Lignosulfonates; Exemptions from the Requirement of a Tolerance, 43309-43313 [05-14887]
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43309
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note). Since
tolerances and exemptions that are
established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the
Agency has determined that this action
will not have a substantial direct effect
on States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism(64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
VerDate jul<14>2003
18:34 Jul 26, 2005
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responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VIII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
Parts per
million
Commodity
*
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*
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0.02
*
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[FR Doc. 05–14886 Filed 7–26–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0171; FRL–7720–3]
Lignosulfonates; Exemptions from the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Agency is establishing 44
exemptions from the requirement of a
tolerance for residues of various
lignosulfonate chemicals in or on raw
agricultural commodities when used as
inert ingredients in pesticide
formulations applied to growing crops
or to raw agricultural commodities after
harvest, or to animals under the Federal
List of Subjects in 40 CFR Part 180
Food, Drug, and Cosmetic Act (FFDCA),
as amended by the Food Quality
Environmental protection,
Protection Act of 1996 (FQPA). This
Administrative practice and procedure,
regulation eliminates the need to
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping establish a maximum permissible level
for residues of these lignosulfonate
requirements.
chemicals.
Dated: July 20, 2005.
DATES: This regulation is effective July
Donald R. Stubbs,
27, 2005. Objections and requests for
hearings must be received on or before
Acting Director, Registration Division, Office
of Pesticide Programs.
September 26, 2005.
ADDRESSES: To submit a written
I Therefore, 40 CFR chapter I is
objection or hearing request follow the
amended as follows:
detailed instructions as provided in
PART 180—[AMENDED]
Unit III. of the SUPPLEMENTARY
INFORMATION. EPA has established a
I 1. The authority citation for part 180
docket for this action under docket
continues to read as follows:
identification (ID) number OPP–2005–
Authority: 21 U.S.C. 321(q), 346a and 371.
0171. All documents in the docket are
listed in the EDOCKET index at http:/
I 2. Section 180.142 is amended by
/www.epa.gov/edocket/. Although listed
alphabetically adding commodities to
the table in paragraph (a)(2) introductory in the index, some information is not
publicly available, i.e., Confidential
text and removing and reserving
Business Information (CBI) or other
paragraph (a)(11) to read as follows:
information whose disclosure is
§ 180.142 2,4-D; tolerances for residues.
restricted by statute. Certain other
(a) * * *
material, such as copyrighted material,
(2) * * *
is not placed on the Internet and will be
publicly available only in hard copy
Parts per
form. Publicly available docket
Commodity
million
materials are available either
electronically in EDOCKET or in hard
*
*
*
*
*
Hop ...........................................
0.05 copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
*
*
*
*
*
Rice, wild ..................................
0.1 119, Crystal Mall #2, 1801 S. Bell St.,
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43310
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Kathryn Boyle, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–6304; fax number: (703) 305–
0599; e-mail address:
boyle.kathryn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET (http:/
/www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available on E-CFR
Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
II. Background and Statutory Findings
In the Federal Register of February
16, 2005 (70 FR 7912) (FRL–7691–9),
EPA issued a proposed rule under
section 408(e) of FFDCA, 21 U.S.C.
346a, as amended by FQPA (Public Law
104–170). The Agency proposed to
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18:34 Jul 26, 2005
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establish 44 tolerance exemptions for
residues of various lignosulfonate
chemicals in or on raw agricultural
commodities when used as inert
ingredients in pesticide formulations
applied to growing crops or to raw
agricultural commodities after harvest,
or to animals. The 22 specific chemicals
are identified in the regulatory text.
One comment was received from a
private citizen. The comment consisted
of the following statement ‘‘I oppose
and object to any use or sale of this
product. I certainly find its use as a feed
for animals to be highly dangerous to
Americans.’’ Attached to the comment
was a news article critical of EPA’s
regulation of rat poisons. The Agency
understands the commentor’s concerns
and recognizes that some individuals
believe that pesticides should be banned
completely. However, under the existing
legal framework provided by section
409 of FFDCA, EPA is authorized to
establish pesticide tolerances or
exemptions after demonstrating that the
pesticide meets the safety standard
imposed by the statute. The commentor
has not provided the Agency with
specific rationale or additional
information pertaining to the legal
standards in section 409 of FFDCA for
opposing the establishment of a
tolerance exemption for these
lignosulfonate chemicals. In the absence
of any additional information of a
factual nature, the Agency can not
effectively respond to the commentor’s
disagreement with the Agency’s
decision. Additionally, EPA would note
that this action applies to inert
ingredients in pesticide formulations
applied to growing crops or to raw
agricultural commodities after harvest,
or to animals, and not rat poisons.
No other comments were received.
Accordingly, based on the reasons set
forth in the preamble to the proposed
rule, EPA is establishing 44 new
tolerance exemptions for lignosulfonate
chemicals.
III. Objections and Hearing Requests
Under section 408(g) of FFDCA, as
amended by FQPA, any person may file
an objection to any aspect of this
regulation and may also request a
hearing on those objections. The EPA
procedural regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
Although the procedures in those
regulations require some modification to
reflect the amendments made to FFDCA
by FQPA, EPA will continue to use
those procedures, with appropriate
adjustments, until the necessary
modifications can be made. The new
section 408(g) of FFDCA provides
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essentially the same process for persons
to ‘‘object’’ to a regulation for an
exemption from the requirement of a
tolerance issued by EPA under new
section 408(d) of FFDCA, as was
provided in the old FFDCA sections 408
and 409 of FFDCA. However, the period
for filing objections is now 60 days,
rather than 30 days.
A. What Do I Need to Do to File an
Objection or Request a Hearing?
You must file your objection or
request a hearing on this regulation in
accordance with the instructions
provided in this unit and in 40 CFR part
178. To ensure proper receipt by EPA,
you must identify docket ID number
OPP–2005–0171 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before September 26, 2005.
1. Filing the request. Your objection
must specify the specific provisions in
the regulation that you object to, and the
grounds for the objections (40 CFR
178.25). If a hearing is requested, the
objections must include a statement of
the factual issues 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). Information submitted in
connection with an objection or hearing
request may be claimed confidential by
marking any part or all of that
information as CBI. Information so
marked will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. A copy of the
information that does not contain CBI
must be submitted for inclusion in the
public record. Information not marked
confidential may be disclosed publicly
by EPA without prior notice.
Mail your written request to: Office of
the Hearing Clerk (1900L),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001. You may also deliver
your request to the Office of the Hearing
Clerk in Suite 350, 1099 14th St., NW.,
Washington, DC 20005. The Office of
the Hearing Clerk is open from 8 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Office of the Hearing
Clerk is (202) 564–6255.
2. Copies for the Docket. In addition
to filing an objection or hearing request
with the Hearing Clerk as described in
Unit III.A., you should also send a copy
of your request to the PIRIB for its
inclusion in the official record that is
described in ADDRESSES. Mail your
copies, identified by docket ID number
OPP–2005–0171, to: Public Information
and Records Integrity Branch,
E:\FR\FM\27JYR1.SGM
27JYR1
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
Information Resources and Services
Division (7502C), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001. In person
or by courier, bring a copy to the
location of the PIRIB described in
ADDRESSES. You may also send an
electronic copy of your request via email to: opp-docket@epa.gov. Please use
an ASCII file format and avoid the use
of special characters and any form of
encryption. Copies of electronic
objections and hearing requests will also
be accepted on disks in WordPerfect
6.1/8.0 or ASCII file format. Do not
include any CBI in your electronic copy.
You may also submit an electronic copy
of your request at many Federal
Depository Libraries.
B. When Will the Agency Grant a
Request for a Hearing?
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
issues in the manner sought by the
requestor would be adequate to justify
the action requested (40 CFR 178.32).
IV. Statutory and Executive Order
Reviews
This final rule establishes an
exemption from the tolerance
requirement under section 408(d) of
FFDCA in response to a petition
submitted to the Agency. The Office of
Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this rule has been exempted
from review under Executive Order
12866 due to its lack of significance,
this rule is not subject to Executive
Order 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001). This final rule
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4). Nor does it require any
special considerations under Executive
Order 12898, entitled Federal Actions to
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18:34 Jul 26, 2005
Jkt 205001
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994); or OMB review or any Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note). The Agency
hereby certifies that this rule will not
have significant negative economic
impact on a substantial number of small
entities. In addition, the Agency has
determined that this action will not
have a substantial direct effect on States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132,
entitledFederalism (64 FR 43255,
August 10, 1999). Executive Order
13132 requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’ This
final rule directly regulates growers,
food processors, food handlers, and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of the
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
43311
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of this final
rule in the Federal Register. This final
rule is not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 18, 2005.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346(a) and
371.
§ 180.910
[Amended]
2. Section 180.910 is amended by
removing the following entries from the
table: Ethoxylated lignosulfonic acid,
sodium salt; lignosulfonate, ammonium,
calcium, magnesium, potassium,
sodium, and zinc salts; oxidized pine
lignin, sodium salt; and pine lignin.
I 3. Section 180.910 is amended by
adding alphabetically the following
entries to the table to read as follows:
I
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27JYR1
43312
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
*
*
*
*
Inert ingredients
Limits
*
*
Lignin (CAS Reg. No. 9005–53–2) ...........................................
Lignin, alkali (CAS Reg. No. 8068–05–1) ................................
Lignin, alkali, oxidized, sodium salt (CAS Reg. No. 68201–
23–0).
Lignin alkali reaction products with disodium sulfite and formaldehyde (CAS Reg. No. 105859–97–0).
Lignin alkali reaction products with formaldehyde and sodium
bisulfite (CAS Reg. No. 68512–35–6).
Lignosulfonic acid (CAS Reg. No. 8062–15–5) .......................
Lignosulfonic acid, ammonium calcium salt (CAS Reg. No.
12710–04–2).
Lignosulfonic acid, ammonium magnesium salt (CAS Reg.
No. 123175–37–1).
Lignosulfonic acid, ammonium salt (CAS Reg. No. 8061–53–
8).
Lignosulfonic acid, ammonium sodium salt (CAS Reg. No.
166798–73–8).
Lignosulfonic acid, calcium magnesium salt (CAS Reg. No.
55598–86–2).
Lignosulfonic acid, calcium salt (CAS Reg. No. 8061–52–7) ..
Lignosulfonic acid, calcium sodium salt (CAS Reg. No.
37325–33–0).
Lignosulfonic acid, ethoxylated, sodium salt (CAS Reg. No.
68611–14–3).
Lignosulfonic acid, magnesium salt (CAS Reg. No. 8061–54–
9).
Lignosulfonic acid, potassium salt (CAS Reg. No. 37314–65–
1).
Lignosulfonic acid, sodium salt (CAS Reg. No. 8061–51–6) ...
Lignosulfonic acid, sodium salt, oxidized (CAS Reg. No.
68855–41–4).
Lignosulfonic acid, sodium salt, polymer with formaldehyde
and phenol (CAS Reg. No. 37207–89–9).
Lignosulfonic acid, sodium salt, sulfomethylated (CAS Reg.
No. 68512–34–5).
Lignosulfonic acid, zinc salt (CAS Reg. No. 57866–49–6) ......
*
*
Sulfite liquors and cooking liquors, spent, oxidized (CAS Reg.
No. 68514–09–0).
*
*
*
*
§ 180.930
*
*
*
[Amended]
4. Section 180.930 is amended by
removing the following entries from the
table: Lignosulfonate, ammonium,
I
Jkt 205001
*
*
*
Surfactant, related adjuvants of surfactants
Do.
Do.
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Do.
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Do.
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Do.
Do.
.......................
Do.
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Do.
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Do.
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Do.
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Do.
Do.
.......................
Do.
.......................
Do.
.......................
Do.
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Do.
Do.
.......................
Do.
.......................
Do.
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*
*
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Do.
*
*
*
Surfactant, related adjuvants of surfactants
*
*
*
*
*
§ 180.930 Inert ingredients applied to
animals; exemptions from the requirement
of a tolerance.
*
*
Limits
*
*
Lignin (CAS Reg. No. 9005–53–2) ...........................................
Lignin, alkali (CAS Reg. No. 8068–05–1) ................................
Lignin, alkali, oxidized, sodium salt (CAS Reg. No. 68201–
23–0).
Lignin alkali reaction products with disodium sulfite and formaldehyde (CAS Reg. No. 105859–97–0).
Lignin alkali reaction products with formaldehyde and sodium
bisulfite (CAS Reg. No. 68512–35–6).
Lignosulfonic acid (CAS Reg. No. 8062–15–5) .......................
Lignosulfonic acid, ammonium calcium salt (CAS Reg. No.
12710–04–2).
Lignosulfonic acid, ammonium magnesium salt (CAS Reg.
No. 123175–37–1).
18:34 Jul 26, 2005
*
*
.......................
.......................
.......................
calcium, magnesium, potassium,
sodium, and zinc salts; oxidized pine
lignin, sodium salt; and pine lignin.
I 5. Section 180.930 is amended by
adding alphabetically the following
entries to the table to read as follows:
Inert ingredients
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Uses
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*
*
*
Uses
*
*
.......................
.......................
.......................
*
*
*
Surfactant, related adjuvants of surfactants
Do.
Do.
.......................
Do.
.......................
Do.
.......................
.......................
Do.
Do.
.......................
Do.
Fmt 4700
Sfmt 4700
E:\FR\FM\27JYR1.SGM
27JYR1
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
Inert ingredients
Limits
Lignosulfonic acid, ammonium salt (CAS Reg. No. 8061–53–
8).
Lignosulfonic acid, ammonium sodium salt (CAS Reg. No.
166798–73–8).
Lignosulfonic acid, calcium magnesium salt (CAS Reg. No.
55598–86–2).
Lignosulfonic acid, calcium salt (CAS Reg. No. 8061–52–7) ..
Lignosulfonic acid, calcium sodium salt (CAS Reg. No.
37325–33–0).
Lignosulfonic acid, ethoxylated, sodium salt (CAS Reg. No.
68611–14–3).
Lignosulfonic acid, magnesium salt (CAS Reg. No. 8061–54–
9).
Lignosulfonic acid, potassium salt (CAS Reg. No. 37314–65–
1).
Lignosulfonic acid, sodium salt (CAS Reg. No. 8061–51–6) ...
Lignosulfonic acid, sodium salt, oxidized (CAS Reg. No.
68855–41–4).
Lignosulfonic acid, sodium salt, polymer with formaldehyde
and phenol (CAS Reg. No. 37207–89–9).
Lignosulfonic acid, sodium salt, sulfomethylated (CAS Reg.
No. 68512–34–5).
Lignosulfonic acid, zinc salt (CAS Reg. No. 57866–49–6) ......
*
*
Sulfite liquors and cooking liquors, spent, oxidized (CAS Reg.
No. 68514–09–0).
*
*
*
*
*
*
*
[FR Doc. 05–14887 Filed 7–26–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0184; FRL–7725–5]
Pinoxaden; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation establishes a
tolerance for combined residues of
pinoxaden in or on barley and wheat.
Syngenta Crop Protection, Inc.,
requested this tolerance under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
DATES: This regulation is effective July
27, 2005. Objections and requests for
hearings must be received on or before
September 26, 2005.
ADDRESSES: To submit a written
objection or hearing request follow the
detailed instructions as provided in
Unit VI. of the SUPPLEMENTARY
INFORMATION. EPA has established a
docket for this action under docket
identification (ID) number OPP–2005–
0184. All documents in the docket are
listed in the EDOCKET index at http:/
/www.epa.gov/edocket/. Although listed
in the index, some information is not
VerDate jul<14>2003
18:34 Jul 26, 2005
Jkt 205001
43313
Uses
.......................
Do.
.......................
Do.
.......................
Do.
.......................
.......................
Do.
Do.
.......................
Do.
.......................
Do.
.......................
Do.
.......................
.......................
Do.
Do.
.......................
Do.
.......................
Do.
.......................
*
*
.......................
Do.
*
*
*
Surfactant, related adjuvants of surfactants
*
*
*
*
*
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT: Jim
Tompkins, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 305–5697; e-mail address:
tompkins.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
• Animal production (NAICS 112),
e.g., cattle ranchers and farmers, dairy
cattle farmers, livestock farmers.
• Food manufacturing (NAICS 311),
e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS
32532), e.g., agricultural workers;
commercial applicators; farmers;
greenhouse, nursery, and floriculture
workers; residential users.
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
I. General Information
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET
(https://www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available at E-CFR
Beta Site Two at https://
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS 111), e.g.,
agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
E:\FR\FM\27JYR1.SGM
27JYR1
Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43309-43313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14887]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0171; FRL-7720-3]
Lignosulfonates; Exemptions from the Requirement of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Agency is establishing 44 exemptions from the requirement
of a tolerance for residues of various lignosulfonate chemicals in or
on raw agricultural commodities when used as inert ingredients in
pesticide formulations applied to growing crops or to raw agricultural
commodities after harvest, or to animals under the Federal Food, Drug,
and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act
of 1996 (FQPA). This regulation eliminates the need to establish a
maximum permissible level for residues of these lignosulfonate
chemicals.
DATES: This regulation is effective July 27, 2005. Objections and
requests for hearings must be received on or before September 26, 2005.
ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit III. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under docket
identification (ID) number OPP-2005-0171. All documents in the docket
are listed in the EDOCKET index at https://www.epa.gov/edocket/.
Although listed in the index, some information is not publicly
available, i.e., Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in
EDOCKET or in hard copy at the Public Information and Records Integrity
Branch (PIRIB), Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
[[Page 43310]]
Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The docket telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 305-6304; fax number: (703) 305-0599; e-mail address:
boyle.kathryn@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using EDOCKET (https://www.epa.gov/edocket/), you may
access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at https://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 180
is available on E-CFR Beta Site Two at https://www.gpoaccess.gov/ecfr/.
II. Background and Statutory Findings
In the Federal Register of February 16, 2005 (70 FR 7912) (FRL-
7691-9), EPA issued a proposed rule under section 408(e) of FFDCA, 21
U.S.C. 346a, as amended by FQPA (Public Law 104-170). The Agency
proposed to establish 44 tolerance exemptions for residues of various
lignosulfonate chemicals in or on raw agricultural commodities when
used as inert ingredients in pesticide formulations applied to growing
crops or to raw agricultural commodities after harvest, or to animals.
The 22 specific chemicals are identified in the regulatory text.
One comment was received from a private citizen. The comment
consisted of the following statement ``I oppose and object to any use
or sale of this product. I certainly find its use as a feed for animals
to be highly dangerous to Americans.'' Attached to the comment was a
news article critical of EPA's regulation of rat poisons. The Agency
understands the commentor's concerns and recognizes that some
individuals believe that pesticides should be banned completely.
However, under the existing legal framework provided by section 409 of
FFDCA, EPA is authorized to establish pesticide tolerances or
exemptions after demonstrating that the pesticide meets the safety
standard imposed by the statute. The commentor has not provided the
Agency with specific rationale or additional information pertaining to
the legal standards in section 409 of FFDCA for opposing the
establishment of a tolerance exemption for these lignosulfonate
chemicals. In the absence of any additional information of a factual
nature, the Agency can not effectively respond to the commentor's
disagreement with the Agency's decision. Additionally, EPA would note
that this action applies to inert ingredients in pesticide formulations
applied to growing crops or to raw agricultural commodities after
harvest, or to animals, and not rat poisons.
No other comments were received.
Accordingly, based on the reasons set forth in the preamble to the
proposed rule, EPA is establishing 44 new tolerance exemptions for
lignosulfonate chemicals.
III. Objections and Hearing Requests
Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. Although the procedures in those regulations require
some modification to reflect the amendments made to FFDCA by FQPA, EPA
will continue to use those procedures, with appropriate adjustments,
until the necessary modifications can be made. The new section 408(g)
of FFDCA provides essentially the same process for persons to
``object'' to a regulation for an exemption from the requirement of a
tolerance issued by EPA under new section 408(d) of FFDCA, as was
provided in the old FFDCA sections 408 and 409 of FFDCA. However, the
period for filing objections is now 60 days, rather than 30 days.
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number OPP-2005-0171 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before September
26, 2005.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues 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).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14\th\ St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is (202) 564-6255.
2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit III.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in ADDRESSES. Mail your
copies, identified by docket ID number OPP-2005-0171, to: Public
Information and Records Integrity Branch,
[[Page 43311]]
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001. In person or by courier, bring a
copy to the location of the PIRIB described in ADDRESSES. You may also
send an electronic copy of your request via e-mail to: opp-
docket@epa.gov. Please use an ASCII file format and avoid the use of
special characters and any form of encryption. Copies of electronic
objections and hearing requests will also be accepted on disks in
WordPerfect 6.1/8.0 or ASCII file format. Do not include any CBI in
your electronic copy. You may also submit an electronic copy of your
request at many Federal Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
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 issues in the manner sought by
the requestor would be adequate to justify the action requested (40 CFR
178.32).
IV. Statutory and Executive Order Reviews
This final rule establishes an exemption from the tolerance
requirement under section 408(d) of FFDCA in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or impose any enforceable duty or
contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor
does it require any special considerations under Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994);
or OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). This action does not
involve any technical standards that would require Agency consideration
of voluntary consensus standards pursuant to section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (NTTAA),
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). The Agency
hereby certifies that this rule will not have significant negative
economic impact on a substantial number of small entities. In addition,
the Agency has determined that this action will not have a substantial
direct effect on States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitledFederalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This final rule directly regulates growers, food
processors, food handlers, and food retailers, not States. This action
does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of the FFDCA. For these same reasons, the Agency
has determined that this rule does not have any ``tribal implications''
as described in Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Executive Order 13175, requires EPA to develop an accountable
process to ensure ``meaningful and timely input by tribal officials in
the development of regulatory policies that have tribal implications.''
``Policies that have tribal implications'' is defined in the Executive
order to include regulations that have ``substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.''
This rule will not have substantial direct effects on tribal
governments, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this rule.
V. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of this final rule in the Federal Register. This final
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 18, 2005.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
Sec. 180.910 [Amended]
0
2. Section 180.910 is amended by removing the following entries from
the table: Ethoxylated lignosulfonic acid, sodium salt; lignosulfonate,
ammonium, calcium, magnesium, potassium, sodium, and zinc salts;
oxidized pine lignin, sodium salt; and pine lignin.
0
3. Section 180.910 is amended by adding alphabetically the following
entries to the table to read as follows:
[[Page 43312]]
Sec. 180.910 Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Lignin (CAS Reg. No. 9005-53-2) .................. Surfactant,
related adjuvants
of surfactants
Lignin, alkali (CAS Reg. No. .................. Do.
8068-05-1).
Lignin, alkali, oxidized, sodium .................. Do.
salt (CAS Reg. No. 68201-23-0).
Lignin alkali reaction products .................. Do.
with disodium sulfite and
formaldehyde (CAS Reg. No.
105859-97-0).
Lignin alkali reaction products .................. Do.
with formaldehyde and sodium
bisulfite (CAS Reg. No. 68512-
35-6).
Lignosulfonic acid (CAS Reg. No. .................. Do.
8062-15-5).
Lignosulfonic acid, ammonium .................. Do.
calcium salt (CAS Reg. No.
12710-04-2).
Lignosulfonic acid, ammonium .................. Do.
magnesium salt (CAS Reg. No.
123175-37-1).
Lignosulfonic acid, ammonium .................. Do.
salt (CAS Reg. No. 8061-53-8).
Lignosulfonic acid, ammonium .................. Do.
sodium salt (CAS Reg. No.
166798-73-8).
Lignosulfonic acid, calcium .................. Do.
magnesium salt (CAS Reg. No.
55598-86-2).
Lignosulfonic acid, calcium salt .................. Do.
(CAS Reg. No. 8061-52-7).
Lignosulfonic acid, calcium .................. Do.
sodium salt (CAS Reg. No. 37325-
33-0).
Lignosulfonic acid, ethoxylated, .................. Do.
sodium salt (CAS Reg. No. 68611-
14-3).
Lignosulfonic acid, magnesium .................. Do.
salt (CAS Reg. No. 8061-54-9).
Lignosulfonic acid, potassium .................. Do.
salt (CAS Reg. No. 37314-65-1).
Lignosulfonic acid, sodium salt .................. Do.
(CAS Reg. No. 8061-51-6).
Lignosulfonic acid, sodium salt, .................. Do.
oxidized (CAS Reg. No. 68855-41-
4).
Lignosulfonic acid, sodium salt, .................. Do.
polymer with formaldehyde and
phenol (CAS Reg. No. 37207-89-
9).
Lignosulfonic acid, sodium salt, .................. Do.
sulfomethylated (CAS Reg. No.
68512-34-5).
Lignosulfonic acid, zinc salt .................. Do.
(CAS Reg. No. 57866-49-6).
* * * * * * *
Sulfite liquors and cooking .................. Surfactant,
liquors, spent, oxidized (CAS related adjuvants
Reg. No. 68514-09-0). of surfactants
* * * * * * *
------------------------------------------------------------------------
* * * * *
Sec. 180.930 [Amended]
0
4. Section 180.930 is amended by removing the following entries from
the table: Lignosulfonate, ammonium, calcium, magnesium, potassium,
sodium, and zinc salts; oxidized pine lignin, sodium salt; and pine
lignin.
0
5. Section 180.930 is amended by adding alphabetically the following
entries to the table to read as follows:
Sec. 180.930 Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Lignin (CAS Reg. No. 9005-53-2) .................. Surfactant,
related adjuvants
of surfactants
Lignin, alkali (CAS Reg. No. .................. Do.
8068-05-1).
Lignin, alkali, oxidized, sodium .................. Do.
salt (CAS Reg. No. 68201-23-0).
Lignin alkali reaction products .................. Do.
with disodium sulfite and
formaldehyde (CAS Reg. No.
105859-97-0).
Lignin alkali reaction products .................. Do.
with formaldehyde and sodium
bisulfite (CAS Reg. No. 68512-
35-6).
Lignosulfonic acid (CAS Reg. No. .................. Do.
8062-15-5).
Lignosulfonic acid, ammonium .................. Do.
calcium salt (CAS Reg. No.
12710-04-2).
Lignosulfonic acid, ammonium .................. Do.
magnesium salt (CAS Reg. No.
123175-37-1).
[[Page 43313]]
Lignosulfonic acid, ammonium .................. Do.
salt (CAS Reg. No. 8061-53-8).
Lignosulfonic acid, ammonium .................. Do.
sodium salt (CAS Reg. No.
166798-73-8).
Lignosulfonic acid, calcium .................. Do.
magnesium salt (CAS Reg. No.
55598-86-2).
Lignosulfonic acid, calcium salt .................. Do.
(CAS Reg. No. 8061-52-7).
Lignosulfonic acid, calcium .................. Do.
sodium salt (CAS Reg. No. 37325-
33-0).
Lignosulfonic acid, ethoxylated, .................. Do.
sodium salt (CAS Reg. No. 68611-
14-3).
Lignosulfonic acid, magnesium .................. Do.
salt (CAS Reg. No. 8061-54-9).
Lignosulfonic acid, potassium .................. Do.
salt (CAS Reg. No. 37314-65-1).
Lignosulfonic acid, sodium salt .................. Do.
(CAS Reg. No. 8061-51-6).
Lignosulfonic acid, sodium salt, .................. Do.
oxidized (CAS Reg. No. 68855-41-
4).
Lignosulfonic acid, sodium salt, .................. Do.
polymer with formaldehyde and
phenol (CAS Reg. No. 37207-89-
9).
Lignosulfonic acid, sodium salt, .................. Do.
sulfomethylated (CAS Reg. No.
68512-34-5).
Lignosulfonic acid, zinc salt .................. Do.
(CAS Reg. No. 57866-49-6).
* * * * * * *
Sulfite liquors and cooking .................. Surfactant,
liquors, spent, oxidized (CAS related adjuvants
Reg. No. 68514-09-0). of surfactants
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 05-14887 Filed 7-26-05; 8:45 am]
BILLING CODE 6560-50-S