94-5295. Maleic Acid Monoethyl Ester-Vinyl Methyl Ether Copolymer, Maleic Acid Monoisopropyl Ester-Vinyl Methyl Ether Copolymer, Maleic Acid Monobutyl Ester-Vinyl Methyl Ether Copolymer; Tolerance Exemptions  

  • [Federal Register Volume 59, Number 46 (Wednesday, March 9, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-5295]
    
    
    [[Page Unknown]]
    
    [Federal Register: March 9, 1994]
    
    
    -----------------------------------------------------------------------
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 180
    
    [OPP-300318A; FRL-4760-3]
    RIN 2070-AB78
    
     
    
    Maleic Acid Monoethyl Ester-Vinyl Methyl Ether Copolymer, Maleic 
    Acid Monoisopropyl Ester-Vinyl Methyl Ether Copolymer, Maleic Acid 
    Monobutyl Ester-Vinyl Methyl Ether Copolymer; Tolerance Exemptions
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: This document establishes exemptions from the requirement of a 
    tolerance for residues of maleic acid monoethyl ester-vinyl methyl 
    ether copolymer, maleic acid monoisopropyl ester-vinyl methyl ether 
    copolymer, and maleic acid monobutyl ester-vinyl methyl ether copolymer 
    when used as inert ingredients (seed-coating adhesives, gels, and 
    antitranspirants) in pesticide formulations applied to growing crops, 
    raw agricultural commodities after harvest, and animals. International 
    Specialty Products requested this regulation.
    
    EFFECTIVE DATE: This regulation becomes effective March 9, 1994.
    
    ADDRESSES: Written objections and hearing requests, identified by the 
    document control number, [OPP-300318A], may be submitted to: Hearing 
    Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
    SW., Washington, DC 20460. A copy of any objections and hearing 
    requests filed with the Hearing Clerk should be identified by the 
    document control number and submitted to: Public Response and Program 
    Resources Branch, Field Operations Division (7506C), Office of 
    Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460. In person, bring copy of objections and hearing 
    request to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 
    22202. Fees accompanying objections shall be labeled ``Tolerance 
    Petition Fees'' and forwarded to: EPA Headquarters Accounting 
    Operations Branch, OPP (Tolerance Fees), P.O. Box 360277M, Pittsburgh, 
    PA 15251.
    
    FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration 
    Division (7505W), Environmental Protection Agency, 401 M St., SW., 
    Washington, DC 20460. Office location and telephone number: 2800 
    Crystal Drive, North Tower, 6th Floor, Arlington, VA 22202, (703)-308-
    8320.
    
    SUPPLEMENTARY INFORMATION: In the Federal Register of January 12, 1994 
    (59 FR 1702), EPA issued a proposed rule that gave notice that 
    International Specialty Products, 1361 Alps Rd., Wayne, NJ 07470, had 
    submitted to EPA the following pesticide petitions (PPs): (1) 3E4243, 
    maleic acid monoethyl ester-vinyl methyl ether copolymer; (2) 3E4248, 
    maleic acid monisopropyl ester-vinyl methyl ether copolymer; and (3) 
    3E4247, maleic acid monobutyl ester-vinyl methyl ether copolymer 
    requesting that the Administrator pursuant to section 408(e) of the 
    Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a(e), propose to 
    amend 40 CFR 180.1001(c) and (e) by establishing exemptions from the 
    requirement of a tolerance for residues of these copolymers when used 
    as inert ingredients (seed-coating adhesives, gels, and 
    antitranspirants) in pesticide formulations applied to growing crops or 
    to raw agricultural commodities after harvest, and to animals.
        Inert ingredients are all ingredients that are not active 
    ingredients as defined in 40 CFR 153.125 and include, but are not 
    limited to, the following types of ingredients (except when they have a 
    pesticidal efficacy of their own): solvents such as alcohols and 
    hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
    acids; carriers such as clay and diatomaceous earth; thickeners such as 
    carrageenan and modified cellulose; wetting, spreading, and dispersing 
    agents; propellants in aerosol dispensers; microencapsulating agents; 
    and emulsifiers. The term ``inert'' is not intended to imply 
    nontoxicity; the ingredient may or may not be chemically active. -
        There were no comments or requests for referral to an advisory 
    committee received in response to the proposed rule.
        The data submitted relevant to the proposal and other relevant 
    material have been evaluated and discussed in the proposed rule. Based 
    on the data and information considered, the Agency concludes that the 
    tolerance exemptions will protect the public health. Therefore, the 
    tolerance exemptions are established as set forth below.
        Any person adversely affected by this regulation may, within 30 
    days after publication of this document in the Federal Register, file 
    written objections and/or request a hearing with the Hearing Clerk, at 
    the address given above (40 CFR 178.20). A copy of the objections and/
    or hearing requests filed with the Hearing Clerk should be submitted to 
    the OPP docket for this rulemaking. The objections submitted must 
    specify the provisions of the regulation deemed objectionable and the 
    grounds for the objections (40 CFR 178.25). Each objection must be 
    accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is 
    requested, the objections must include a statement of the factual 
    issue(s) on which a hearing is requested, the requestor's contentions 
    on such issues, and a summary of any evidence relied upon by the 
    objector (40 CFR 178.27). A request for a hearing will be granted if 
    the Administrator determines that the material submitted shows the 
    following: There is a genuine and substantial issue of fact; there is a 
    reasonable possibility that available evidence identified by the 
    requestor would, if established, resolve one or more of such issues in 
    favor of the requestor, taking into account uncontested claims or facts 
    to the contrary; and resolution of the factual issue(s) in the manner 
    sought by the requestor would be adequate to justify the action 
    requested (40 CFR 178.32).
        Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
    must determine whether the regulatory action is ``significant'' and 
    therefore subject to review by the Office of Management and Budget 
    (OMB) and the requirements of the Executive Order. Under section 3(f), 
    the order defines a ``significant regulatory action'' as an action that 
    is likely to result in a rule (1) having an annual effect on the 
    economy of $100 million or more, or adversely and materially affecting 
    a sector of the economy, productivity, competition, jobs, the 
    environment, public health or safety, or State, local, or tribal 
    governments or communities (also referred to as ``economically 
    significant''); (2) creating serious inconsistency or otherwise 
    interfering with an action taken or planned by another agency; (3) 
    materially altering the budgetary impacts of entitlement, grants, user 
    fees, or loan programs or the rights and obligations of recipients 
    thereof; or (4) raising novel legal or policy issues arising out of 
    legal mandates, the President's priorities, or the principles set forth 
    in this Executive Order.
        Pursuant to the terms of the Executive Order, EPA has determined 
    that this rule is not ``significant'' and is therefore not subject to 
    OMB review.
        Pursuant to the requirements of the Regulatory Flexibility Act 
    (Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
    has determined that regulations establishing new tolerances or raising 
    tolerance levels or establishing exemptions from tolerance requirements 
    do not have a significant economic impact on a substantial number of 
    small entities. A certification statement to this effect was published 
    in the Federal Register of May 4, 1981 (46 FR 24950).
    
    List of Subjects in 40 CFR Part 180
    
        Environmental protection, Administrative practice and procedure, 
    Agricultural commodities, Pesticides and pests, Reporting and 
    recordkeeping requirements.
    
        Dated: February 28, 1994.
    
    Douglas D. Campt,
    Director, Office of Pesticide Programs.
    
        Therefore, 40 CFR part 180 is amended as follows:
    
    PART 180--[AMENDED]
    
        1. The authority citation for part 180 continues to read as 
    follows:
    
        Authority: 21 U.S.C. 346a and 371.
    
        2. In Sec. 180.1001, by amending paragraphs (c) and (e) in the 
    tables therein by adding and alphabetically inserting the following 
    inert ingredients, to read as follows:
    
    
    Sec. 180.1001   Exemptions from the requirement of a tolerance.
    
    * * * * *
        (c) *  *  *
    
    ------------------------------------------------------------------------
        Inert ingredients            Limits                   Uses          
    ------------------------------------------------------------------------
                                                                            
                                  * * * * * * *                             
    Maleic acid monoethyl      ..................  Seed-coating adhesive,   
     ester-vinyl methyl ether                       gel, and                
     copolymer, CAS No. 25087-                      antitranspirant.        
     06-3, minimum average                                                  
     molecular weight 46,000.                                               
    Maleic acid monoisopropyl  ..................  Seed-coating adhesive,   
     ester-vinyl methyl ether                       gel, and                
     copolymer, CAS No. 31307-                      antitranspirant.        
     95-6, minimum average                                                  
     molecular weight 49,000.                                               
    Maleic acid monobutyl      ..................  Seed-coating adhesive,   
     ester-vinyl methyl ether                       gel, and                
     copolymer, CAS No. 25119-                      antitranspirant.        
     68-0, minimum average                                                  
     molecular weight 52,000..                                              
                                                                            
                                  * * * * * * *                             
    ------------------------------------------------------------------------
    
    * * * * *
        (e) *  *  *
    
    ------------------------------------------------------------------------
        Inert ingredients            Limits                   Uses          
    ------------------------------------------------------------------------
                                                                            
                                  * * * * * * *                             
    Maleic acid monoethyl      ..................  Seed-coating adhesive,   
     ester-vinyl methyl ether                       gel, and                
     copolymer, CAS No. 25087-                      antitranspirant.        
     06-3, minimum average                                                  
     molecular weight 46,000.                                               
    Maleic acid monoisopropyl  ..................  Seed-coating adhesive,   
     ester-vinyl methyl ether                       gel, and                
     copolymer, CAS No. 31307-                      antitranspirant.        
     95-6, minimum average                                                  
     molecular weight 49,000.                                               
    Maleic acid monobutyl      ..................  Seed-coating adhesive,   
     ester-vinyl methyl ether                       gel, and                
     copolymer, CAS No. 25119-                      antitranspirant.        
     68-0, minimum average                                                  
     molecular weight 52,000..                                              
                                                                            
                                  * * * * * * *                             
    ------------------------------------------------------------------------
    
    
    [FR Doc. 94-5295 Filed 3-8-94; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Effective Date:
3/9/1994
Published:
03/09/1994
Department:
Environmental Protection Agency
Entry Type:
Uncategorized Document
Action:
Final rule.
Document Number:
94-5295
Dates:
This regulation becomes effective March 9, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 9, 1994, OPP-300318A, FRL-4760-3
RINs:
2070-AB78
CFR: (1)
40 CFR 180.1001