77260 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

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

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

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

VII. Congressional Review Act 

Pursuant to the Congressional Review 

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

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 3, 2015. 

Susan Lewis, 

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 § 180.155, add to the table in 

alphabetical order an entry for 

‘‘pomegranate’’ to read as follows: 

§ 180.155 1-Naphthaleneacetic acid; 

tolerance for residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Pomegranate .............................. 0.05 

* * * * * 

* * * * * 

[FR Doc. 2015–31309 Filed 12–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0451; FRL–9939–28] 

Polyamide Ester Polymers; Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of several 

polyamide ester polymers as listed in 

this final rule. Spring Trading Co. on 

behalf of Croda, 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 the listed chemicals on 

food or feed commodities. 

DATES: This regulation is effective 

December 14, 2015. Objections and 

requests for hearings must be received 

on or before February 12, 2016, 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–2015–0451, 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/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77261 

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–2015–0451 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 February 12, 2016. 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– 

2015–0451, 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 Wednesday, 

August 26, 2015 (80 FR 51763) (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–10834) filed 

by Spring Trading Co., 203 Dogwood 

Trl., Magnolia, TX 77354 (on behalf of 

Croda, Inc., 315 Cherry Ln., New Castle, 

DE 19720). The petition requested that 

40 CFR 180.960 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of the following polyamide ester 

polymers: Fatty acids, C18-unsatd., 

dimers, polymers with ethylenediamine 

and stearyl alcohol (CAS Reg. No. 

363162–42–9); fatty acids, C18-unsatd., 

dimers, hydrogenated, polymers with 

ethylenediamine, neopentyl glycol and 

stearyl alcohol (CAS Reg. No. 678991– 

29–2); fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 

ethylenediamine and stearyl alcohol 

(CAS Reg. No. 951153–32–5); Fatty 

acids, C18-unsatd., dimers, polymers 

with 1-docosanol and ethylenediamine 

(CAS Reg. No. 1699751–19–3); Fatty 

acids, C18-unsatd., dimers, polymers 

with cetyl alcohol., neopentyl glycol 

and trimethylenediamine (CAS Reg. No. 

1699751–23–9); fatty acids, C18-unsatd., 

dimers, polymers with 

hexamethylenediamine and stearyl 

alcohol (CAS Reg. No. 1699751–24–0); 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with cetyl 

alcohol and ethylenediamine (CAS Reg. 

No. 1699751–25–1); fatty acids, C18- 

unsatd., dimers, hydrogenated, 

polymers with neopentyl glycol, stearyl 

alcohol and trimethylenediamine (CAS 

Reg. No. 1699751–28–4); fatty acids, 

C18-unsatd., dimers, polymers with 1- 

docosanol and trimethylenediamine 

(CAS Reg. No. 1699751–29–5); fatty 

acids, C18-unsatd., dimers, 

hydrogenated, polymers with 1- 

docosanol, hexamethylenediamine and 

neopentyl glycol (CAS Reg. No. 

1699751–31–9) and fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol (CAS Reg. No. 1685271–04–8). 

That document included a summary 

of the petition prepared by the 

petitioner and solicited comments on 

the petitioner’s request. No comments 

were received by the Agency in 

response to the notice of filing. 

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). 

The polyamide ester polymers listed 

in this final rule conform 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. 

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77262 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 

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. 

7. The polymer does not contain 

certain perfluoroalkyl moieties 

consisting of a CF3- or longer chain 

length as specified in 40 CFR 

723.250(d)(6). 

Thus, polyamide ester polymers listed 

in this final rule (i.e., fatty acids, C18- 

unsatd., dimers, polymers with 

ethylenediamine and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 

ethylenediamine, neopentyl glycol and 

stearyl alcohol; fatty acids, C18-unsatd., 

dimers, hydrogenated, polymers with 

ethylenediamine and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

polymers with 1-docosanol and 

ethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with cetyl 

alcohol., neopentyl glycol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 

hexamethylenediamine and stearyl 

alcohol; fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with cetyl 

alcohol and ethylenediamine; fatty 

acids, C18-unsatd., dimers, 

hydrogenated, polymers with neopentyl 

glycol, stearyl alcohol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 1- 

docosanol and trimethylenediamine; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 1- 

docosanol, hexamethylenediamine and 

neopentyl glycol; and fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol) meet the criteria for a polymer 

to be considered low risk under 40 CFR 

723.250. Based on their conformance to 

the criteria in this unit, no mammalian 

toxicity is anticipated from dietary, 

inhalation or dermal exposure to these 

polymers. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that these 

polymers could be present in all raw 

and processed agricultural commodities 

and drinking water, and that nonoccupational non-dietary exposure was 

possible. The minimum number average 

MW (in amu) of each of these polymers 

is 1,400 daltons. Generally, a polymer of 

this size would be poorly absorbed 

through the intact gastrointestinal tract 

or through intact human skin. Since 

these polymers conform to the criteria 

that identify a low-risk polymer, there 

are no concerns for risks associated with 

any potential exposure scenarios that 

are reasonably foreseeable. The Agency 

has determined that a tolerance is not 

necessary to protect the public health. 

V. Cumulative Effects From Substances 

With a Common Mechanism of Toxicity 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found these polymers to 

share a common mechanism of toxicity 

with any other substances, and these 

polymers does not appear to produce a 

toxic metabolite produced by other 

substances. For the purposes of this 

tolerance action, therefore, EPA has 

assumed that these polymers 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 these polymers, 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 fatty acids, C18-unsatd., 

dimers, polymers with ethylenediamine 

and stearyl alcohol; fatty acids, C18- 

unsatd., dimers, hydrogenated, 

polymers with ethylenediamine, 

neopentyl glycol and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 

ethylenediamine and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

polymers with 1-docosanol and 

ethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with cetyl 

alcohol, neopentyl glycol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 

hexamethylenediamine and stearyl 

alcohol; fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with cetyl 

alcohol and ethylenediamine; fatty 

acids, C18-unsatd., dimers, 

hydrogenated, polymers with neopentyl 

glycol, stearyl alcohol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 1- 

docosanol and trimethylenediamine; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 1- 

docosanol, hexamethylenediamine and 

neopentyl glycol; and fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol. 

VIII. Other Considerations 

A. Existing Exemptions From a 

Tolerance 

Not applicable. 

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 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77263 

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 fatty acids, C18-unsatd., dimers, 

polymers with ethylenediamine and 

stearyl alcohol; fatty acids, C18-unsatd., 

dimers, hydrogenated, polymers with 

ethylenediamine, neopentyl glycol and 

stearyl alcohol; fatty acids, C18-unsatd., 

dimers, hydrogenated, polymers with 

ethylenediamine and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

polymers with 1-docosanol and 

ethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with cetyl 

alcohol, neopentyl glycol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 

hexamethylenediamine and stearyl 

alcohol; fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with cetyl 

alcohol and ethylenediamine; fatty 

acids, C18-unsatd., dimers, 

hydrogenated, polymers with neopentyl 

glycol, stearyl alcohol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 1- 

docosanol and trimethylenediamine; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 1- 

docosanol, hexamethylenediamine and 

neopentyl glycol; or fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of fatty acids, C18- 

unsatd., dimers, polymers with 

ethylenediamine and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 

ethylenediamine, neopentyl glycol and 

stearyl alcohol; fatty acids, C18-unsatd., 

dimers, hydrogenated, polymers with 

ethylenediamine and stearyl alcohol; 

fatty acids, C18-unsatd., dimers, 

polymers with 1-docosanol and 

ethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with cetyl 

alcohol, neopentyl glycol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 

hexamethylenediamine and stearyl 

alcohol; fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with cetyl 

alcohol and ethylenediamine; fatty 

acids, C18-unsatd., dimers, 

hydrogenated, polymers with neopentyl 

glycol, stearyl alcohol and 

trimethylenediamine; fatty acids, C18- 

unsatd., dimers, polymers with 1- 

docosanol and trimethylenediamine; 

fatty acids, C18-unsatd., dimers, 

hydrogenated, polymers with 1- 

docosanol, hexamethylenediamine and 

neopentyl glycol; and fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol from the requirement of a 

tolerance will be safe. 

X. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

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

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

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

XI. Congressional Review Act 

Pursuant to the Congressional Review 

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

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 30, 2015. 

G. Jeffrey Herndon, 

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 polymers to the table to read 

as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

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77264 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 

Polymer CAS No. 

*******

Fatty acids, C18-unsatd., dimers, polymers with ethylenediamine and stearyl alcohol, minimum number average molecular 

weight (in amu) 1,400 ...................................................................................................................................................................... 363162–42–9 

Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethylenediamine, neopentyl glycol and stearyl alcohol, minimum 

number average molecular weight (in amu) 1,400 .......................................................................................................................... 678991–29–2 

Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with ethylenediamine and stearyl alcohol, minimum number average 

molecular weight (in amu) 1,400 ..................................................................................................................................................... 951153–32–5 

Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol and ethylenediamine, minimum number average molecular weight 

(in amu) 1,400 .................................................................................................................................................................................. 1699751–19–3 

Fatty acids, C18-unsatd., dimers, polymers with cetyl alcohol, neopentyl glycol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 .............................................................................................................................................. 1699751–23–9 

Fatty acids, C18-unsatd., dimers, polymers with hexamethylenediamine and stearyl alcohol, minimum number average molecular 

weight (in amu) 1,400 ...................................................................................................................................................................... 1699751–24–0 

Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with cetyl alcohol and ethylenediamine, minimum number average 

molecular weight (in amu) 1,400 ..................................................................................................................................................... 1699751–25–1 

Fatty acids, C18-unsatd., dimers, hydrogenated, polymers with neopentyl glycol, stearyl alcohol and trimethylenediamine, minimum number average molecular weight (in amu) 1,400 ................................................................................................................ 1699751–28–4 

Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol and trimethylenediamine, minimum number average molecular 

weight (in amu) 1,400 ...................................................................................................................................................................... 1699751–29–5 

Fatty acids, C18-unsatd., dimers, polymers with 1-docosanol, hexamethylenediamine and neopentyl glycol, minimum number average molecular weight (in amu) 1,400 ........................................................................................................................................... 1699751–31–9 

Fatty acids, C18-unsatd., dimers, polymers with docosanoic acid, 1,3-propanediol and sorbitol, minimum number average molecular weight (in amu) 1,400 ............................................................................................................................................................... 1685271–04–8 

* * * * * * * 

* * * * * 

[FR Doc. 2015–30924 Filed 12–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XE327 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

General category bluefin tuna quota 

transfer and retention limit adjustment. 

SUMMARY: NMFS is transferring 24.3 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the General category 

December 2016 subquota period to the 

January 2016 subquota period (from 

January 1 through March 31, 2016, or 

until the available subquota for this 

period is reached, whichever comes 

first). NMFS also is adjusting the 

Atlantic tunas General category BFT 

daily retention limit for the January 

2016 subquota period to three large 

medium or giant BFT from the default 

retention limit of one. This action is 

based on consideration of the regulatory 

determination criteria regarding 

inseason adjustments and applies to 

Atlantic tunas General category 

(commercial) permitted vessels and 

Highly Migratory Species (HMS) 

Charter/Headboat category permitted 

vessels when fishing commercially for 

BFT. 

DATES: The quota transfer is effective 

January 1, 2016. The General category 

retention limit adjustment is effective 

January 1, 2016, through March 31, 

2016. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Brad McHale, 

978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the 2006 Consolidated 

Highly Migratory Species Fishery 

Management Plan (2006 Consolidated 

HMS FMP) (71 FR 58058, October 2, 

2006), as amended by Amendment 7 to 

the 2006 Consolidated HMS FMP 

(Amendment 7) (79 FR 71510, December 

2, 2014). NMFS is required under ATCA 

and the Magnuson-Stevens Act to 

provide U.S. fishing vessels with a 

reasonable opportunity to harvest the 

ICCAT-recommended quota. 

Inseason Transfer to the General 

Category 

Earlier this year, NMFS implemented 

a final rule that increased the U.S. BFT 

quota and subquotas per ICCAT 

Recommendation 14–05 (80 FR 52198, 

August 28, 2015). The base quota for the 

General category is 466.7 mt. See 

§ 635.27(a). Each of the General category 

time periods (January, June through 

August, September, October through 

November, and December) is allocated a 

portion of the annual General category 

quota. Although it is called the 

‘‘January’’ subquota, the regulations 

allow the General category fishery under 

this quota to continue until the 

subquota is reached or March 31, 

whichever comes first. Based on the 

General category base quota of 466.7 mt, 

the subquotas for each time period are 

as follows: 24.7 mt for January; 233.3 mt 

for June through August; 123.7 mt for 

September; 60.7 mt for October through 

November; and 24.3 mt for December. 

Any unused General category quota 

rolls forward within the fishing year, 

which coincides with the calendar year, 

from one time period to the next, and 

is available for use in subsequent time 

periods. 

Quota Transfer 

Under § 635.27(a)(9), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories, after 

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