Federal Register / Vol. 65, No. 36 / Wednesday, February 23, 2000 / Rules and Regulations 8867
List of Subjects in 40 CFR Part 180 ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: By AGENCY mail: Indira Gairola, Registration Environmental protection, Division (7505C), Office of Pesticide Administrative practice and procedure, 40 CFR Part 180 Programs, Environmental Protection Agricultural commodities, Pesticides Agency, 1200 Pennsylvania Avenue and pests, Reporting and recordkeeping [OPP±300970; FRL±6490±7] NW, Washington, DC 20460; telephone requirements. number: (703) 308–6379 and e-mail Dated: February 15, 2000. RIN 2070±AB78 address: [email protected]. SUPPLEMENTARY INFORMATION: James Jones, Acrylic Graft Copolymer, Polyester Director, Registration Division, Office of Block Copolymer and Polyester I. General Information Pesticide Programs. Random Copolymer; Tolerance A. Does This Action Apply to Me? Therefore, 40 CFR chapter I is Exemption You may be affected by this action if amended as follows: AGENCY: Environmental Protection you are an agricultural producer, food PART 180Ð[AMENDED] Agency (EPA). manufacturer, or pesticide ACTION: Final rule. manufacturer. Potentially affected 1. The authority citation for part 180 categories and entities may include, but continues to read as follows: SUMMARY: This regulation establishes an are not limited to: exemption from the requirement of a Authority: 21 U.S.C. 321(q), 346a and 371. tolerance for residues of the polymers Cat- Examples of Potentially egories NAICS Affected Entities 2. Section 180.471 is revised to read methyl methacrylate-methacrylic acid- as follows: monomethoxypolyethylene glycol Industry 111 Crop production methacrylate copolymer minimum 112 Animal production § 180.471 Furilazole; tolerances for number average molecular weight (in 311 Food manufacturing residues. amu) 2,730, also known as acrylic graft 32532 Pesticide manufacturing copolymer; 12-hydroxystearic acid- (a) General. Tolerances to expire polyethylene glycol copolymer This listing is not intended to be February 25, 2002 are established for minimum number average molecular exhaustive, but rather provides a guide residues of furilazole; 3-dichloroacetyl- weight (in amu) 3,690, also known as for readers regarding entities likely to be 5-(2-furanyl)-2,2-dimethyloxazolidine) polyester block copolymer; and affected by this action. Other types of (CAS Reg. No.121776–33–8) when used polyethylene glycol-polyisobutenyl entities not listed in the table could also as an inert ingredient (safener) in anhydride-tall oil fatty acid copolymer be affected. The North American pesticide formulations in or on the also known as polyester random Industrial Classification System following raw agricultural commodities: copolymer minimum number average (NAICS) codes have been provided to molecular weight (in amu) 2,960, in assist you and others in determining Parts per Revocations/ pesticide formulations applied to whether or not this action might apply Commodity Expiration to certain entities. If you have questions million Date growing crops or to raw agricultural commodities after harvest, or animals. regarding the applicability of this action Corn, field, 0.01 February 25, Uniqema, formerly ICI Surfactants, 3411 to a particular entity, consult the person forage. 2002 Silverside Road, Box 8340 Wilmington, listed under FOR FURTHER INFORMATION Corn, field, 0.01 February 25, DE 19803, submitted petitions to EPA CONTACT. grain. 2002 under the Federal Food, Drug, and B. How Can I Get Additional Corn, field, 0.01 February 25, Cosmetic Act, as amended by the Food Information, Including Copies of this stover. 2002 Quality Protection Act of 1996 Document and Other Related Corn, pop, 0.01 February 25, requesting exemptions from the Documents? grain. 2002 requirement of a tolerance for these Corn, pop, 0.01 February 25, copolymers. This regulation eliminates 1. Electronically.You may obtain stover. 2002 the need to establish a maximum electronic copies of this document, and permissible level for residues of these certain other related documents that (b) Section 18 emergency exemptions. polymers. might be available electronically, from [Reserved] the EPA Internet Home Page at http:// DATES: This regulation is effective www.epa.gov/. To access this (c) Tolerances with regional February 23, 2000. Objections and document, on the Home Page select registrations. [Reserved] requests for hearings, identified by ‘‘Laws and Regulations’’ and then look (d) Indirect or inadvertent residues. docket control number OPP–300970, up the entry for this document under [Reserved] must be received by EPA on or before the ‘‘Federal Register—Environmental [FR Doc. 00–4237 Filed 2–22–00; 8:45 am] April 24, 2000. Documents.’’ You can also go directly to ADDRESSES BILLING CODE 6560±50±F : Written objections and the Federal Register listings at http:// hearing requests may be submitted by www.epa.gov/fedrgstr/. mail, in person, or by courier. Please 2. In person. The Agency has follow the detailed instructions for each established an official record for this method as provided in Unit XI. of the action under docket control number SUPPLEMENTARY INFORMATION. To ensure OPP–300970. The official record proper receipt by EPA, your objections consists of the documents specifically and hearing requests must identify referenced in this action, and other docket control number OPP–300970 in information related to this action, the subject line on the first page of your including any information claimed as response. Confidential Business Information (CBI).
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This official record includes the occupational exposure. Section action and considered its validity, documents that are physically located in 408(b)(2)(C) requires EPA to give special completeness and reliability and the the docket, as well as the documents consideration to exposure of infants and relationship of this information to that are referenced in those documents. children to the pesticide chemical human risk. EPA has also considered The public version of the official record residue in establishing an exemption available information concerning the does not include any information from the requirement of a tolerance and variability of the sensitivities of major claimed as CBI. The public version of to ‘‘ensure that there is a reasonable identifiable subgroups of consumers, the official record, which includes certainty that no harm will result to including infants and children. In the printed, paper versions of any electronic infants and children from aggregate case of certain chemical substances that comments submitted during an exposure to the pesticide chemical are defined as polymers, the Agency has applicable comment period is available residue...’’ and specifies factors EPA is established a set of criteria to identify for inspection in the Public Information to consider in establishing an categories of polymers that should and Records Integrity Branch (PIRIB), exemption. present minimal or no risk. The Rm. 119, Crystal Mall 2, 1921 Jefferson definition of a polymer is given in 40 III. Inert Ingredient Definition Davis Hwy., Arlington, VA, from 8:30 CFR 723.250(b). The following a.m. to 4 p.m., Monday through Friday, Inert ingredients are all ingredients exclusion criteria for identifying these excluding legal holidays. The PIRIB that are not active ingredients as defined low risk polymers are described in 40 telephone number is (703) 305–5805. in 40 CFR 153.125 and include, but are CFR 723.250(d). not limited to, the following types of 1. The polymers, acrylic graft II. Background and Statutory Findings ingredients (except when they have a copolymer; polyester block copolymer In the Federal Register of March 17, pesticidal efficacy of their own): and polyester random copolymer are not 1999 (64 FR 13192) (FRL–6066–7), EPA Solvents such as alcohols and cationic polymers nor are they issued a notice pursuant to section 408 hydrocarbons; surfactants such as reasonably anticipated to become of the Federal Food, Drug, and Cosmetic polyoxyethylene polymers and fatty cationic polymers in a natural aquatic Act (FFDCA), 21 U.S.C. 346a, as acids; carriers such as clay and environment. amended by the Food Quality Protection diatomaceous earth; thickeners such as 2. The polymers contain as an integral Act (FQPA) (Public Law 104–170) carrageenan and modified cellulose; part of their composition the atomic announcing the filing of pesticide wetting, spreading, and dispersing elements carbon, hydrogen, and oxygen. tolerance petitions (PP 8E4987, 8E4988, agents; propellants in aerosol 3. The polymers do not contain as an and 8E4989 ) by Uniqema, formerly ICI dispensers; microencapsulating agents; integral part of their composition, Surfactants, 3411 Silverside Road, Box and emulsifiers. The term ‘‘inert’’ is not except as impurities, any element other 8340 Wilmington, DE 19803. This notice intended to imply nontoxicity; the than those listed in 40 CFR included a summary of the petitions ingredient may or may not be 723.250(d)(2)(ii). prepared by the petitioner. There were chemically active. Generally, EPA has 4. The polymers are neither designed no comments received in response to exempted inert ingredients from the nor can they be reasonably anticipated the notice of filing. requirement of a tolerance based on the to substantially degrade, decompose, or Pesticide petitions 8E4987, 8E4988 low toxicity of the individual inert depolymerize. and 8E4989 requested that 40 CFR ingredients. 5. The polymers are manufactured or 180.1001(c) be amended by revising the imported from monomers and/or IV. Risk Assessment and Statutory existing tolerance exemptions for reactants that are already included on Findings methyl methacrylate-methacrylic acid- the TSCA Chemical Substance monomethoxypolyethylene glycol EPA establishes exemptions from the Inventory or manufactured under an methacrylate copolymer (CAS Reg. No. requirement of a tolerance only in those applicable TSCA section 5 exemption. 119724–54–8); 12-hydroxystearic acid- cases where it can be clearly 6. The polymers are not water polyethylene glycol copolymer (CAS demonstrated that the risks from absorbing polymers with number Reg. No. 70142–34–6) and polyethylene aggregate exposure to pesticide average molecular weights (MW) greater glycol-polyisobutenyl anhydride-tall oil chemical residues under reasonably than or equal to 10,000 daltons. fatty acid copolymer (CAS Reg. No. foreseeable circumstances will pose no Additionally, the polymers, acrylic graft 68650–28–2), and that 40 CFR appreciable risks to human health. In copolymer; polyester block copolymer 180.1001(e) be amended by establishing order to determine the risks from and polyester random copolymer, also an exemption from the requirement of a aggregate exposure to pesticide inert meet as required the following tolerance for residues of these ingredients, the Agency considers the exemption criteria specified in 40 CFR copolymers. toxicity of the inert in conjunction with 723.250(e). Section 408(c)(2)(A)(i) of the FFDCA possible exposure to residues of the 7. The polymer’s number average allows EPA to establish an exemption inert ingredient through food, drinking molecular weights (MW) of 2,730, 3,690, from the requirement for a tolerance (the water, and through other exposures that and 2,960, respectively are greater than legal limit for a pesticide chemical occur as a result of pesticide use in 1,000 and less than 10,000 daltons. The residue in or on a food) only if EPA residential settings. If EPA is able to polymers contain less than 10% determines that the tolerance is ‘‘safe.’’ determine that a finite tolerance is not oligomeric material below MW 500 and Section 408(c)(2)(A)(ii) defines ‘‘safe’’ to necessary to ensure that there is a less than 25% oligomeric material mean that ‘‘there is a reasonable reasonable certainty that no harm will below MW 1,000, and the polymers do certainty that no harm will result from result from aggregate exposure to the not contain any reactive functional aggregate exposure to the pesticide inert ingredient, an exemption from the groups. chemical residue, including all requirement of a tolerance may be Thus, the polymers acrylic graft anticipated dietary exposures and all established. copolymer; polyester block copolymer other exposures for which there is Consistent with section 408(b)(2)(D) and polyester random copolymer meet reliable information.’’ This includes of FFDCA, EPA has reviewed the all the criteria to be considered low risk exposure through drinking water and in available scientific data and other polymers under 40 CFR 723.250. Based residential settings, but does not include relevant information in support of this on their conformance to the above
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‘‘major rule’’ as defined by 5 U.S.C. Dated: February 15, 2000. 2. In § 180.1001 the table in paragraph 804(2). James Jones, (c) is amended by revising the entries Director, Registration Division, Office of for the following inert ingredients and List of Subjects in 40 CFR Part 180 Pesticide Programs.P=’03’≤ in paragraph (e) by adding Environmental protection, Therefore, 40 CFR chapter I is alphabetically the following inert Administrative practice and procedure, amended as follows: ingredients to read as follows: Agricultural commodities, Pesticides PART 180Ð[AMENDED] § 180.1001 Exemptions from the and pests, Reporting and recordkeeping requirement of a tolerance. requirements. 1. The authority citation for part 180 continues to read as follows: ***** Authority: 21 U.S.C. 321(q), 346(a) and (c) * * * 371.P=’04’≤
Inert ingredients Limits Uses
******* 12-Hydroxystearic acid-polyethylene glycol copolymer (CAS Reg...... Surfactant, dispersing agent, sus- No. 70142±34±6) minimum number average molecular weight (in pending agent, related adjuvant. amu) 3,690.
******* Methyl methacrylate-methacrylic acid-monomethoxypolyethylene ...... Surfactant, dispersing agent, sus- glycol methacrylate copolymer (CAS Reg. No. 119724±54±8) pending agent, related adjuvant. minium number average molecular weight (in amu) 2,730.
******* Polyethylene glycol-polyisobutenyl anhydride-tall oil fatty acid co- ...... Surfactant, dispersing agent, sus- polymer (CAS Reg. No. 68650±28±2) minimum number average pending agent, related adjuvant. molecular weight (in amu) 2,960.
*******
***** (e) * * *
Inert ingredients Limits Uses
****** 12-Hydroxystearic acid-polyethylene glycol copolymer) (CAS Reg...... Surfactant, dispersing agent, sus- No. 70142±34±6) minimum number average molecular weight (in pending agent, related adjuvant. amu) 3,690.
******* Methyl methacrylate-methacrylic acid-monomethoxypolyethylene ...... Surfactant, dispersing agent, sus- glycol methacrylate copolymer (CAS Reg. No.119724±54±8) pending agent, related adjuvant. minium number average molecular weight (in amu) 2,730.
******* Polyethylene glycol-polyisobutenyl anhydride-tall oil fatty acid (CAS ...... Surfactant, dispersing agent, sus- Reg. No. 68650±28±2) minimum number average molecular pending agent, related adjuvant. weight (in amu) 2,960.
*******
[FR Doc. 00–4238 Filed 2–22–00; 8:45 am] BILLING CODE 6560±50±F
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ENVIRONMENTAL PROTECTION I. General Information comments submitted during an AGENCY A. Does This Action Apply to Me? applicable comment period is available for inspection in the Public Information 40 CFR Part 180 You may be affected by this action if and Records Integrity Branch (PIRIB), you are an agricultural producer, food [OPP±300975; FRL±6489±8] Rm. 119, Crystal Mall 2, 1921 Jefferson manufacturer, or pesticide Davis Hwy., Arlington, VA, from 8:30 manufacturer. Potentially affected RIN 2070±AB78 a.m. to 4 p.m., Monday through Friday, categories and entities may include, but excluding legal holidays. The PIRIB Zinc Phosphide; Extension/ are not limited to: Amendment of Tolerance for telephone number is (703) 305–5805. Emergency Exemptions Cat- NAICS Examples of poten- II. Background and Statutory Findings egories codes tially affected entities AGENCY: Environmental Protection EPA issued a final rule, published in Agency (EPA). Industry 111 Crop production 112 Animal production the Federal Register of August 25, 1998 ACTION : Final rule. 311 Food manufacturing (63 FR 45176) (FRL–6021–6), which 32532 Pesticide manufac- announced that on its own initiative SUMMARY: This regulation extends and turing amends a time-limited tolerance for under section 408 of the Federal Food, residues of phosphine resulting from the Drug, and Cosmetic Act (FFDCA), 21 This listing is not intended to be U.S.C. 346a and (l)(6), as amended by use of the rodenticide zinc phosphide in exhaustive, but rather provides a guide or on alfalfa forage and hay at 1 part per the Food Quality Protection Act of 1996 for readers regarding entities likely to be (FQPA) (Public Law 104–170) it million (ppm) for an additional 1-year affected by this action. Other types of established time-limited tolerances for and 4-month period. This tolerance will entities not listed in the table could also the residues of phosphine resulting from expire and is revoked on December 31, be affected. The North American 2002. This action is in response to Industrial Classification System the use of the rodenticide zinc EPA’s granting of an emergency (NAICS) codes have been provided to phosphide in or on alfalfa (forage, hay) exemption under section 18 of the assist you and others in determining at 0.1 ppm, with an expiration date of Federal Insecticide, Fungicide, and whether or not this action might apply February 1, 2000. EPA established the Rodenticide Act authorizing use of the to certain entities. If you have questions tolerances because section 408(l)(6) of pesticide on alfalfa before new growth regarding the applicability of this action the FFDCA requires EPA to establish a attains a length of 2 inches. Section to a particular entity, consult the person time-limited tolerance or exemption 408(l)(6) of the Federal Food, Drug, and listed under ``FOR FURTHER INFORMATION from the requirement for a tolerance for Cosmetic Act requires EPA to establish CONTACT.'' pesticide chemical residues in food that a time-limited tolerance or exemption will result from the use of a pesticide B. How Can I Get Additional from the requirement for a tolerance for under an emergency exemption granted Information, Including Copies of This pesticide chemical residues in food that by EPA under FIFRA section 18. Such will result from the use of a pesticide Document and Other Related Documents? tolerances can be established without under an emergency exemption granted providing notice or period for public by EPA under section 18 of the Federal 1. Electronically.You may obtain comment. Insecticide, Fungicide, and Rodenticide electronic copies of this document, and Act. certain other related documents that EPA, subsequently, issued a final rule, published in the Federal Register of DATES: This regulation is effective might be available electronically, from February 23, 2000. Objections and the EPA Internet Home Page at http:// July 28, 1999 (64 FR 40769) (FRL–6090– requests for hearings, identified by www.epa.gov/. To access this 9), which announced that on its own docket control number OPP–300975, document, on the Home Page select initiative under section 408 of the must be received by EPA on or before ‘‘Laws and Regulations’’ and then look Federal Food, Drug, and Cosmetic Act April 24, 2000. up the entry for this document under (FFDCA), 21 U.S.C. 346a, as amended ADDRESSES: Written objections and the ‘‘Federal Register—Environmental by the Food Quality Protection Act of hearing requests may be submitted by Documents.’’ You can also go directly to 1996 (FQPA) (Public Law 104–170) it mail, in person, or by courier. Please the Federal Register listings at http:// extended the time-limited tolerance for follow the detailed instructions for each www.epa.gov/fedrgstr/. the residues of phosphine resulting from method as provided in Unit III. of the 2. In person. The Agency has the use of the rodenticide zinc established an official record for this SUPPLEMENTARY INFORMATION. To ensure phosphide in or on alfalfa (forage, hay) proper receipt by EPA, your objections action under docket control number at 0.1 ppm, with an expiration date of and hearing requests must identify OPP–300975. The official record August 1, 2001. EPA established the docket control number OPP–300975 in consists of the documents specifically tolerance because section 408(l)(6) of the subject line on the first page of your referenced in this action, and other the FFDCA requires EPA to establish a information related to this action, response. time-limited tolerance or exemption including any information claimed as from the requirement for a tolerance for FOR FURTHER INFORMATION CONTACT: By Confidential Business Information (CBI). pesticide chemical residues in food that mail: Libby Pemberton, Registration This official record includes the Division (7505C), Office of Pesticide documents that are physically located in will result from the use of a pesticide Programs, Environmental Protection the docket, as well as the documents under an emergency exemption granted Agency, Ariel Rios Building, 1200 that are referenced in those documents. by EPA under section 18 of the Federal Pennsylvania Ave., NW., Washington, The public version of the official record Insecticide, Fungicide, and Rodenticide DC 20460; telephone number: (703) does not include any information Act (FIFRA). Such tolerances can be 308–9364; and e-mail address: claimed as CBI. The public version of established without providing notice or pemberton.libby]@epa.gov. the official record, which includes period for public comment. SUPPLEMENTARY INFORMATION: printed, paper versions of any electronic
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