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Federal Register / Vol. 86, No. 94 / Tuesday, May 18, 2021 / Rules and Regulations
Friday, excluding legal holidays. The Docket Facility telephone number is 703 3055805.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Reading Room is closed to visitors with limited exceptions. The staff continues to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit https
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Marietta Echeverria, Registration Division 7505P, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 204600001; telephone number: 703 3057090; 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. Potentially affected entities may include, but are not limited to:
Crop production NAICS code 111.
Animal production NAICS code 112.
Food manufacturing NAICS code 311.
Pesticide manufacturing NAICS
code 32532.
This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System NAICS codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

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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 Publishing Offices 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 408g, 21
U.S.C. 346a, any person may file an
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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 EPAHQ
OPP20210155 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 July 19, 2021. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR
178.25b.
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 that does not contain any 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 a copy of your non-CBI objection or hearing request, identified by docket ID number EPAHQOPP20210155, by one of the following methods.
Federal eRulemaking Portal: http
www.regulations.gov. Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs OPP Regulatory Public Docket 7502P, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
204600001.
Delivery: OPP Regulatory Public Docket 7502P, Environmental Protection Agency, Rm. S4400, One Potomac Yard South Bldg., 2777 S
Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facilitys normal hours of operation 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.
Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is 703 3055805.
II. Background and Statutory Findings In the Federal Register of March 22, 2021 86 FR 15162 FRL1002144, EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C. 346a, announcing the receipt of a pesticide petition PP IN11496 filed by AgChem Consulting LLC 12644 Chapel Rd., Clifton, VA 20124 on behalf of Corbet Scientific LLC, Route 100, Briarcliff Manor, NY 10510. The petition requested that 40 CFR 180.960
be amended by establishing an exemption from the requirement of a tolerance for residues of C1023 alkyl group-containing alkali-soluble acrylic emulsion polymer; CAS Reg. No.

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174127243. That notice included a summary of the petition prepared by the petitioner and solicited comments on the petitioners request. The Agency did not receive any comments.
Section 408c2Ai 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 408c2Aii 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 408b2C 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 408b2D, 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
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