[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15681]
[[Page Unknown]]
[Federal Register: June 29, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300329A; FRL-4864-5]
RIN 2070-AB78
12-Hydroxystearic Acid-Polyethylene Glycol Copolymer and Methyl
Methacrylate-Methacrylic Acid-Monomethoxypolyethylene Glycol
Methacrylate Copolymer; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document establishes an exemption from the requirement of
a tolerance for residues of 12-hydroxystearic acid-polyethylene glycol
copolymer (CAS Reg. No. 70142-34-6) and methyl methacrylate-methacrylic
acid- monomethoxypolyethylene glycol methacrylate copolymer when used
as inert ingredients (suspending agents, dispersing agents,
surfactants, related adjuvants) in pesticide formulations applied to
growing crops or to raw agricultural commodities after harvest. This
regulation was requested by ICI Americas, Inc.
EFFECTIVE DATE: This regulation becomes effective June 29, 1994.
ADDRESSES: Written objections, identified by the document control
number [OPP-300329A], may be submitted to: Hearing Clerk (1900),
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Tina Levine, Registration Support
Branch, Environmental Protection Agency, 401 M St., SW., Washington, DC
20460. Office location and telephone number: 2800 Crystal Dr., 6th Fl.,
North Tower, Arlington, VA 22202, (703)-308-8393.
SUPPLEMENTARY INFORMATION: In the Federal Register of March 30, 1994
(59 FR 14822), EPA issued a proposed rule that gave notice that ICI
Americas, Inc., Safety Health Environmental Affairs Group, Wilmington,
DE 19897, submitted pesticide petitions (PPs) 3E4199 and 3E4202
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) by establishing an exemption from the
requirement of a tolerance for residues of 12-hydroxystearic acid-
polyethylene glycol copolymer (PP 3E4199) and methyl methacrylate-
methacrylic acid-monomethoxypolyethylene glycol methacrylate copolymer
(PP 3E4202) when used as inert ingredients (surfactants) in pesticide
formulations applied to growing crops or to raw agricultural
commodities after harvest.
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.
One comment has been received in response to the proposed rule.
This comment was from the petitioner, who noted that the proposal had
incorrectly listed the CAS number of 12-hydroxystearic acid-
polyethylene glycol copolymer as pertaining to methyl methacrylate
copolymer. This error has been corrected. In addition, the petitioner
noted that the original request for an exemption from tolerance had
indicated that both copolymers could be used as suspending agents,
dispersing agents, surfactants, or related adjuvants in pesticide
formulations applied to growing crops or to raw agricultural
commodities after harvest rather than solely as surfactants as was
inadvertently proposed. Since the basis of the exemption is a low
concern for toxicity based on the polymeric nature of these materials
and is not use-specific, the originally requested uses have been added
to the listing.
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 or 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, Recording and
recordkeeping requirements.
Dated: June 10, 1994.
Daniel M. Barolo,
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. Section 180.1001(c) is amended by adding and alphabetically
inserting the inert ingredients, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
* * * * *
(c) * * *
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Inert ingredients Limits Uses
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* * * * * * *
12-Hydroxy-stearic acid- .................. Suspending agent,
poly-ethylene glycol dispersing agent,
copolymer (CAS Reg. No. surfactants, related
70142-34-6), minimum adjuvants.
number average molecular
weight 5,000..
* * * * * * *
Methyl methacrylate- .................. Suspending agent,
methacrylic acid-mono- dispersing agent,
methoxy-polyethylene surfactants, related
glycol methacrylate adjuvants.
copolymer, minimum
number-average molecular
weight 18,000..
* * * * * * *
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* * * * *
[FR Doc. 94-15681 Filed 6-28-94; 8:45 am]
BILLING CODE 6560-50-F
