### 6213 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations

may enforce the rules in this section. In the navigable waters of the United States to which this section applies, when immediate action is required and representatives of the Coast Guard are not present or are not present in sufficient force to provide effective enforcement of this section, any Federal Law Enforcement Officer, Oregon Law Enforcement Officer, or Washington Law Enforcement Officer may enforce the rules contained in this section pursuant to 46 U.S.C. 70118. In addition, the Captain of the Port may be assisted by other federal, state, or local agencies in enforcing this section.

(h) Waiver. The Captain of the Port Columbia River may waive any of the requirements of this section for any vessel or class of vessels upon finding that operational conditions or other circumstances are such that application of this section is unnecessary or impractical for the purpose of port safety or environmental safety.

Dated: January 17, 2013. B.C. Jones, Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2013–01941 Filed 1–29–13; 8:45 am]

**BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 180**

**[EPA–HQ–OPP–2012–0456; FRL–9367–2]**

**Styrene-2-Ethylhexyl Acrylate Copolymer; 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 2-propenoic acid, 2-ethylhexyl ester, polymer withethenylbenzene; also known as styrene2-ethylhexyl acrylate copolymer when used as an inert ingredient in a pesticide chemical formulation. H. B. Fuller Company 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 2- propenoic acid, 2-Ethylhexyl Ester, Polymer with Ethenylbenzene on food or feed commodities.

**DATES :**  This regulation is effective January 30, 2013. Objections and requests for hearings must be received on or before April 1, 2013, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the **SUPPLEMENTARY**
**INFORMATION**).

**ADDRESSES :**  The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2012–0456, 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), EPA West 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 :**  Mark Dow, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW. Washington, DC 20460–0001; telephone number: (703) 305–5533; email address: dow.mark@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://ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab

_02.tpl. C. Can I file an objection or hearing request?

Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2012–0456 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 April 1, 2013. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (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– 2012–0456, 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.htm.

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 22, 2012 (77 FR 50661) (FRL–9358–9), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the receipt of a pesticide petition (PP 2E8033) filed by H.B. Fuller Company (1200 Willow Lake Boulevard, St. Paul, MN 55110–5101). The petition requested that 40 CFR 180.960 be amended by establishing an exemption


### 6214 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations

from the requirement of a tolerance for residues of 2-propenoic acid, 2- ethylhexyl ester, polymer with ethenylbenzene; CAS No. 25153–46–2. That document included a summary of the petition prepared by the petitioner and solicited comments on the petitioner’s request. The Agency did not receive any comments. Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an exemption from the requirement for a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the exemption is ‘‘safe.’’ Section 408(c)(2)(A)(ii) of FFDCA defines ‘‘safe’’ to mean that ‘‘there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.’’ This includes exposure through drinking water and use in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing an exemption from the requirement of a tolerance and to ‘‘ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. * * *’’ and specifies factors EPA is to consider in establishing an exemption. III. Risk Assessment and Statutory Findings

EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be shown that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established.

Consistent with FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action and considered its validity, completeness and reliability and the relationship of this information to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. In the case of certain chemical substances that are defined as polymers, the Agency has established a set of criteria to identify categories of polymers expected to present minimal or no risk. The definition of a polymer is given in 40 CFR 723.250(b) and the exclusion criteria for identifying these low-risk polymers are described in 40 CFR 723.250(d). Styrene-2-ethylhexyl acrylate copolymer conforms to the definition of a polymer given in 40 CFR 723.250(b) and meets the following criteria that are used to identify low-risk polymers.

1. The polymer is not a cationic polymer nor is it reasonably anticipated to become a cationic polymer in a natural aquatic environment.

2. The polymer does contain as an integral part of its composition the atomic elements carbon, hydrogen, and
oxygen.

3. The polymer does not contain as an integral part of its composition, except as impurities, any element other than those listed in 40 CFR 723.250(d)(2)(ii).

4. The polymer is neither designed nor can it be reasonably anticipated to substantially degrade, decompose, or depolymerize.

5. The polymer is manufactured or imported from monomers and/or reactants that are already included on the TSCA Chemical Substance Inventory or manufactured under an applicable TSCA section 5 exemption.

6. The polymer is not a water absorbing polymer with a number average molecular weight (MW) greater than or equal to 10,000 daltons.

Additionally, the polymer also meets as required the following exemption criteria specified in 40 CFR 723.250(e).

7. The polymer’s number average MW of 14,000 daltons is greater than or equal to 10,000 daltons. The polymer contains less than 2% oligomeric material below MW 500 and less than 5% oligomeric material below MW 1,000.

Thus, styrene-2-ethylhexyl acrylate copolymer meets the criteria for a polymer to be considered low risk under 40 CFR 723.250. Based on its conformance to the criteria in this unit, no mammalian toxicity is anticipated from dietary, inhalation, or dermal exposure to styrene-2-ethylhexyl acrylate copolymer. IV. Aggregate Exposures For the purposes of assessing potential exposure under this exemption, EPA considered that styrene-2-ethylhexyl acrylate copolymer could be present in all raw and processed agricultural commodities anddrinking water, and that nonoccupational non-dietary exposure was possible. The number average MW of styrene-2-ethylhexyl acrylate copolymer is 14,000 daltons. Generally, a polymer of this size would be poorly absorbed through the intact gastrointestinal tract or through intact human skin. Since styrene-2-ethylhexyl acrylate copolymer conforms to the criteria that identify a low-risk polymer, there are no concerns for risks associated with any potential exposure scenarios that are reasonably foreseeable. The Agency has determined that a tolerance is not necessary to protect the public health.

V. Cumulative Effects From Substances With a Common Mechanism of Toxicity

Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider ‘‘available information’’ concerning the cumulative effects of a particular pesticide’s residues and ‘‘other substances that have a common mechanism of toxicity.’’

EPA has not found styrene-2- ethylhexyl acrylate copolymer to share a common mechanism of toxicity with any other substances, and styrene-2- ethylhexyl acrylate copolymer does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has assumed that styrene-2-ethylhexyl acrylate copolymer does not have a common mechanism of toxicity with other substances. For information regarding EPA’s efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA’s Web site at http://www.epa.gov/pesticides/ cumulative. VI. Additional Safety Factor for the Protection of Infants and Children

Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base unless EPA concludes that a different margin of safety will be safe for infants and children. Due to the expected low toxicity of styrene-2-ethylhexyl acrylate


### 6215 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations

copolymer, EPA has not used a safety factor analysis to assess the risk. For the same reasons the additional tenfold safety factor is unnecessary. VII. Determination of Safety

Based on the conformance to the criteria used to identify a low-risk polymer, EPA concludes that there is a reasonable certainty of no harm to the U.S. population, including infants and children, from aggregate exposure to residues of styrene-2-ethylhexyl acrylate copolymer.

VIII. Other Considerations
A. Existing Exemptions From a Tolerance

There are no existing exemptions from the requirements of a tolerance. B. Analytical Enforcement Methodology

An analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation.

C. International Residue Limits

In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRLs) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint 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 styrene-2-ethylhexyl acrylate copolymer.

IX. Conclusion

Accordingly, EPA finds that exempting residues of styrene-2- ethylhexyl acrylate copolymer from the requirement of a tolerance will be safe. X. Statutory and Executive Order Reviews

This final rule 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 rules from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this final rule has been exempted from review under Executive Order 12866, this final rule is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq. ), nor does it involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272 note).

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 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, or otherwise have any unique impacts on local governments. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq. ). Although this action does not require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994), EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of anygroup, including minority and/or lowincome populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. As such, to the extent that information is publicly available or was submitted in comments to EPA, the Agency considered whether groups or segments of the population, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticide discussed in this document, compared to the general population. 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: January 23, 2013. Lois Rossi, Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is amended as follows:

**PART 180—[AMENDED]**

■ 1. The authority citation for part 180 continues to read as follows:

Authority: 21 U.S.C. 321(q), 346a and 371.

■ 2. In § 180.960, the table is amended by adding alphabetically the following polymer to read as follows:

**§ 180.960 Polymers; exemptions from the requirement of a tolerance.** 
* * * * *


### 6216 Federal Register / Vol. 78, No. 20 / Wednesday, January 30, 2013 / Rules and Regulations

Polymer CAS No.

* * * * * 2-Propenoic acid, 2-ethylhexyl

ester, polymer withethenylbenzene 14,000 daltons ....................................... 25153–46–2

* * * * *

[FR Doc. 2013–02011 Filed 1–29–13; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF THE INTERIOR**

**Office of the Secretary**

**43 CFR Part 2**

**RIN 1093–AA15**

**Freedom of Information Act Regulations** 

**AGENCY :**  Office of the Secretary, Interior.

**ACTION :**  Final rule; correction.

**SUMMARY :**  This document contains corrections to the final rule published on December 31, 2012 (77 FR 76898). The regulation revises the Department’s Freedom of Information Act regulations.

**DATES :**  Effective January 30, 2013

**FOR FURTHER INFORMATION CONTACT :**  Cindy Cafaro, Office of Executive Secretariat and Regulatory Affairs, 202–

208–5342.

**SUPPLEMENTARY INFORMATION :**  We published a document in the Federal Register on December 31, 2012, revising the Department of the Interior Freedom of Information Act (FOIA) regulations. This document inadvertently omitted amendatory language needed to replace a phrase, to amend a sentence, and to renumber the sections in several redesignated subparts. This publication corrects that omission.

Correction of Publication

Accordingly, the publication on December 31, 2012, of the final rule that was the subject of FR Doc. 2012–31117, is corrected as follows:

■ 1. On page 76902, in the third column, revise numbered instruction 3 to read as follows:

‘‘3. Subpart F (consisting of § 2.41), subpart G (consisting of §§ 2.45 through 2.79), and subpart H (consisting of §§ 2.80 through 2.90) are redesignated as subpart J (consisting of § 2.200), subpart K (consisting of §§ 2.220 through 2.254), and subpart L (consisting of §§ 2.280 through 2.290).’’ ■ 2. On page 76903, in the third column, in § 2.5(d), remove the words ‘‘does not hear from you’’ and add in their place the words ‘‘does not receive a written response.’’

■ 3. On page 76911, in the first column, in paragraph (b)(1), remove the words ‘‘hears from you’’ and add in their place the words ‘‘receives a written response.’’

■ 4. On page 76905, in the first column, add the following sentence at the end of paragraph (h):

If you believe this response was in error, you may file an appeal in accordance with the procedures in § 2.59.

David J. Hayes, Deputy Secretary of the Interior.
[FR Doc. 2013–02064 Filed 1–29–13; 8:45 am]

**BILLING CODE 4310–10–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 4**

**[PS Docket No. 11–82; DA 12–1962]**

**Extension of the Commission’s Rules Regarding Outage Reporting to**  **Interconnected Voice Over Internet Protocol Service Providers and**  **Broadband Internet Service Providers**

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Final rule; correction.

**SUMMARY :**  This document contains a correction to text in the Report and Order, FCC 12–22, adopted on February 15, 2012 and released on February 21, 2012, in PS Docket No. 11–82. The Report and Order was published in the Federal Register on Friday, April 27, 2012. This document also contains a related correction to text in the Federal Register but makes no changes to the final rules.

**DATES :**  This correction is effective January 30, 2013. The rules in the Report and Order contain information collection requirements. The Federal Communications Commission published a document in the Federal Register announcing that OMB approved the information collection and that the rules in the Report and Order became effective December 16, 2012 (77 FR 63757).

**FOR FURTHER INFORMATION CONTACT :**  Gregory Intoccia, Special Counsel, Cybersecurity and Communications Reliability Division, Public Safety and Homeland Security Bureau, (202) 418– 1470 or gregory.intoccia@fcc.gov (email).

**SUPPLEMENTARY INFORMATION :**  On February 21, 2012, the Federal Communications Commission released a Report and Order, FCC 12–22, in PS Docket No. 11–82, which was published at 27 FCC Rcd 2650 (2012). Under delegated authority, the Public Safety and Homeland Security Bureau of the Federal Communications Commission adopted and released Order DA 12–1962 on December 6, 2012. Order DA 12– 1962, an Erratum, made a correction to the second sentence of paragraph 89 of the Report and Order. Specifically, in paragraph 89, in the second sentence, the phrase ‘‘(1) that potentially affects at least 900,000 users;’’ was corrected to read as ‘‘(1) that potentially affects at least 900,000 user minutes of interconnected VoIP service and results in complete loss of service;’’. The change was made to correct some inconsistency with the related rule and with text in several other places in the Report in Order reflecting language identical to the rule. In FR Doc. 2012– 9749, which appears on pages 25088 through 25097 in the Federal Register of Friday, April 27, 2012 (77 FR 25088), the following correction is made:

On page 25094, the first column in the Discussion section, paragraph 52. second sentence, ‘‘We apply to interconnected VoIP service providers the obligation to report when they have experienced, on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration: (1) That potentially affects at least 900,000 users; * * *’’ is corrected to read ‘‘We apply to interconnected VoIP service providers the obligation to report when they have experienced, on any facilities that they own, operate, lease, or otherwise utilize, an outage of at least 30 minutes duration: (1) That potentially affects at least 900,000 user minutes of interconnected VoIP service and results in complete loss of service;
* * *.’’

The Bureau has not changed the text of the final rules that amended 47 CFR part 4.

Federal Communications Commission. David S. Turetsky, Chief, Public Safety and Homeland Security
Bureau.
[FR Doc. 2013–01996 Filed 1–29–13; 8:45 am]

**BILLING CODE 6712–01–P**