus plant), has a non-toxic mode of 

action against the target pest, and has a 

history of exposure to humans and the 

environment demonstrating minimal 

toxicity. There is a long history of safe 

use of HBAs via the oral and dietary 

exposure to humans from its use as a 

preservative on meats (estimated range 

4.4 milligrams/kilograms (mg/kg) of 

cooked meat—5.5 mg/kg of frankfurter) 

and its presence in the beer brewing 

process. Due to its long history of 

exposure, K–HBAs are considered to be 

generally recognized as safe (GRAS) by 

FDA. 

B. Biochemical Pesticide Toxicology 

Data Requirements 

All applicable mammalian toxicology 

data requirements supporting the 

petition to establish an exemption from 

the requirement of a tolerance for the 

use of potassium salts of hops beta acids 

as an active ingredient for use to control 

Varroa mites in or on honey and 

honeycomb have been fulfilled. No 

significant toxicological effects were 

observed in the acute toxicity study or 

other information from the literature 

that was used to address the toxicity 

data requirements. For the Tier I 

subchronic toxicity studies, data and 

information from scientific literature 

were used in support of acceptable 

rationales to address the data 

requirements, focusing on the long 

history of exposure to K–HBAs in food 

preservation and in the production of 

beer, which is commonly consumed in 

the United States. K–HBAs are not 

structurally-related to known mutagens, 

nor are they in a chemical class known 

to contain a known mutagen. Further, 

from the available toxicity information, 

there were no systemic effects of 

potassium salts of hops beta acids via 

the oral, dermal, or inhalation routes of 

exposure. For a summary of the data 

upon which EPA relied, and its human 

health risk assessment based on that 

data, please refer to the document 

entitled, ‘‘Federal Food, Drug, and 

Cosmetic Act (FFDCA) Considerations 

for Potassium Salts of Hops Beta acids’’ 

(July 15, 2015), available in the docket 

for this action. 

IV. Aggregate Exposures 

In examining aggregate exposure, 

FFDCA section 408 directs EPA to 

consider available information 

concerning exposures from the pesticide 

residue in food and all other nonoccupational exposures, including 

drinking water from ground water or 

surface water and exposure through 

pesticide use in gardens, lawns, or 

buildings (residential and other indoor 

uses). 

A. Dietary Exposure 

Human dietary exposure through food 

to residues of K–HBAs already occurs 

via its use as a preservative in meats and 

its natural presence in beer brewing 

production. EPA does not expect much 

residue of potassium salts of hops beta 

acids in honey from its use as a 

pesticide in hives based on residue 

studies. In three different studies 

conducted over 3 years, only one honey 

sample from one honey super was 

shown to have residues of hops beta 

acids (0.44 part per million (ppm)), and 

the residue level was only slightly above 

the analytical limits of detection (0.41 

ppm) and well below the Limit of 

Quantitation (1.2 ppm). 

No significant exposure via drinking 

water is expected from its use as an 

active ingredient as a pesticide. K–HBAs 

are non-volatile and are expected to 

degrade rapidly, with 100% degradation 

in 36 hours in the light and 4 days in 

the dark. Furthermore, as an insecticide, 

K–HBAs are formulated into a viscous 

liquid and coated on fiber strips which 

are placed inside the beehive such that 

the product is not sprayed or applied in 

any way that it would be expected to 

contact any source of drinking water. 

Should exposure occur, however, 

minimal to no risk is expected for the 

general population, including infants 

and children, due to the long history of 

dietary exposure to K–HBAs. 

B. Other Non-Occupational Exposure 

Non-occupational exposure to 

potasium salts of hops beta acids is not 

expected because potassium salts of 

hops beta acids is formulated into a 

viscous liquid and coated on fiber strips 

which are placed inside the beehive. 

There are no residential proposed uses. 

However, minimal to no risk is expected 

for the general population, including 

infants and children, due to the minimal 

toxicity of this chemical as 


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63682 Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 

demonstrated in the data submitted and 

evaluated by the Agency, as fully 

explained in the document entitled, 

‘‘Federal Food, Drug, and Cosmetic Act 

(FFDCA) Considerations for Potassium 

Salts of Hops Beta acids’’ (July 15, 

2015), available in the docket for this 

action. 

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 potassium salts of 

hops beta acids to share a common 

mechanism of toxicity with any other 

substances, and potassium salts of hops 

beta acids does not appear to produce a 

toxic metabolite produced by other 

substances. For the purposes of this 

tolerance action, therefore, EPA has 

assumed that potassium salts of hops 

beta acids 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. Determination of Safety for U.S. 

Population, Infants and Children 

FFDCA section 408(b)(2)(C) provides 

that, in considering the establishment of 

a tolerance or tolerance exemption for a 

pesticide chemical residue, EPA shall 

assess the available information about 

consumption patterns among infants 

and children, special susceptibility of 

infants and children to pesticide 

chemical residues, and the cumulative 

effects on infants and children of the 

residues and other substances with a 

common mechanism of toxicity. In 

addition, FFDCA section 408(b)(2)(C) 

provides that EPA shall apply an 

additional tenfold (10X) 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 database on toxicity 

and exposure, unless EPA determines 

that a different margin of safety will be 

safe for infants and children. This 

additional margin of safety is commonly 

referred to as the Food Quality 

Protection Act (FQPA) Safety Factor. In 

applying this provision, EPA either 

retains the default value of 10X, or uses 

a different additional or no safety factor 

when reliable data are available to 

support a different additional or no 

safety factor. 

As part of its qualitative assessment, 

EPA evaluated the available toxicity and 

exposure data on potassium salts of 

hops beta acids and considered its 

validity, completeness, and reliability, 

as well as the relationship of this 

information to human risk. EPA 

considers the toxicity database to be 

complete and has identified no residual 

uncertainty with regard to prenatal and 

postnatal toxicity or exposure. No 

hazard was identified based on the 

available studies; therefore, EPA 

concludes that there are no threshold 

effects of concern to infants, children, or 

adults from potassium salts of hops beta 

acids. As a result, EPA concludes that 

no additional margin of exposure 

(safety) is necessary. 

VII. Analytical Enforcement 

Methodology 

An analytical method is not required 

for enforcement purposes because EPA 

is establishing an exemption from the 

requirement of a tolerance without any 

numerical limitation. 

VIII. Conclusion 

Based on its assessment of potassium 

salts of hops beta acids, EPA concludes 

that there is a reasonable certainty that 

no harm will result to the general 

population, or to infants and children, 

from aggregate exposure to potassium 

salts of hops beta acids. EPA is therefore 

establishing an exemption from the 

requirement of a tolerance for residues 

of potassium salts of hops beta acids for 

the control of Varroa mites in or on 

honey and honeycomb, in accordance 

with label directions and good 

agricultural practices. 

IX. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the requirement of a 

tolerance under FFDCA section 408(d) 

in response to a petition submitted to 

the Agency. The Office of Management 

and Budget (OMB) has exempted these 

types of actions from review under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993). Because 

this 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 

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 require any special 

considerations under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the exemption 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 FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this 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) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

X. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 203 / Wednesday, October 21, 2015 / Rules and Regulations 63683 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: September 29, 2015. 

Jack E. Housenger, 

Director, 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. Add section 180.1333 to subpart D 

to read as follows: 

§ 180.1333 Potassium Salts of Hops Beta 

acids; exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of the biochemical potassium salts of 

hops beta acids in or on honey and 

honeycomb, when used for the control 

of Varroa mites in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2015–26600 Filed 10–20–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0442; FRL–9935–34] 

Poly[oxy(methyl-1,2-ethanediyl)], α- 

[(9Z)-1-oxo-9-octadecen-1-yl]-w-[[(9Z)- 

1-oxo-9-octadecen-1yl]oxy]-; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of 

poly[oxy(methyl-1,2-ethanediyl)], a- 

[(9Z)-1-oxo-9-octadecen-1-yl]-w-[[(9Z)-1- 

oxo-9-octadecen-1yl]oxy]- (CAS Reg. 

No. 26571–49–3) when used as an inert 

ingredient in a pesticide chemical 

formulation. BYK USA Inc., submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of poly[oxy(methyl-1,2- 

ethanediyl)], a-[(9Z)-1-oxo-9-octadecen1-yl]-w-[[(9Z)-1-oxo-9-octadecen1yl]oxy]- on food or feed commodities. 

DATES: This regulation is effective 

October 21, 2015. Objections and 

requests for hearings must be received 

on or before December 21, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0442, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://www.ecfr.

gov/cgi-bin/text-idx?&c=ecfr&tpl=/

ecfrbrowse/Title40/40tab_02.tpl. 

C. Can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2015–0442 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 December 21, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2015–0442, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://www.

epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of August 26, 

2015 (80 FR 51759) (FRL–9931–74), 

EPA issued a document pursuant to 

FFDCA section 408, 21 U.S.C. 346a, 

announcing the receipt of a pesticide 

petition (PP) IN–10826 filed by BYK 

USA Inc., 524 South Cherry Street, 

Wallingford, CT 06492–4453. The 


tkelley on DSK3SPTVN1PROD with RULES