Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51355 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0363; FRL–9970–00] 

Formaldehyde, Polymer With 1,3- 

Benzenediol, Ethers With Polyethylene 

Glycol Mono-Me Ether; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of formaldehyde, 

polymer with 1,3-benzenediol, ethers 

with polyethylene glycol mono-Me 

ether (CAS Reg. No. 1998118–32–3) 

when used as an inert ingredient in a 

pesticide chemical formulation. Eco 

Verde Technologies, 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 formaldehyde, polymer 

with 1,3-benzenediol, ethers with 

polyethylene glycol mono-Me ether on 

food or feed commodities. 

DATES: This regulation is effective 

November 6, 2017. Objections and 

requests for hearings must be received 

on or before January 5, 2018, 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–2017–0363, 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: 

Michael Goodis, 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–2017–0363 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 January 5, 2018. 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– 

2017–0363, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

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

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Background and Statutory Findings 

In the Federal Register of September 

15, 2017 (82 FR 43352; FRL–9965–43), 

EPA issued a document pursuant to 

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

announcing the receipt of a pesticide 

petition (PP) IN–11042 filed by Eco 

Verde Technologies, Inc., 400 NW. 

172nd Avenue, Pembroke Pines, FL. 

The petition requested that 40 CFR 

180.960 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of formaldehyde, 

polymer with 1,3-benzenediol, ethers 

with polyethylene glycol mono-Me 

ether (CAS Reg. No. 1998118–32–3). 

That document included a summary of 

the petition prepared by the petitioner 

and solicited comments on the 

petitioner’s request. There were no 

comments received 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 


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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). Formaldehyde, polymer 

with 1,3-benzenediol, ethers with 

polyethylene glycol mono-Me ether 

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 a cationic or 

potentially cationic polymer with low 

cationic density (the percent of cationic 

or potentially cationic species with 

respect to the overall weight of 

polymer). 

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 MW of 1,000,000 daltons is 

greater than 1,000 daltons. The polymer 

contains less than 2% oligomeric 

material below MW 500 and less than 

5% oligomeric material below MW 

1,000, and the polymer does not contain 

any reactive functional groups. 

Thus, formaldehyde, polymer with 

1,3-benzenediol, ethers with 

polyethylene glycol mono-Me ether 

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 

formaldehyde, polymer with 1,3- 

benzenediol, ethers with polyethylene 

glycol mono-Me ether. 

IV. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 

formaldehyde, polymer with 1,3- 

benzenediol, ethers with polyethylene 

glycol mono-Me ether could be present 

in all raw and processed agricultural 

commodities and drinking water, and 

that non-occupational non-dietary 

exposure was possible. The minimum 

number average MW of formaldehyde, 

polymer with 1,3-benzenediol, ethers 

with polyethylene glycol mono-Me 

ether is 1,000,000 daltons. Generally, a 

polymer of this size would be poorly 

absorbed through the intact 

gastrointestinal tract or through intact 

human skin. Since formaldehyde, 

polymer with 1,3-benzenediol, ethers 

with polyethylene glycol mono-Me 

ether 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 formaldehyde, 

polymer with 1,3-benzenediol, ethers 

with polyethylene glycol mono-Me 

ether to share a common mechanism of 

toxicity with any other substances, and 

formaldehyde, polymer with 1,3- 

benzenediol, ethers with polyethylene 

glycol mono-Me ether does not appear 

to produce a toxic metabolite produced 

by other substances. For the purposes of 

this tolerance action, therefore, EPA has 

assumed that formaldehyde, polymer 

with 1,3-benzenediol, ethers with 

polyethylene glycol mono-Me ether 

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 formaldehyde, polymer with 

1,3-benzenediol, ethers with 

polyethylene glycol mono-Me ether, 

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 


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Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51357 

residues of formaldehyde, polymer with 

1,3-benzenediol, ethers with 

polyethylene glycol mono-Me ether. 

VIII. Other Considerations 

A. 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. 

B. 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 formaldehyde, polymer with 1,3- 

benzenediol, ethers with polyethylene 

glycol mono-Me ether. 

IX. Conclusion 

Accordingly, EPA finds that 

exempting residues of formaldehyde, 

polymer with 1,3-benzenediol, ethers 

with polyethylene glycol mono-Me 

ether 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: October 20, 2017. 

Michael Goodis, 

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 

polymer to the table to read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*******

Formaldehyde, polymer with 1,3-benzenediol, ethers with polyethylene glycol mono-Me ether, minimum number average molecular weight (in amu) 1,000,000 ........................................................................................................................................................ 1998118–32–3 

* * * * * * * 


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51358 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 

[FR Doc. 2017–24111 Filed 11–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

48 CFR Parts 22 and 52 

ZRIN 1290–ZA02 

Guidance for Executive Order 13673, 

‘‘Fair Pay and Safe Workplaces’’ 

AGENCY: Department of Labor. 

ACTION: Final guidance; rescission. 

SUMMARY: Under the Congressional 

Review Act, Congress has passed, and 

the President has signed, Public Law 

115–11, a resolution of disapproval of 

the rule promulgated by the Department 

of Defense, General Services 

Administration, and National 

Aeronautics and Space Administration 

to implement Executive Order 13673, 

Fair Pay and Safe Workplaces, as 

amended (the ‘‘Order’’). Additionally, 

the President has issued an Executive 

Order revoking the Order, and directing 

all executive departments and agencies, 

as appropriate and to the extent 

consistent with law, to consider 

promptly rescinding any orders, rules, 

regulations, guidance, guidelines, or 

policies implementing or enforcing the 

Order. Accordingly, the Department of 

Labor is rescinding its guidance on the 

Order, published on August 25, 2016. 

DATES: Effective November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Swirsky, Deputy Assistant 

Secretary for Policy, U.S. Department of 

Labor, Room S–2312, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone: (202) 693–5959 (this is not a 

toll-free number). Copies of this notice 

may be obtained in alternative formats 

(large print, Braille, audio tape or disc), 

upon request, by calling (202) 693–5959 

(this is not a toll-free number). TTY/ 

TDD callers may dial toll-free [1–877– 

889–5627] to obtain information or 

request materials in alternative formats. 

SUPPLEMENTARY INFORMATION: On July 

31, 2014, President Barack Obama 

issued Executive Order 13673, Fair Pay 

and Safe Workplaces. 79 FR 45309. 

Executive Order 13673 was amended 

twice, first by section 3 of Executive 

Order 13683 on December 11, 2014, 79 

FR 75041, and again by Executive Order 

13738 on August 23, 2016, 81 FR 58807. 

The Order directed the Federal 

Acquisition Regulatory Council (‘‘FAR 

Council’’) to amend its regulations 

consistent with the Order’s 

requirements, and directed the Secretary 

of Labor (‘‘Secretary’’) to develop 

guidance to assist agencies in 

implementing the Order. After notice 

and comment, the final rule and 

guidance were published on August 25, 

2016. 81 FR 58562 (FAR Council’s rule); 

81 FR 58654 (Secretary’s guidance). On 

October 24, 2016, the United States 

District Court for the Eastern District of 

Texas issued a preliminary injunction 

partially enjoining the FAR Council’s 

rule and the Secretary’s guidance. See 

Associated Builders & Contractors of Se. 

Texas v. Rung, No. 1:16–CV–425, 2016 

WL 8188655 (E.D. Tex. Oct. 24, 2016). 

On October 25, 2016, the FAR Council 

issued a memorandum directing that all 

steps necessary be taken to ensure that 

the enjoined provisions of the rule 

would not be implemented while the 

injunction was in force. On December 

16, 2016, the Department of Defense, 

General Services Administration, and 

National Aeronautics and Space 

Administration, on behalf of the FAR 

Council, amended the FAR Council’s 

rule to conform to the district court’s 

injunction. 81 FR 91636. 

On March 27, 2017, President Donald 

Trump signed Public Law 115–11, a 

resolution of disapproval of the FAR 

Council’s rule under the Congressional 

Review Act, 5 U.S.C. 801 et seq. The 

resolution had previously passed the 

House of Representatives on February 2, 

2017 and the Senate on March 6, 2017. 

See 163 Cong. Rec. S1601 (daily ed. 

Mar. 6, 2017); 163 Cong. Rec. H907 

(daily ed. Feb. 2, 2017). Under the 

Congressional Review Act, a rule shall 

not take effect or continue if a joint 

resolution of disapproval of the rule is 

enacted. 5 U.S.C. 801(b)(1). 

Additionally, on March 27, 2017, 

President Trump issued Executive 

Order 13782, revoking Executive Order 

13673, section 3 of Executive Order 

13683, and Executive Order 13738, and 

directing all executive departments and 

agencies, ‘‘as appropriate and to the 

extent consistent with law, [to] consider 

promptly rescinding any orders, rules, 

regulations, guidance, guidelines, or 

policies implementing or enforcing the 

revoked Executive Orders and revoked 

provision[.]’’ 82 FR 15607. Accordingly, 

the Secretary is hereby rescinding the 

guidance on Fair Pay and Safe 

Workplaces, published on August 25, 

2016. In a separate entry published in 

today’s Federal Register, the 

Department of Defense, General Services 

Administration, and National 

Aeronautics and Space Administration, 

on behalf of the FAR Council, are 

rescinding the FAR Council’s rule. 

Signed this 13th day of October, 2017. 

R. Alexander Acosta, 

Secretary, U.S. Department of Labor. 

[FR Doc. 2017–23588 Filed 11–3–17; 8:45 am] 

BILLING CODE 4510–HL–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[Docket No. FWS–HQ–MB–2015–0073; 

FF09M21200–178–FXMB1231099BPP0] 

RIN 1018–BB06 

Migratory Bird Hunting; Approval of 

Corrosion-Inhibited Copper Shot as 

Nontoxic for Waterfowl Hunting 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: Having completed our review 

of the application materials for 

corrosion-inhibited copper shot, the 

U.S. Fish and Wildlife Service 

(hereinafter Service or we) approves the 

shot for hunting waterfowl and coots. 

We have concluded that this type of 

shot left in terrestrial or aquatic 

environments is unlikely to adversely 

affect fish, wildlife, or their habitats. 

Approving this shot formulation would 

increase the nontoxic shot options for 

hunters. 

DATES: This rule is effective on 

November 6, 2017. 

ADDRESSES: You can view the final 

environmental assessment by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for Docket 

No. FWS–HQ–MB–2015–0073. 

• Request a copy by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: Ron 

Kokel, Division of Migratory Bird 

Management, at 703–358–1967; ronald_

kokel@fws.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Migratory Bird Treaty Act of 1918 

(Act) (16 U.S.C. 703–712 and 16 U.S.C. 

742 a–j) implements migratory bird 

treaties between the United States and 

Great Britain for Canada (1916 and 

1996, as amended), Mexico (1936 and 

1972, as amended), Japan (1972 and 

1974, as amended), and Russia (then the 

Soviet Union, 1978). These treaties 

protect most migratory bird species from 

take, except as permitted under the Act, 

which authorizes the Secretary of the 


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