76640 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0465; FRL–9936–91] 

Polyester Polyol 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 D-glucitol, 

polymer with decanedioic acid, 

octadecanoate; D-glucitol, polymer with 

decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

docosanoate; D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

octadecanoate; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid, 

1,3-propanediol and stearic acid; fatty 

acids, C18-unsatd., dimers, polymers 

with sorbitol and stearic acid; fatty 

acids, C18-unsatd., dimers, polymers 

with 1,3-propanediol, sorbitol and 

stearic acid; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol; and fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol when used as inert ingredients 

in a pesticide chemical formulation. 

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 D-glucitol, polymer with 

decanedioic acid, octadecanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, octadecanoate; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

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

polymers with docosanoic acid, 1,3- 

propanediol and stearic acid; fatty acids, 

C18-unsatd., dimers, polymers with 

sorbitol and stearic acid; fatty acids, C18- 

unsatd., dimers, polymers with 1,3- 

propanediol, sorbitol and stearic acid; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

sorbitol; and fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid, 

1,3-propanediol and sorbitol on food or 

feed commodities. 

DATES: This regulation is effective 

December 10, 2015. Objections and 

requests for hearings must be received 

on or before February 8, 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–2015–0465, 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. 

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–2015–0465 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 8, 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– 

2015–0465, 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 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–10830) filed by Spring 

Trading Company, 203 Dogwood Trl., 

Magnolia, TX 77354 (on behalf of Croda, 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations 76641 

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 D-glucitol, polymer with decanedioic 

acid, octadecanoate (CAS Reg. No. 

68562–93–6); D-glucitol, polymer with 

decanedioic acid, docosanoate (CAS 

Reg. No. 943440–33–3); D-glucitol, 

polymer with decanedioic acid, 

docosanoate (CAS Reg. No. 1681043– 

28–6); D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

docosanoate (CAS Reg. No. 1681043– 

31–1); D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

octadecanoate (CAS Reg. No. 1681043– 

33–3); fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

sorbitol (CAS Reg. No. 1685270–83–0); 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid, 1,3- 

propanediol and stearic acid (CAS Reg. 

No. 1685270–84–1); fatty acids, C18- 

unsatd., dimers, polymers with sorbitol 

and stearic acid (CAS Reg. No. 

1685270–99–8); fatty acids, C18-unsatd., 

dimers, polymers with 1,3-propanediol, 

sorbitol and stearic acid (CAS Reg, No. 

1685271–01–5); fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol (CAS Reg. No. 1685271–02– 

6); and fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid, 1,3- 

propanediol and sorbitol. 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). 

D-Glucitol, polymer with decanedioic 

acid, octadecanoate; D-glucitol, polymer 

with decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

docosanoate; D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

octadecanoate; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid, 

1,3-propanediol and stearic acid; fatty 

acids, C18-unsatd., dimers, polymers 

with sorbitol and stearic acid; fatty 

acids, C18-unsatd., dimers, polymers 

with 1,3-propanediol, sorbitol and 

stearic acid; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol; and fatty acids, C18- 

unsatd., dimers, polymers with 

docosanoic acid, 1,3-propanediol and 

sorbitol conform to the definition of a 

polymer given in 40 CFR 723.250(b) and 

meet 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 minimum number 

average molecular weight is greater 

1,000 Daltons. The oligomer content is 

less than 10% (w/w) below a number 

average molecular weight of 500 and 

less than 25% (w/w) below a number 

average molecular weight of 1,000. 

Thus, D-glucitol, polymer with 

decanedioic acid, octadecanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, octadecanoate; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

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

polymers with docosanoic acid, 1,3- 

propanediol and stearic acid; fatty acids, 

C18-unsatd., dimers, polymers with 

sorbitol and stearic acid; fatty acids, C18- 

unsatd., dimers, polymers with 1,3- 

propanediol, sorbitol and stearic acid; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

sorbitol; 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 


Lhorne on DSK5TPTVN1PROD with RULES
76642 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations 

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 

molecular weight of each of these 

polymers is 1,100 Daltons. Generally, 

polymers 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 that 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 do 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 D-glucitol, polymer with 

decanedioic acid, octadecanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, octadecanoate; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

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

polymers with docosanoic acid, 1,3- 

propanediol and stearic acid; fatty acids, 

C18-unsatd., dimers, polymers with 

sorbitol and stearic acid; fatty acids, C18- 

unsatd., dimers, polymers with 1,3- 

propanediol, sorbitol and stearic acid; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

sorbitol; and fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid, 

1,3-propanediol and sorbitol. 

VIII. Other Considerations 

A. Existing Exemptions From a 

Tolerance 

There are no existing tolerance 

exemptions for this polymer. 

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, 

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 D-glucitol, polymer with 

decanedioic acid, octadecanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, docosanoate; Dglucitol, polymer with decanedioic acid 

and 1,3-propanediol, octadecanoate; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

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

polymers with docosanoic acid, 1,3- 

propanediol and stearic acid; fatty acids, 

C18-unsatd., dimers, polymers with 

sorbitol and stearic acid; fatty acids, C18- 

unsatd., dimers, polymers with 1,3- 

propanediol, sorbitol and stearic acid; 

fatty acids, C18-unsatd., dimers, 

polymers with docosanoic acid and 

sorbitol; and fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid, 

1,3-propanediol and sorbitol. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of D-glucitol, 

polymer with decanedioic acid, 

octadecanoate; D-glucitol, polymer with 

decanedioic acid, docosanoate; Dglucitol, polymer with decanedioic acid, 

docosanoate; D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

docosanoate; D-glucitol, polymer with 

decanedioic acid and 1,3-propanediol, 

octadecanoate; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid, 

1,3-propanediol and stearic acid; fatty 

acids, C18-unsatd., dimers, polymers 

with sorbitol and stearic acid; fatty 

acids, C18-unsatd., dimers, polymers 

with 1,3-propanediol, sorbitol and 

stearic acid; fatty acids, C18-unsatd., 

dimers, polymers with docosanoic acid 

and sorbitol; 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 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations 76643 

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 23, 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 § 180.960, add alphabetically the 

polymers to the table to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*******

D-Glucitol, polymer with decanedioic acid, docosanoate, minimum number average molecular weight (in amu) 1,100 .............. 943440–33–3 

D-Glucitol, polymer with decanedioic acid, docosanoate, minimum number average molecular weight (in amu) 1,100 .............. 1681043–28–6 

D-Glucitol, polymer with decanedioic acid, octadecanoate, minimum number average molecular weight (in amu) 1,100 ........... 68562–93–6 

D-Glucitol, polymer with decanedioic acid and 1,3-propanediol, minimum number average molecular weight (in amu) 1,100 .... 1681043–31–1 

D-Glucitol, polymer with decanedioic acid and 1,3-propanediol, octadecanoate, minimum number average molecular weight 

(in amu) 1,100 .............................................................................................................................................................................. 1681043–33–3 

* * * * * * * 

Fatty acids, C18-unsatd., dimers, polymers with docosanoic acid and sorbitol, minimum number average molecular weight (in 

amu) 1,100 ................................................................................................................................................................................... 1685270–83–0 

Fatty acids, C18-unsatd., dimers, polymers with docosenoic acid and sorbitol, minimum number average molecular weight (in 

amu) 1,100 ................................................................................................................................................................................... 1685271–02–6 

Fatty acids, C18-unsatd., dimers, polymers with docosenoic acid, 1,3-propanediol and sorbitol, minimum number average molecular weight (in amu) 1,100 ...................................................................................................................................................... 1685271–04–8 

Fatty acids, C18-unsatd., dimers, polymers with docosanoic acid, 1,3-propanediol and stearic acid, minimum number average 

molecular weight (in amu) 1,100 ................................................................................................................................................. 1685270–84–1 

Fatty acids, C18-unsatd., dimers, polymers with 1,3-propanediol, sorbitol and stearic acid ........................................................... 1685271–01–5 

Fatty acids, C18-unsatd., dimers, polymers with sorbitol and stearic acid, minimum number average molecular weight (in amu) 

1,100 ............................................................................................................................................................................................ 1685270–99–8 

*******

[FR Doc. 2015–30510 Filed 12–9–15; 8:45 am] 

BILLING CODE 6560–50–P 


Lhorne on DSK5TPTVN1PROD with RULES
76644 Federal Register / Vol. 80, No. 237 / Thursday, December 10, 2015 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2015–0001] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Dated: November 18, 2015. 

Roy E. Wright, 

Deputy Associate Administrator for Insurance 

and Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

* Elevation in feet 

(NGVD) 

+ Elevation in feet 

(NAVD) 

# Depth in feet 

above ground 

∧Elevation in 

meters (MSL) 

Modified 

Communities 

affected 

Montgomery County, Pennsylvania (All Jurisdictions) 

Docket No.: FEMA–B–1175 

Blair Mill Run ............................ At the Pennypack Creek confluence ................................... +211 Borough of Hatboro, Township of Horsham, Township of Upper Moreland. 

At the downstream side of County Line Road .................... +261 

Blair Mill Run Tributary ............. At the upstream side of West Monument Avenue .............. +228 Borough of Hatboro. 

At the downstream side of East County Line Road ........... +252 

Huntingdon Valley Creek .......... Approximately 800 feet downstream of Red Lion Road ..... +120 Borough of Bryn Athyn, 

Township of Lower 

Moreland. 

Approximately 0.9 mile upstream of Byberry Road ............ +267 

Meadow Brook .......................... At the Pennypack Creek confluence ................................... +118 Township of Abington, Township of Lower Moreland. 


Lhorne on DSK5TPTVN1PROD with RULES