Federal Register/Vol. 68, No. 38/Wednesday

Federal Register / Vol. 68, No. 38 / Wednesday, February 26, 2003 / Rules and Regulations 8847

EPA–APPROVED KANSAS REGULATIONS

State effec- Kansas citation Title tive date EPA approval date Comments

Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control

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Attainment Area Requirements

K.A.R. 28–19–17 ...... Prevention of Significant 11/22/02 2/26/03 and FR page K.A.R. 28–19–17a through 28–19–17q revoked. Deterioration of Air citation. Provision moved to K.A.R. 28–19–350. Quality.

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Construction Permits and Approvals

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K.A.R. 28–19–350 ...... Prevention of Significant 11/22/02 2/26/03 and FR page Deterioration of Air citation. Quality.

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* * * * * DC 20460–0001; telephone number: B. How Can I Get Copies Of This [FR Doc. 03–4626 Filed 2–25–03; 8:45 am] 703–305–6304; fax number: 703–305– Document and Other Related BILLING CODE 6560–50–P 0599; e-mail address: Information? [email protected]. 1. Docket. EPA has established an official public docket for this action SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION under docket identification (ID) number AGENCY I. General Information OPP–2003–0039. The official public docket consists of the documents 40 CFR Part 180 A. Does this Action Apply to Me? specifically referenced in this action, [OPP–2003–0039; FRL–7291–7] You may be affected by this action if any public comments received, and you are an agricultural producer, food other information related to this action. Pesticides; Tolerance Exemptions for Although a part of the official docket, manufacturer, or pesticide Polymers the public docket does not include manufacturer. Potentially affected Confidential Business Information (CBI) AGENCY: Environmental Protection categories and entities may include, but or other information whose disclosure is Agency (EPA). are not limited to: restricted by statute. The official public ACTION: Direct final rule. • Crop production (NAICS code 111) docket is the collection of materials that is available for public viewing at the SUMMARY: EPA is taking direct final rule • Animal production (NAICS code action to shift certain polymeric 112) Public Information and Records substances from one section of the Code • Integrity Branch (PIRIB), Rm. 119, Food manufacturing (NAICS code Crystal Mall #2, 1921 Jefferson Davis of Federal Regulations (CFR) to the 311) section of CFR which lists the pesticide Hwy., Arlington, VA. This docket • Pesticide manufacturing (NAICS chemicals that are exempt from the facility is open from 8:30 a.m. to 4 p.m., code 32532) requirement of a tolerance because they Monday through Friday, excluding legal have been determined to meet the • Antimicrobial Pesticide (NAICS holidays. The docket telephone number criteria identifying polymers that are of code 32561) is (703) 305–5805. 2. Electronic Access. You may access low risk. This listing is not intended to be this Federal Register document DATES: This direct final rule is effective exhaustive, but rather provides a guide electronically through the EPA Internet on May 27, 2003, without further notice, for readers regarding entities likely to be under the ‘‘Federal Register’’ listings at unless EPA receives a relevant adverse affected by this action. Other types of http://www.epa.gov/fedrgstr/. A comment by March 28, 2003. If EPA entities not listed in this unit could also frequently updated electronic version of receives a relevant adverse comment, be affected. The North American 40 CFR part 180 is available at http:// EPA will publish a timely withdrawal in Industrial Classification System www.access.gpo.gov/nara/cfr/ the Federal Register informing the (NAICS) codes have been provided to cfrhtmll00/Titlel40/ public that this direct final rule will not assist you and others in determining 40cfr180l00.html, a beta site currently take effect. whether this action might apply to under development. FOR FURTHER INFORMATION CONTACT: certain entities. If you have any An electronic version of the public Kathryn Boyle, Registration Division questions regarding the applicability of docket is available through EPA’s (7505C), Office of Pesticide Programs, this action to a particular entity, consult electronic public docket and comment Environmental Protection Agency, 1200 the person listed under FOR FURTHER system, EPA Dockets. You may use EPA Pennsylvania Ave., NW., Washington, INFORMATION CONTACT. Dockets at http://www.epa.gov/edocket/

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to view public comments, access the photographed, and the photograph will ii. E-mail. Comments may be sent by index listing of the contents of the be placed in EPA’s electronic public electronic mail (e-mail) to opp- official public docket, and to access docket along with a brief description [email protected], Attention Docket ID those documents in the public docket written by the docket staff. No. OPP–2003–0039. In contrast to that are available electronically. EPA’s electronic public docket, EPA’s e- C. How and To Whom Do I Submit Although not all docket materials may mail system is not an ‘‘anonymous be available electronically, you may still Comments? access’’ system. If you send an e-mail access any of the publicly available You may submit comments comment directly to the Docket without docket materials through the docket electronically, by mail, or through hand going through EPA’s electronic public facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper docket, EPA’s e-mail system the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate automatically captures your e-mail the appropriate docket ID number. docket identification number in the address. E-mail addresses that are Certain types of information will not subject line on the first page of your automatically captured by EPA’s e-mail be placed in the EPA Dockets. comment. Please ensure that your system are included as part of the Information claimed as CBI and other comments are submitted within the comment that is placed in the official information whose disclosure is specified comment period. Comments public docket, and made available in restricted by statute, which is not received after the close of the comment EPA’s electronic public docket. included in the official public docket, period will be marked ‘‘late.’’ EPA is not iii. Disk or CD ROM. You may submit will not be available for public viewing required to consider these late comments on a disk or CD ROM that in EPA’s electronic public docket. EPA’s comments. If you wish to submit CBI or you mail to the mailing address policy is that copyrighted material will information that is otherwise protected identified in Unit I.C.2. These electronic not be placed in EPA’s electronic public by statute, please follow the instructions submissions will be accepted in docket but will be available only in in Unit I.D. Do not use EPA Dockets or WordPerfect or ASCII file format. Avoid printed, paper form in the official public e-mail to submit CBI or information the use of special characters and any docket. To the extent feasible, publicly protected by statute. form of encryption. 2. By Mail. Send your comments to: available docket materials will be made 1. Electronically. If you submit an Public Information and Records available in EPA’s electronic public electronic comment as prescribed Integrity Branch (PIRIB), Office of docket. When a document is selected below, EPA recommends that you Pesticide Programs (OPP), from the index list in EPA Dockets, the include your name, mailing address, system will identify whether the Environmental Protection Agency, and an e-mail address or other contact document is available for viewing in Mailcode: 7502C, 1200 Pennsylvania information in the body of your EPA’s electronic public docket. Ave., NW, Washington, DC, 20460, comment. Also include this contact Although not all docket materials may Attention Docket ID No. OPP–2003– information on the outside of any disk be available electronically, you may still 0039. or CD ROM you submit, and in any access any of the publicly available 3. By Hand Delivery or Courier. cover letter accompanying the disk or docket materials through the docket Deliver your comments to: Public CD ROM. This ensures that you can be facility identified in Unit I.B. EPA Information and Records Integrity identified as the submitter of the intends to work towards providing Branch (PIRIB), Office of Pesticide comment and allows EPA to contact you electronic access to all of the publicly Programs (OPP), Environmental available docket materials through in case EPA cannot read your comment Protection Agency, Rm. 119, Crystal EPA’s electronic public docket. due to technical difficulties or needs Mall #2, 1921 Jefferson Davis Highway, For public commenters, it is further information on the substance of Arlington, VA., Attention Docket ID No. important to note that EPA’s policy is your comment. EPA’s policy is that EPA OPP–2003–0039. Such deliveries are that public comments, whether will not edit your comment, and any only accepted during the Docket’s submitted electronically or in paper, identifying or contact information normal hours of operation as identified will be made available for public provided in the body of a comment will in Unit I.A.1. viewing in EPA’s electronic public be included as part of the comment that docket as EPA receives them and is placed in the official public docket, D. How Should I Submit CBI To the without change, unless the comment and made available in EPA’s electronic Agency? contains copyrighted material, CBI, or public docket. If EPA cannot read your Do not submit information that you other information whose disclosure is comment due to technical difficulties consider to be CBI electronically restricted by statute. When EPA and cannot contact you for clarification, through EPA’s electronic public docket identifies a comment containing EPA may not be able to consider your or by e-mail. You may claim copyrighted material, EPA will provide comment. information that you submit to EPA as a reference to that material in the i. EPA Dockets. Your use of EPA’s CBI by marking any part or all of that version of the comment that is placed in electronic public docket to submit information as CBI (if you submit CBI EPA’s electronic public docket. The comments to EPA electronically is on disk or CD ROM, mark the outside entire printed comment, including the EPA’s preferred method for receiving of the disk or CD ROM as CBI and then copyrighted material, will be available comments. Go directly to EPA Dockets identify electronically within the disk or in the public docket. at http://www.epa.gov/edocket, and CD ROM the specific information that is Public comments submitted on follow the online instructions for CBI). Information so marked will not be computer disks that are mailed or submitting comments. Once in the disclosed except in accordance with delivered to the docket will be system, select ‘‘search,’’ and then key in procedures set forth in 40 CFR part 2. transferred to EPA’s electronic public Docket ID No. OPP–2003–0039. The In addition to one complete version of docket. Public comments that are system is an ‘‘anonymous access’’ the comment that includes any mailed or delivered to the Docket will system, which means EPA will not information claimed as CBI, a copy of be scanned and placed in EPA’s know your identity, e-mail address, or the comment that does not contain the electronic public docket. Where other contact information unless you information claimed as CBI must be practical, physical objects will be provide it in the body of your comment. submitted for inclusion in the public

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docket and EPA’s electronic public III. What Action is the Agency Taking? efficiently use EPA’s tolerance docket. If you submit the copy that does In the Federal Register of May 24, regulations. Since this direct final rule simply not contain CBI on disk or CD ROM, 2002, (67 FR 36525) (FRL–6834–2) the shifts existing tolerance exemptions mark the outside of the disk or CD ROM Agency published a direct final rule within part 180 without imposing any clearly that it does not contain CBI. establishing a new section 40 CFR requirements, it does not impose any Information not marked as CBI will be 180.960 to contain exemptions from the enforceable duty or contain any included in the public docket and EPA’s requirement of a tolerance for polymers unfunded mandate as described under electronic public docket without prior that under reasonably foreseeable Title II of the Unfunded Mandates notice. If you have any questions about circumstances will pose no appreciable Reform Act of 1995 (UMRA) (Public CBI or the procedures for claiming CBI, risks to human health. Law 104–4). please consult the person identified in The Agency is now shifting to 40 CFR In addition, this action will not have the FOR FURTHER INFORMATION CONTACT 180.960 those existing tolerance a substantial direct effect on States, on section. exemptions for certain polymers that the relationship between the national have previously been determined to II. Authority government and the States, or on the meet the criteria of a low risk polymer. distribution of power and A. What is the Agency’s Authority for All of these polymers can be used as an responsibilities among the various Taking this Action? inert ingredient in any pesticide product levels of government, as specified in including antimicrobial pesticide Executive Order 13132, entitled This direct final rule is issued products providing that such use is in Federalism (64 FR 43255, August 10, pursuant to section 408(e) of FFDCA, as accordance with good agricultural or 1999). This direct final rule directly amended by the FQPA (21 U.S.C. manufacturing practices. As part of this regulates growers, food processors, food 346a(e)). Section 408 of FFDCA shifting of tolerance exemptions from handlers and food retailers, not States. authorizes the establishment of one part of the CFR to another, the This action does not alter the tolerances, exemptions from the Agency has combined as appropriate relationships or distribution of power requirement of a tolerance, two or more chemical names under a and responsibilities established by modifications in tolerances, and single name and has eliminated Congress in the preemption provisions revocation of tolerances for residues of duplicative entries. of FFDCA section 408(n)(4). pesticide chemicals in or on raw IV. Statutory and Executive Order For these same reasons, this direct agricultural commodities and processed Reviews final rule does not have any ‘‘tribal foods. Without a tolerance or tolerance implications’’ as described in Executive exemption, food containing pesticide This direct final rule merely Order 13175, entitled Consultation and residues is considered to be unsafe and reorganizes existing exemptions in 40 Coordination with Indian Tribal CFR part 180, shifting them from one therefore ‘‘adulterated’’ under section Governments (65 FR 67249, November section to another within the same part. 402(a) of the FFDCA. If food containing 6, 2000). This rule will not have The Agency is acting on its own pesticide residues is found to be substantial direct effects on tribal initiative under FFDCA section 408(e) adulterated, the food may not be governments, on the relationship in shifting these existing tolerance between the Federal government and distributed in interstate commerce (21 exemptions to a new section of part 180. U.S.C. 331(a) and 342(a)). Indian tribes, or on the distribution of This direct final rule has no substantive power and responsibilities between the B. Why is EPA Issuing this as a Direct effect, and is not expected to have any Federal government and Indian tribes, Final Rule? adverse impact, or otherwise impose as specified in Executive Order 13175. any new requirements. As such, this Thus, Executive Order 13175 does not EPA is issuing this action as a direct action is not a ‘‘significant regulatory apply to this rule. final rule without prior proposal action’’ subject to review by the Office Since this direct final rule is not a because the Agency believes that this of Management and Budget (OMB), ‘‘significant regulatory action’’ as action is not controversial and is not under Executive Order 12866, entitled defined by Executive Order 12866, it likely to result in any adverse Regulatory Planning and Review (58 FR does not require OMB review or any comments, inasmuch as this action 51735, October 4, 1993). Agency action under Executive Order simply shifts existing tolerance This direct final rule does not contain 13045, entitled Protection of Children exemptions to a new section in 40 CFR any information collections subject to from Environmental Health Risks and part 180. It will not alter the quantity or OMB approval under the Paperwork Safety Risks (62 FR 19885, April 23, nature of residues that might lawfully be Reduction Act (PRA), 44 U.S.C. 3501 et 1997), and is not subject to Executive present in food or feed. seq. Order 13211, Actions Concerning Under section 605(b) of the Regulations That Significantly Affect This rule is effective on May 27, 2003 Regulatory Flexibility Act (RFA) (5 Energy Supply, Distribution, or Use (66 without further notice, unless EPA U.S.C. 601 et.seq.), the Agency hereby FR 28355, May 22, 2001). receives adverse comment by March 28, certifies that this action will not have a This action does not involve any 2003. If, however, EPA receives a significant economic impact on a technical standards that would require relevant adverse comment during the substantial number of small entities. As Agency consideration of voluntary comment period, then EPA will publish noted above, this action will have no consensus standards pursuant to section a timely withdrawal in the Federal substantive or procedural effect on the 12(d) of the National Technology Register informing the public that the tolerance exemptions affected, and Transfer and Advancement Act of 1995 rule will not take effect. EPA will also therefore, will not adversely impact (NTTAA), Public Law 104–113, section publish a notice of proposed rulemaking small entities. However, by grouping 12(d) (15 U.S.C. 272 note). in a future edition of the Federal tolerance exemptions for polymers that Nor does it require any special Register. EPA will address the have been determined to be low risk in considerations under Executive Order comments on the direct final rule as part one location in the CFR, this action will 12898 entitled Federal Actions to of that proposed rulemaking. make it easier for small entities to Address Environmental Justice in

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Minority Populations and Low-Income Polymer CAS No. Polymer CAS No. Populations (59 FR 7629, February 16, 1994) or Executive Order 12630, entitled Acetic acid ethenyl ester, ***** Governmental Actions and Interference polymer with ethenol 2-Butenedioic acid (Z)-, ω with Constitutionally Protected Property and (a)-2-propenyl-( )- polymer with ethenol hydroxypoly (oxy-1,2- and ethenyl acetate, Rights (53 FR 8859, March 15, 1988). ethanediyl) minimum sodium salt, minimum In issuing this direct final rule, EPA number average mo- number average mo- has taken the necessary steps to lecular weight (in amu), lecular weight (in amu), eliminate drafting errors and ambiguity, 15,000 137091–12–4 75,000 139871–83–3 minimize potential litigation, and Acrylic acid, polymerized, a-Butyl-ω- provide a clear legal standard for and its ethyl and meth- hydroxypol- affected conduct, as required by section yl esters None y(oxypropylene) block 3 of Executive Order 12988, entitled polymer with Civil Justice Reform (61 FR 4729, Acrylic acid-sodium acry- poly(oxyethylene); mo- February 7, 1996). late-sodium-2- lecular weight (in amu), methylpropanesulfonat- 2,400–3,500 None IV. Congressional Review Act e copolymer, minimum average molecular Castor oil, The Congressional Review Act, 5 weight (in amu), 4,500 97953–25–8 polyoxyethylated; the U.S.C. 801 et seq., as added by the Small poly(oxyethylene) con- Business Regulatory Enforcement Acrylic acid-stearyl meth- tent averages 5–54 Fairness Act of 1996, generally provides acrylate copolymer, moles None minimum number aver- that before a rule may take effect, the age molecular weight Chlorinated polyethylene 64754–90–1 Agency promulgating the rule must (in amu), 2,500 27756–15–6 submit a rule report, which includes a Cross-linked nylon-type copy of the rule, to each House of the ***** polymer formed by the Congress and the Comptroller General of Acrylonitrile-butadiene reaction of a mixture of the United States. EPA will submit a copolymer conforming sebacoyl chloride and report containing this rule and other to 21 CFR 180.22, polymethylene minimum average mo- polyphenylisocycanate required information to the U.S. Senate, lecular weight (in amu), with a mixture of ethyl- the U.S. House of Representatives, and 1,000. 9003–18–3 enediamine and the Comptroller General of the United diethylenetriamine None States prior to publication of the rule in Acrylonitrile-styrene- the Federal Register. This rule is not a hydroxypropyl meth- Cross-linked polyurea- ‘‘major rule’’ as defined by 5 U.S.C. acrylate copolymer, type encapsulating polymer None 804(2). minimum number average molecular weight List of Subjects in 40 CFR Part 180 (in amu), 447,000 None ***** Docosyl methacrylate- Environmental protection, ***** acrylic acid copolymer, Administrative practice and procedure, Alkyl (C12–C20) methacry- or docosyl methacry- Agricultural commodities, Pesticides late-methacrylic acid late-octadecyl methacrylate-acrylic acid and pests, Reporting and recordkeeping copolymer, minimum molecular weight (in copolymer, minimum requirements. amu), 11,900 None number average mo- Dated: February 13, 2003. lecular weight (in amu), 3,5-Bis(6- 3,000 None Peter Caulkins, isocyanatohexyl)-2H- Acting Director, Registration Division, Office 1,3,5-oxadiazine-2,4,6- 1,12-Dodecanediol of Pesticides Programs. (3H,5H)-trione, polymer dimethacrylate poly- Therefore, 40 CFR chapter I is with diethylenetriamine, mer, minimum molec- minimum number aver- ular weight (in amu), amended as follows: age molecular weight 100,000 None (in amu), 1,000,000 87823–33–4 PART 180—[AMENDED] ***** Butadiene-styrene co- Ethylene glycol 1. The authority citation for part 180 polymer None dimethyacrylate-lauryl continues to read as follows: methacrylate copoly- 1,4-Butanediol- mer, minimum molec- Authority: 21 U.S.C. 321(q), 346 (a) and methylenebis(4- ular weight (in amu), 374. phenylisocyanate)- 100,000 None poly(tetramethylene glycol) copolymer, min- Ethylene glycol § 180.960 [Amended] imum molecular weight dimethacrylate poly- 2. Section 180.960 is amended by (in amu) 158,000 9018– 04–6 mer, minimum molecular weight (in amu), adding alphabetically the following 100,000 None entries to the table.

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Polymer CAS No. Polymer CAS No. Polymer CAS No.

Fumaric acid-isophthalic Maleic acid monobutyl a-(p- acid-styrene-ethylene/ ester-vinyl methyl ether Nonylpheny- propylene glycol co- copolymer, minimum l)poly(oxypropylene) polymer, minimum av- average molecular block polymer with erage molecular weight weight (in amu), poly(oxyethylene); poly (in amu), 1 x 1018 None 52,000 25119–68–0 oxyethylene content 30 to 90 moles; molecular Hexadecyl acrylate-acryl- Maleic acid monoethyl weight (in amu) aver- ic acid copolymer, ester-vinyl methyl ether ages 3,000 None hexadecyl acrylate- copolymer, minimum butyl acrylate-acrylic average molecular Octadecanoic acid, 12- acid copolymer, or weight (in amu), hydroxy-, hexadecyl acrylate- 46,000 25087–06–3 homopolymer, dodecyl acrylate-acrylic octadecanoate min- acid copolymer, min- Maleic acid imum number average imum number average monoisopropyl ester- molecular weight (in molecular weight (in vinyl methyl ether co- amu), 1,370 58128–22–6), amu), 3,000 None polymer, minimum average molecular weight a-cis-9-Octadecenyl-ω- 1,6-Hexanediol (in amu), 49,000 31307–95–6 hydroxypol- dimethyacrylate poly- y(oxyethylene); the mer, minimum molec- ***** octadecenyl group is ular weight (in amu), Methyl methacrylate-2- derived from oleyl alco- 100,000 None sulfoethyl methacry- hol and the late- poly(oxyethylene) con- ***** dimethylaminoethylme- tent averages 20 a-Hydro-ω- thacrylate-glycidyl moles None hydroxypol- methacrylate-styrene- y(oxyethylene), min- 2-ethylhexyl acrylate Octadecyl acrylate-acrylic imum molecular weight graft copolymer, min- acid copolymer, octa- (in amu), 100,000 None imum average molec- decyl acrylate-dodecyl ular weight (in amu), acrylate-acrylic acid a-Hydro-ω- 9,600 None copolymer, octadecyl hydroxypol- methacrylate-butyl ac- y(oxyethylene)poly Methyl vinyl ether-maleic rylate-acrylic acid co- (oxypropylene) acid copolymer), min- polymer, octadecyl poly(oxyethylene) block imum number average methacrylate-hexyl ac- copolymer; the min- molecular weight (in rylate-acrylic acid co- imum amu), 75,000 25153–40–6 polymer, octadecyl poly(oxypropylene) methacrylate-dodecyl content is 27 moles Methyl vinyl ether-maleic acrylate-acrylic acid and the minimum mo- acid copolymer, cal- copolymer, or octa- lecular weight (in amu) cium sodium salt, min- decyl methacrylate- is 1,900 None imum number average dodecyl methacrylate- molecular weight (in acrylic acid copolymer, a-Hydro-ω- amu), 900,000 62386–95–2 minimum number aver- hydroxypol- age molecular weight y(oxypropylene); min- Monophosphate ester of (in amu) 3,000 None imum molecular weight the block copolymer a- (in amu) 2,000 None hydro-ω- Oleic acid diester of a- hydroxypol- hydro-ω- Lauryl methacrylate-1,6- y(oxyethylene) hydroxypol- hexanediol poly(oxypropylene) y(oxyethylene); the dimethacrylate copoly- poly(oxyethylene); the poly(oxyethylene), av- mer, minimum molec- poly(oxypropylene) erage molecular weight ular weight (in amu), content averages 37– (in amu), 2,300 None 100,000 None 41 moles, average molecular weight (in amu), Polyamide polymer de- ***** 8,000 None rived from sebacic Maleic anhydride-methyl acid, vegetable oil vinyl ether, copolymer, a-(p-Nonylphenyl-ω- acids with or without average molecular hydroxypol- dimerization, tereph- weight (in amu), y(oxypropylene) block thalic acid and/or ethyl- 250,000 None polymer with enediamine None poly(oxyethylene); Maleic acid-butadiene co- polyoxypropylene con- ***** polymer None tent of 10–60 moles; Polyethylene, oxidized, polyoxyethylene con- minimum number aver- tent of 10–80 moles; age molecular weight molecular weight (in (in amu), 1,200 None amu), 1,200–7,100. None

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Polymer CAS No. Polymer CAS No. Polymer CAS No.

***** Polyvinyl acetate--poly- ***** Polymethylene vinyl alcohol copoly- a-[p-(1,1,3,3- polyphenylisocyanate, mer, minimum number Tetramethylbuty- polymer with ethylene average molecular l)phenyl] diamine, diethylene tri- weight (in amu), poly(oxypropylene) amine and sebacoyl 50,000 25213–24–5 block polymer with chloride, cross-linked; poly(oxyethylene); the minimum number aver- Polyvinyl alcohol 9002–89–5 poly(oxypropylene) age molecular weight content averages 25 (in amu), 100,000 None Polyvinyl chloride None moles, the poly(oxyethylene) con- Polyoxyethylated primary ***** tent averages 40 amine (C14–C18); the Poly(vinylpyrrolidone), moles, the molecular fatty amine is derived minimum number aver- weight (in amu) aver- from an animal source age molecular weight ages 3,400 None and contains 3% (in amu), 4,000 9003–39–8 water; the a-[2,4,6-Tris[1- poly(oxyethylene) con- Poly(vinylpyrrolidone-1- (phenyl)ethyl]phenyl]- tent averages 20 eicosene), minimum ω-hydroxy moles None average molecular poly(oxyethylene) weight (in amu), 3,000 28211–18–9 poly(oxypropylene) co- Polyoxyethylated sorbitol polymer, the fatty acid esters; the Poly(vinylpyrrolidone-1- poly(oxypropylene) polyoxyethylated sor- hexadecene), minimum content averages 2–8 bitol solution containing average molecular moles, the 15% water is reacted weight (in amu), 4,700 63231–81–2 poly(oxyethylene) con- with fatty acids limited tent averages 16– to C12, C14, C16, and ***** 30moles, average mo- C18, containing minor Sodium lecular weight (in amu), amounts of associated polyflavinoidsulfonate, 1,500 None fatty acids; the consisting chiefly of the poly(oxyethylene) con- copolymer of catechin Urea-formaldehyde co- tent averages 30 and leucocyanidin None polymer, minimum av- moles. None erage molecular weight Stearyl methacrylate-1,6- (in amu), 30,000 9011–05–6 Poly(oxyethylene/ hexanediol oxypropylene) dimethacrylate copoly- Vinyl acetate-allyl ace- monoalkyl (C6–C10) mer, minimum molec- tate-monomethyl male- ether sodium fumarate ular weight (in amu), ate copolymer, min- adduct, minimum num- 100,000 None imum average molec- ber average molecular ular weight (in amu), weight (in amu), 1,900 102900–02–7 Styrene-2-ethylhexyl ac- 20,000 None rylate-glycidyl meth- Polyoxymethylene co- acrylate-2-acrylamido- Vinyl acetate-ethylene polymer, minimum 2- copolymer, minimum number average mo- methylpropanesulfonic number average molecular weight (in amu), acid graft copolymer, lecular weight (in amu), 15,000 None minimum number aver- 69,000 24937–78–8 age molecular weight Poly(oxypropylene) block (in amu), 12,500 None ***** polymer with Vinyl acetate-vinyl alco- poly(oxyethylene), mo- ***** hol-alkyl lactone co- lecular weight (in amu), polymer, minimum 1,800–16,000 None Styrene-maleic anhydride copolymer None number average molecular weight (in amu), Poly(phenylhexylurea), 40,000; minimum vis- cross-linked, minimum Styrene-maleic anhydride cosity of 18 centipoise None average molecular copolymer, ester deriv- weight (in amu), ative None 36,000 None Vinyl alcohol-disodium Tetradecyl acrylate-acryl- itaconate copolymer, Polypropylene 9003–07–0 ic acid copolymer, min- minimum average mo- imum number average lecular weight (in amu), Polystyrene, minimum molecular weight (in 50,290 None number average mo- amu), 3,000 None lecular weight (in amu), 50,000 9003–53–6

Polytetrafluoroethylene 9002–84–0

Polyvinyl acetate, minimum molecular weight (in amu), 2,000 None

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Polymer CAS No. Polymer CAS No. Polymer CAS No.

Vinyl alcohol-vinyl ace- Vinyl chloride-vinyl ace- ***** tate-monomethyl male- tate copolymers None Vinyl pyrrolidone-styrene ate, sodium salt-maleic copolymer 25086–29–7 acid, disodium salt-γ- Vinyl pyrrolidone- butyrolactone acetic dimethylaminoethylme- § 180.1001 [Amended] acid, sodium salt co- thacrylate copolymer, polymer, minimum minimum number aver- 3. Section 180.1001 is amended as number average mo- age molecular weight follows: lecular weight (in amu), (in amu), 20,000 30581–59–0 i. The table in paragraph (c) is 20,000 None amended by removing the entries listed below:

Inert ingredients Limits Uses

Acrylamide potassium acrylate--acrylic acid copolymer, cross-linked (CAS Reg...... Carrier No. 31212–13–2), minimum number average molecular weight (in atomic mass units (amu)) 1,000,000. Acrylic acid--stearyl methacrylate copolymer (CAS Reg. No. 27756–15–6), min- ...... Emulsifier, suspending agent, or imum number average molecular weight (in amu) 2,500. rheology modifier a-Butyl-ω-hydroxypoly(oxypropylene) block polymer with poly(oxyethylene); molec- ...... Surfactants, related adjuvants of ular weight (in amu) 2,400–3,500. surfactants Castor oil, polyoxyethylated; the poly(oxyethylene) content averages 5–54 moles...... Surfactants, related adjuvants of surfactants 1,12-Dodecanediol dimethacrylate polymer. Minimum molecular Release rate regulator in weight (in amu) pheromone formulation 100,000.. Ethylene glycol dimethyacrylate--lauryl methacrylate copolymer. Minimum molecular Release rate regulator in weight (in amu) pheromone formulation 100,000.. Ethylene glycol dimethacrylate polymer. Minimum molecular Release rate regulator in weight (in amu) pheromone formulation 100,000.. 1,6-Hexanediol dimethyacrylate polymer. Minimum molecular Release rate regulator in weight (in amu) pheromone formulation 100,000.. a-Hydro-ω-hydroxypoly(oxypropylene); molecular weight (in amu) 4,000...... Do. Lauryl methacrylate--1,6-hexanediol dimethacrylate copolymer. Minimum molecular Release rate regulator in weight (in amu) pheromone formulation 100,000.. Maleic acid monobutyl ester--vinyl methyl ether copolymer, CAS No. 25119–68–0, ...... Seed-coating adhesive, gel, and minimum average molecular weight (in amu) 52,000. antitranspirant Maleic acid monoethyl ester--vinyl methyl ether copolymer, CAS No. 25087–06–3, ...... Seed-coating adhesive, gel, and minimum average molecular weight (in amu) 46,000. antitranspirant Maleic acid monoisopropyl ester-vinyl methyl ether copolymer, CAS No. 31307– ...... Seed-coating adhesive, gel, and 95–6, minimum average molecular weight (in amu) 49,000. antitranspirant Methyl vinyl ether--maleic acid copolymer (CAS Reg. No. 25153–40–6), minimum ...... Dispersant, seed-coating adhe- number average molecular weight (in amu) 75,000. sive Methyl vinyl ether--maleic acid copolymer calcium sodium salt (CAS Reg. No...... Dispersant, seed-coating adhe- 62386–95–2), minimum number average molecular weight (in amu) 900,000. sive a-(p-Nonylphenyl) poly(oxypropylene) block polymer with poly(oxyethylene); ...... Do. polyoxyethylene content 30 to 90 moles; molecular weight (in amu) averages 3,000. a-(p-Nonylphenyl-ω-hydroxypoly(oxypropylene) block polymer with ...... Do. poly(oxyethylene); polyoxypropylene content of 10-60 moles; polyoxyethylene content of 10–80 moles; molecular weight (in amu) 1,200–7,100. Octadecanoic acid, 12-hydroxy-, homopolymer, octadecanoate (CAS Reg. No...... dispersing agent, related adju- 58128–22–6), minimum number-average molecular weight 1,370. vant of surfactants, surfactant, suspending agent a-cis-9-Octadecenyl-ω-hydroxypoly(oxyethylene); the octadecenyl group is derived ...... Surfactants, related adjuvants of from oleyl alcohol and the poly(oxyethylene) content averages 20 moles. surfactants Polyethylene, oxidized, conforming to 21 CFR 172.260...... Coating agent Polymers derived from the following monomers: acrylic acid, sodium form; butyl ...... Surfactants, related adjuvants of acrylate; ethyl acrylate; methacrylic acid and its ammonium and potassium salts; surfactants and methyl methacrylate Polymerized sodium methacrylate...... pH control Poly(oxyethylene/ oxypropylene) monoalkyl(C6– C10) ether sodium fumarate ...... Surfactant adduct (CAS Reg. No. 102900–02–7), minimum number average molecular weight (in amu) 1,900. Poly(oxypropylene) block polymer with poly(oxyethylene); molecular weight (in ...... Do. amu) 1,800–16,000. Polystyrene (CAS Reg. No. 9003–53–6), minimum number average molecular ...... Suspending agent, thickener weight (in amu) 50,000).

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Inert ingredients Limits Uses

Poly(vinylpyrrolidone) (CAS Reg. No. 9003–39–8), minimum number average mo- ...... Surfactant, related adjuvants of lecular weight (in amu) 4,000. surfactant Poly(vinylpyrrolidone-1-eicosene) (CAS Reg. No. 28211–18–9). Minimum average mo- Dispersing agent lecular weight 3,000.. Poly(vinylpyrrolidone-1-hexadecene) (CAS Reg. No. 63231–81–2). Minimum average mo- Dispersing agent lecular weight (in amu) 4,700. Stearyl methacrylate--1,6-hexanediol dimethacrylate copolymer. Minimum molecular Release rate regulator in weight (in amu) pheromone formulation 100,000.. Styrene-2-ethylhexyl acrylate-glycidyl methacrylate-2-acrylamido-2- ...... Dispersing agent/solvent methylpropanesulfonic acid graft copolymer, minimum number average molecular weight 12,500. Vinyl pyrrolidone-dimethylaminoethylmethacrylate copolymer (CAS Reg. No...... Leaching inhibitor, binder for 30581–59–0), minimum number average molecular weight (in amu) 20,000. water-dispersible aggregates, sticker and suspension stabilizer

ii. Section 180.1001 is further amended by removing from the table in paragraph (d) the entries listed below:

Inert ingredients Limits Uses

Acetic acid ethenyl ester, polymer with ethenol and (a)-2-propenyl-(ω)-hydroxypoly ...... Component of water-soluble film (oxy-1,2-ethanediyl) (CAS Reg. No.137091–12–4); minimum number average molecular weight 15,000. Acrylamide--acrylic acid resins ...... Thickeners Acrylamide--sodium acrylate resins ...... Do. Acrylic acid, polymerized, and its ethyl and methyl esters ...... Surfactants, related adjuvants of surfactants Acrylic acid--sodium acrylate--sodium-2-methylpropanesulfonate copolymer (min- ...... Dispersing agent imum average molecular weight (in amu) 4,500); CAS No. 97953–25–8. Acrylonitrile--styrene-hydroxypropyl methacrylatecopolymer; minimum number av- ...... Pigment carrier erage molecular weight (in amu) 447,000. Alkyl (C12–C20) methacrylate-methacrylic acid copolymer; minimum molecular ...... Stabilizer; component of spray weight (in amu) 11,900. drift retardant 3,5-Bis(6-isocyanatohexyl)-2H-1,3,5-oxadiazine-2,4,6-(3H,5H)-trione, polymer with ...... Encapsulating agent diethylenetriamine (CAS Reg. No. 87823–33–4); minimum number average molecular weight (in amu) 1,000,000. Butadiene-styrene copolymer ...... Adhesive, component of adhesive 2-Butenedioic acid (Z)-, polymer with ethenol and ethenyl acetate, sodium salt ...... Component of water-soluble film (minimum number averagemolecular weight (in amu) 75,000; CAS No. 139871– 83–3). Cross-linked polyurea-type encapsulating polymer formed by the reduction of a ...... Encapsulating agent mixture of toluene diisocyanate and polymethylene polyphenylisocyanate Fumaric acid--isophthalic acid--styrene--ethylene/propylene glycol copolymer (min- ...... Encapsulating agent imum average molecular weight (in amu) 1 x 1018). a-Hydro-ω-hydroxypoly(oxyethylene); molecular weight (in amu) 100,000 min- ...... Carrier imum. a-Hydro-ω-hydroxypoly(oxypropylene) (mol. wt. 2,000)...... Component of defoamers Maleic acid--butadiene copolymer. 3% of pesticide formula- Surfactants, related adjuvants tion. surfactants Maleic anhydride--methyl vinyl ether, copolymer; average molecular weight (in ...... Do. amu) 250,000. Methyl methacrylate-2-sulfoethyl methacrylate-dimethylaminoethyl methacrylate- ...... Carrier glycidyl methacrylate-styrene-2-ethylhexyl acrylate graft copolymer (minimum average molecular weight (in amu) 9,600). Monophosphate ester of the block copolymer a-hydro-ω- ...... Do. hydroxypoly(oxyethylene)poly(oxypropylene)poly(oxyethylene); the poly(oxypropylene) content averages 37–41 moles, and the molecular weight (in amu) averages 8,000. Polymethylene polyphenylisocyanate, polymer with ethylene diamine, diethylene ...... Encapsulating agent triamine and sebacoyl chloride, cross-linked; minimum number average molecular weight 100,000. Poly(phenylhexylurea), cross-linked; minimum average molecular weight 36,000...... Encapsulating agent Polyvinyl acetate (as defined in 21 CFR 172.615)...... Adhesive Polyvinyl acetate--polyvinyl alcohol copolymer (CAS Reg. No. 25213–24–5). Minimum number aver- Component of water-soluble film age molecular weight (in amu) 50,000.. Polyvinyl alcohol ...... Binder; water soluble bag-con- tainer or film-tape for encapsulating seeds

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Inert ingredients Limits Uses

a-[p-(1,1,3,3-Tetramethylbutyl)phenyl] poly(oxypropylene) block polymer with ...... Do. poly(oxyethylene); the poly(oxypropylene) content averages 25 moles, the poly(oxyethylene) content averages 40 moles, the molecular weight (in amu) averages 3,400. Vinyl acetate--allyl acetate--monomethyl maleate copolymer (minimum average ...... Component on water-soluble film molecular weight (in amu) 20,000). Vinyl acetate--ethylene copolymer (CAS Reg. No. 24937–78–8); minimum number ...... Component of water-soluble film average molecular weight (in amu) 69,000. Vinyl acetate--vinyl alcohol--alkyl lactone copolymer. Minimum estimated Component of water-soluble film number average molecular weight (in amu) 40,000; minimum viscosity of 18 centipoise.. Vinyl alcohol--disodium itaconate copolymer (minimum average molecular weight ...... Component of water-soluble film (in amu) 50,290). Vinyl alcohol--vinyl acetate--monomethyl maleate, sodium salt--maleic acid, diso- ...... Carrier dium salt-γ-butyrolactone acetic acid, sodium salt copolymer, minimum number average molecular weight (in amu) 20,000. Oleic acid diester of a-hydro-ω-hydroxypoly(oxyethylene); the poly(oxyethylene) ...... Surfactant molecular weight (in amu) averages 2,300. Polyethylene, oxidized (as defined in 21 CFR 172.260(a))...... Surfactants, related adjuvants of surfactants Polyoxyethylated primary amine (C14–C18); the fatty amine is derived from an ani- Applied prior to planting Surfactant mal source and contains 3% water; the poly(oxyethylene) content averages 20 of any crop, or as di- moles. rected spray around the base of any crop.. Polyvinylpyrrolidone, butylated...... Surfactants, related adjuvants of surfactants Sodium polyflavinoidsulfonate, consisting chiefly of the copolymer of catechin and ...... Sunscreen agent for viral insecti- leucocyanidin. cides for use on cotton Styrene--maleic anhydride copolymer For preemergence use Suspending or dispersing agent only.. Styrene--maleic anhydride copolymer, ester derivative. Limited to 3% of the for- Suspending or dispersing agent. mulation.. For pre-emergence use and use prior to formation of edible parts of plant a-[2,4,6-Tris[1-(phenyl)ethyl]phenyl]-ω-hydroxy poly(oxyethylene) Not more than 15% in Do. poly(oxypropylene) copolymer, the poly(oxypropylene) content averages 2–8 the pesticide formula- moles, the poly(oxyethylene) content averages 16–30 moles, and the average tion.. molecular weight (in amu) is 1,500. Urea--formaldehyde copolymer (minimum average molecular weight (in amu) ...... Encapsulating agent 30,000); CAS No. 9011–05–6. Vinyl chloride--vinyl acetate copolymers. Not more than 2% of Inert binding agent for formula- pesticide formulation. tion applied only to soil. Vinylpyrrolidone--styrene copolymer (CAS Reg. No. 25086–29–7). Not to exceed 2% of the Opacifier formulation..

iii. Section 180.1001 is further amended by removing the following entries from the table in paragraph (e):

Inert ingredients Limits Uses

Acrylic acid--stearyl methacrylate copolymer (CAS Reg. No. 27756–15–6), min- ...... Emulsifier, suspending agent, or imum number average molecular weight (in amu) 2,500. rheology modifier Acrylonitrile--butadiene copolymer (CAS Reg. No. 9003–18–3) conforming to 21 ...... Carrier in animal tag and similar CFR 180.22, minimum average molecular weight (in amu) 1,000. slow-release devices a-Butyl-ω-hydroxypoly (oxypropylene) block polymer with poly(oxyethylene); mo- ...... Surfactants,emulsifier, related lecular weight (in amu) 2,400–3,500. adjuvants of surfactants. 1,4-Butanediol-methylenebis(4-phenylisocyanate)-poly(tetramethylene glycol) co- ...... Solid diluent; carrier polymer (CAS Reg. No. 9018–04–6); minimum molecular weight (in amu) 158,000. Castor oil, polyoxyethylated; the poly(oxyethylene) content averages 5–54 moles...... Surfactants, related adjuvants of surfactants Castor oil, polyoxyethylated; the poly(oxyethylene) content averages 40 moles...... Surfactants, related adjuvants of surfactants Chlorinated polyethylene (CAS Reg. No. 64754–90–1)...... Resin, component animal tag Cross-linked polyurea-type encapsulating polymer...... Encapsulating agent 1,2 Ethanediamine, polymer with oxirane and methyloxirane (CAS Reg. No...... Surfactant, dispersing agent 26316–40–5) minimum number average molecular weight 2,800 and the range of number average molecular weight is 2,800 to 10,000 daltons. a-Hydro-ω-hydroxypoly (oxypropylene); molecular weight (in amu) 2,000...... Surfactants, related adjuvants of surfactants

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Inert ingredients Limits Uses

a-Hydro-ω-hydroxypoly (oxyethylene)poly (oxypropylene) poly(oxyethylene) block ...... Surfactant, wetting agent copolymer; the minimum poly(oxypropylene) content is 27 moles and the minimum molecular weight (in amu) is 1,900. Maleic acid monobutyl ester--vinyl methyl ether copolymer, CAS No. 25119–68–0, ...... Seed-coating adhesive, gel, and minimum average molecular weight (in amu) 52,000. antitranspirant Maleic acid monoethyl ester--vinyl methyl ether and copolymer, CAS No. 25087– ...... Seed-coating adhesive gel, 06–3, minimum average molecular weight (in amu) 46,000. antitranspirant. Maleic acid monoisopropyl ester--vinyl methyl ether copolymer, CAS No. 31307– ...... Seed-coating adhesive gel, 95–6, minimum average molecular weight (in amu) 49,000. antitranspirant. Methyl vinyl ether--maleic acid copolymer (CAS Reg. No. 25153–40–6), minimum ...... Dispersant number average molecular weight (in amu) 75,000. Methyl vinyl ether--maleic acid copolymer calcium sodium salt (CAS Reg. No...... Dispersant 62386–95–2), minimum number average molecular weight (in amu) 900,000. a-(p-Nonylphenyl)poly(oxypropylene) block polymer with poly(oxyethylene); ...... Do. polyoxyethylene content 30 to 90 moles; molecular weight (in amu) averages 3,000. a-(p-Nonylphenyl)-ω-hydroxypoly(oxypropylene) block polymer with ...... Surfactants, related adjuvants of poly(oxyethylene); polyoxypropylene content of 20–60 moles; polyoxyethylene surfactants content of 30–80 moles; molecular weight (in amu) 2,100–7,100. a-cis-9-Octadecenyl-ω-hydroxypoly (oxyethylene); the octadecenyl group is de- ...... Do. rived from oleyl alcohol and the poly(oxyethylene) content average 20 moles. Polyacrylic acid ...... Surfactants, related adjuvants of surfactants Polyoxyethylated sorbitol fatty acid esters; the polyoxyethylated sorbitol solution ...... Do. containing 15% water is reacted with fatty acids limited to C12, C14, C16, and C18 containing minor amounts of associated fatty acids; the poly(oxyethylene) content averages 30 moles. Poly(oxypropylene) block polymer with poly(oxyethylene); molecular weight (in ...... Do. amu) 1,800–9,000. Polypropylene (CAS Reg. No. 9003–07–0)...... Carrier, component of plastic slow-release tag Polystyrene (CAS Reg. No. 9003–53–6), minimum number average molecular ...... Suspending agent, thickener weight (in amu) 50,000). Polytetrafluoroethylene (CAS Reg. No. 9002–84–0)...... Component of plastic slow release tag Polyvinyl alcohol (CAS Reg. No. 9002–89–5)...... Surfactant Polyvinyl chloride ...... Solid diluent, carrier Vinyl pyrrolidone--dimethylaminoethylmethacrylate copolymer (CAS Reg. No...... Leaching inhibitor, binder for 30581–590), minimum number average molecular weight (in amu) 20,000. water-dispersible aggregates, sticker and suspension stabilizer

§§ 180.1028, 180.1038, 180.1053, 180.1060, Department of Health and Human income level equivalent to one hundred and 180.1112 [Removed] Services were published on February and twenty-five percent (125%) of the 4. Sections 180.1028, 180.1038, 18, 2003. It has come to our attention Federal Poverty Guidelines. Since 1982, 180.1053, 180.1060, and 180.1112 are that the guideline amounts for a family the Department of Health and Human removed. of 5 was inadvertantly omitted from the Services has been responsible for [FR Doc. 03–4384 Filed 2–25–03; 8:45 am] Income Guidelines Table as published. updating and issuing the Poverty BILLING CODE 6560–50–S A corrected table is set forth below. Guidelines. The revised figures for 2003 EFFECTIVE DATE: This rule is effective as set out below are equivalent to 125% of of February 18, 2003. the current Poverty Guidelines as LEGAL SERVICES CORPORATION FOR FURTHER INFORMATION CONTACT: published on February 7, 2003 (68 FR Mattie C. Condray, Senior Assistant 6457). 45 CFR Part 1611 General Counsel, Legal Services List of Subjects in 45 CFR Part 1611 Corporation, 750 First Street NE., Income Level for Individuals Eligible Washington, DC 20002–4250; (202) 336– Grant Programs—Law, Legal Services. for Assistance 8817; [email protected]. For reasons set forth above, 45 CFR AGENCY: Legal Services Corporation. SUPPLEMENTARY INFORMATION: Section 1611 is amended as follows: ACTION: Final rule—Correction. 1007(a)(2) of the Legal Services Corporation Act (‘‘Act’’), 42 U.S.C. PART 1611—ELIGIBILITY SUMMARY: The Legal Services 2996f(a)(2), requires the Corporation to 1. The authority citation for part 1611 Corporation (‘‘Corporation’’) is required establish maximum income levels for continues to read as follows: by law to establish maximum income individuals eligible for legal assistance, levels for individuals eligible for legal and the Act provides that other Authority: Secs. 1006(b)(1), 1007(a)(1) assistance. The 2003 updates to the specified factors shall be taken into Legal Services Corporation Act of 1974, 42 specified income levels reflecting the account along with income. U.S.C. 2996e(b)(1), 2996f(a)(1), 2996f(a)(2). annual amendments to the Federal Section 1611.3(b) of the Corporation’s 2. Appendix A of Part 1611 is revised Poverty Guidelines as issued by the regulations establishes a maximum to read as follows:

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