Pesticides: Minimal Risk Tolerance Exemptions, 4087-4090 [06-574]
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Proposed Rules
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401 et seq.
Dated: January 17, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E6–907 Filed 1–24–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2005–0487; FRL–7754–8]
Pesticides: Minimal Risk Tolerance
Exemptions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
This document proposes to
reorganize certain existing tolerance
exemptions. All of these chemical
substances were reviewed as part of the
tolerance reassessment process required
under the Food Quality Protection Act
of 1996 (FQPA). As a result of that
review, 13 chemical substances are now
classified as ‘‘minimal risk.’’ The
Agency intends to shift the existing
tolerance exemptions for these
chemicals to 40 CFR 180.950(e). The
Agency is merely moving certain
tolerance exemptions from one section
of the CFR to another section: No
tolerance exemptions are lost or added
as a result of this action.
DATES: Comments must be received on
or before March 27, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0487, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov/. Follow the online instructions for submitting
comments.
• Agency Website: https://
www.epa.gov/edocket/. EDOCKET,
EPA’s electronic public docket and
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SUMMARY:
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comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
• E-mail: Comments may be sent by
e-mail to opp-docket@epa.gov,
Attention: Docket ID number EPA–HQ–
OPP–2005–0487.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001, Attention:
Docket ID number EPA–HQ–OPP–2005–
0487.
• Hand delivery: Public Information
and Records Integrity Branch (PIRIB),
Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID
number EPA–HQ–OPP–2005–0487.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
• Instructions: Direct your comments
to docket ID number EPA–HQ–OPP–
2005–0487. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.epa.gov/edocket/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the regulations.gov
websites are anonymous access systems,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through EDOCKET or regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
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4087
about EPA’s public docket visit
EDOCKET on-line or see the Federal
Register of May 31, 2002 (67 FR 38102)
(FRL–7181–7).
Docket: 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., 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:
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.
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Proposed Rules
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://
www.gpoaccess.gov/ecfr/.
cprice-sewell on PROD1PC66 with PROPOSALS
C. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov, or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date, and page number).
ii. Follow directions. The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
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II. What is the Agency’s Authority for
Taking this Action?
This proposed rule is issued under
section 408 of FFDCA, 21 U.S.C. 346a,
as amended by the Food Quality
Protection Act of 1996 (FQPA) (Public
Law 104–170). Section 408(e) of FFDCA
authorizes EPA to establish, modify, or
revoke tolerances, or exemptions from
the requirement of a tolerance for
residues of pesticide chemicals in or on
raw agricultural commodities and
processed foods.
III. What Action is the Agency Taking?
In the Federal Register of May 24,
2002 (67 FR 36534) (FRL–6834–8) EPA
established a new section 180.950 to list
the pesticide chemical substances that
are exempted from the requirement of a
tolerance based on the Agency’s
determination that these chemical
substances are of ‘‘minimal risk.’’ This
proposed rule shifts existing tolerance
exemptions for certain inert ingredients
that have been classified by the Agency
as List 4A, ‘‘minimal risk,’’ to 40 CFR
180.950(e). The decision documents
supporting the minimal risk, List 4A
classification, are in the docket. Because
this action merely moves certain
tolerance exemptions from one section
of CFR to another section, it will have
no substantive or procedural effect on
the moved tolerance exemptions. No
tolerance exemptions are lost or added
as a result of this action.
The Agency is proposing to shift the
following tolerance exemptions to 40
CFR 180.950(e):
• From 40 CFR 180.910: Ascorbic
acid (CAS Reg, No. 50–1–7); beeswax;
carnauba wax; glycerol; isopropyl
alcohol; soap (sodium or potassium salts
of fatty acids); sodium benzoate; sodium
bicarbonate; sorbitol; and sperm oil
conforming to 21 CFR 172.210;
• From 40 CFR 180.920: Vanillin
• From 40 CFR 180.930: Carnauba
wax (CAS Reg. No. 8015–86–9);
glycerol(glycerin); isopropyl alcohol;
and sodium benzoate
• From 40 CFR 180.940(a): 2propanol(isopropanol); and sodium
bicarbonate
• From 40 CFR 180.940(b): 2propanol(isopropanol)
• From 40 CFR 180.940(c): 2propanol(isopropanol); and sodium
bicarbonate
• One of the exemptions (sorbic acid,
and potassium salt) covers two
chemicals. One of the chemicals has
been determined to be List 4A and other
List 4B. Another tolerance exemption
(potassium carbonate) covers three
chemicals. One of the chemicals has
been determined to be List 4A, and the
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other two are List 4B. Therefore, these
tolerance exemptions are essentially
‘‘split’’ with only the 4A chemicals to be
shifted to 40 CFR 180.950, while the 4B
chemicals are to remain where currently
established. Therefore, these two
existing tolerance exemptions are to be
revised to specify only the List 4B
chemicals.
IV. Nomenclature Changes
For most of the chemical substances
that are being shifted to 40 CFR
180.950(e), EPA is changing the
chemical substance names that were
previously used. The Agency has
attempted to identify each of the listed
chemical substances using the Chemical
Abstracts Service Registry Number (CAS
No.). The CAS No. provides one of the
most distinct and universally accepted
means of identifying chemical
substances. Generally, there will be only
one CAS No. per listed substance. EPA
has both broadened and consolidated
names to account for differing
terminologies and current usage status.
These name changes are not intended to
broaden or narrow the scope of the
existing exemption but rather to define
the scope of the exemption more
precisely.
V. Statutory and Executive Order
Reviews
This proposed rule merely reorganizes existing exemptions in 40 CFR
part 180. This has no substantive effect
and hence causes no impact. On its own
initiative, the Agency is acting under
section 408(e) of the FFDCA in shifting
these existing tolerance exemptions to a
different section of CFR. Under
Executive Order 12866, entitled
Regulatory Planning and Review (58 FR
51735, October 4, 1993) this action is
not a ‘‘significant regulatory action’’
subject to review and by the Office of
Management and Budget (OMB).
Because the proposed rule has been
exempted from review under Executive
Order 12866 due to its lack of
significance, this proposed 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 proposed 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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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Proposed Rules
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). Pursuant to
section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency hereby certifies that
this proposed action 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, 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 proposed
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
proposed 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
proposed 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 proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 12, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
would continue to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 374
2. In §180.910, the table is amended
by removing the following entries:
Ascorbic acid (CAS Reg, No. 50–81–7);
beeswax; carnauba wax; glycerol;
isopropyl alcohol; soap (sodium or
potassium salts of fatty acids); sodium
benzoate; sodium bicarbonate; sorbitol;
and sperm oil conforming to 21 CFR
172.210; and by revising the entry for
sorbic acid (and potassium salt) to read
as follows:.
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
*
*
*
Inert Ingredients
*
........................................
*
3. In §180.920, the table is amended
by removing the entry for vanillin; and
the entry for potassium carbonate is
removed and replaced with two new
entries to read as follows:
Uses
*
*
*
Limits
*
*
*
*
Carbonic acid, dipotassium salt (CAS Reg. No. 584–08–7) ........................................
Carbonic acid, dipotassium salt, trihydrate (CAS Reg. No. 18662–52–7) ...................
*
*
*
*
*
........................................
........................................
*
§ 180.930
[Amended]
§ 180.940
4. In §180.930 the table is amended by
removing the following entries:
Carnauba wax (CAS Reg. No. 8015–86–
9); glycerol(glycerin); isopropyl alcohol;
and sodium benzoate.
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[Amended]
5. In §180.940, the table in paragraph
(a) is amended by removing the entries
for 2-propanol(isopropanol) and sodium
bicarbonate; the table in paragraph (b) is
amended by removing the entry for 2propanol(isopropanol); and the table in
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*
*
Preservative for formulations
*
*
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
Inert Ingredients
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*
Limits
*
*
*
*
Sorbic acid (CAS Reg. No. 110–44–1) ........................................................................
*
*
*
*
*
*
*
Uses
*
Buffering agent
Do.
*
*
*
paragraph (c) is amended by removing
the entries for 2-propanol(isopropanol)
and sodium bicarbonate.
6. In §180.950, the table in paragraph
(e) is amended by adding alphabetically
the following entries to read as follows:
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§ 180.940 Tolerance exemptions for
minimal risk active and inert ingredients.
*
*
*
*
(e) * * *
*
Chemical Name
CAS Reg. No.
*
*
*
*
*
*
*
Ascorbic acid (vitamin C) .....................................................................................................................................................
Beeswax ..............................................................................................................................................................................
Benzoic acid, sodium salt ....................................................................................................................................................
*
*
*
*
*
*
*
Carnauba wax ......................................................................................................................................................................
Carbonic acid, monopotassium salt ....................................................................................................................................
Carbonic acid, monosodium salt (sodium bicarbonate) ......................................................................................................
*
*
*
*
*
*
*
D-Glucitol (sorbitol) ..............................................................................................................................................................
Glycerol (glycerin) (1,2,3-propanetriol) ................................................................................................................................
*
*
*
*
*
*
*
2-Propanol (isopropyl alcohol) .............................................................................................................................................
*
*
*
*
*
*
*
Soap (The water soluble sodium or potassium salts of fatty acids producted by either the saponification of fats and
oils, or the neutralization of fatty acid ..............................................................................................................................
Sorbic acid, potassium salt ..................................................................................................................................................
Sperm oil ..............................................................................................................................................................................
*
*
*
*
*
*
*
Vanillin .................................................................................................................................................................................
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 06–17, MB Docket No. 03–179, RM
10752]
Radio Broadcasting Services;
Quitaque, TX
Federal Communications
Commission.
ACTION: Proposed rule; dismissal.
AGENCY:
cprice-sewell on PROD1PC66 with PROPOSALS
This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 03–179,
adopted January 4, 2006, and released
January 6, 2006. The full text of this
Commission decision is available for
inspection and copying during normal
business hours in the FCC Reference
Information Center (Room CY–A257),
445 12th Street, SW., Washington, DC.
The complete text of this decision may
also be purchased from the
Commission’s copy contractor, Best
Copy and Printing, Inc., Portals II, 445
12th Street, SW., Room CY–B402,
Washington, DC 20054, telephone 1–
800–378–3160 or https://
www.BCPIWEB.com. This document is
not subject to the Congressional Review
Act. The Commission, is, therefore, not
required to submit a copy of this Report
and Order to GAO, pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A) because the proposed rule
was dismissed.
SUPPLEMENTARY INFORMATION:
[FR Doc. 06–574 Filed 1–24–06; 8:45 am]
SUMMARY: The Audio Division dismisses
a petition for rulemaking filed by
Charles Crawford proposing the
allotment of Channel 261C3 at
Quitaque, Texas, as potentially the
community’s second local FM
transmission service. See 68 FR 47284,
August 8, 2003. A showing of
continuing interest is required before a
channel will be allotted. It is the
Commission’s policy to refrain from
making an allotment to a community
absent an expression of interest.
Therefore, we will dismiss the instant
petition.
Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media
Bureau.
[FR Doc. 06–575 Filed 1–24–06; 8:45 am]
BILLING CODE 6712–01–P
FOR FURTHER INFORMATION CONTACT:
Sharon P. McDonald, Media Bureau,
(202) 418–2180.
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*
50–81–7
8012–89–3
532–32–1
*
8015–86–9
298–14–6
144–55–8
*
50–70–4
56–81–5
*
67–63–0
*
None
24634–61–5
8002–24–2
*
121–33–5
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 580
[Docket No. NHTSA–2005–22899]
Petition for Rulemaking; Diane and
Dorsey Smith
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Denial of Petition for
Rulemaking.
AGENCY:
SUMMARY: This notice denies a petition
filed by Diane and Dorsey Smith
requesting that the National Highway
Traffic Safety Administration (NHTSA)
amend its regulation concerning
odometer disclosure requirements to
eliminate the exemption for vehicles
having a Gross Vehicle Weight Rating of
more than 16,000 pounds.
FOR FURTHER INFORMATION CONTACT: The
following persons at the National
Highway Traffic Safety Administration,
400 Seventh St., SW., Washington, DC
20590.
For technical issues, you may contact
Richard C. Morse, Director of the Office
of Odometer Fraud Investigation, by
phone at (202) 366–4761.
For legal issues, you may contact
Katherine Gehringer of the NHTSA
Office of Chief Counsel by telephone at
E:\FR\FM\25JAP1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Proposed Rules]
[Pages 4087-4090]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-574]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2005-0487; FRL-7754-8]
Pesticides: Minimal Risk Tolerance Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This document proposes to reorganize certain existing
tolerance exemptions. All of these chemical substances were reviewed as
part of the tolerance reassessment process required under the Food
Quality Protection Act of 1996 (FQPA). As a result of that review, 13
chemical substances are now classified as ``minimal risk.'' The Agency
intends to shift the existing tolerance exemptions for these chemicals
to 40 CFR 180.950(e). The Agency is merely moving certain tolerance
exemptions from one section of the CFR to another section: No tolerance
exemptions are lost or added as a result of this action.
DATES: Comments must be received on or before March 27, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0487, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the on-line instructions for submitting comments.
Agency Website: https://www.epa.gov/edocket/. EDOCKET,
EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
E-mail: Comments may be sent by e-mail to opp-
docket@epa.gov, Attention: Docket ID number EPA-HQ-OPP-2005-0487.
Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID number EPA-HQ-OPP-2005-0487.
Hand delivery: Public Information and Records Integrity
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2005-0487. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to docket ID number
EPA-HQ-OPP-2005-0487. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at https://www.epa.gov/edocket/, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov
websites are anonymous access systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through EDOCKET or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102) (FRL-7181-7).
Docket: 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., 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: 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.
[[Page 4088]]
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://www.gpoaccess.gov/ecfr/.
C. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date, and page number).
ii. Follow directions. The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. What is the Agency's Authority for Taking this Action?
This proposed rule is issued under section 408 of FFDCA, 21 U.S.C.
346a, as amended by the Food Quality Protection Act of 1996 (FQPA)
(Public Law 104-170). Section 408(e) of FFDCA authorizes EPA to
establish, modify, or revoke tolerances, or exemptions from the
requirement of a tolerance for residues of pesticide chemicals in or on
raw agricultural commodities and processed foods.
III. What Action is the Agency Taking?
In the Federal Register of May 24, 2002 (67 FR 36534) (FRL-6834-8)
EPA established a new section 180.950 to list the pesticide chemical
substances that are exempted from the requirement of a tolerance based
on the Agency's determination that these chemical substances are of
``minimal risk.'' This proposed rule shifts existing tolerance
exemptions for certain inert ingredients that have been classified by
the Agency as List 4A, ``minimal risk,'' to 40 CFR 180.950(e). The
decision documents supporting the minimal risk, List 4A classification,
are in the docket. Because this action merely moves certain tolerance
exemptions from one section of CFR to another section, it will have no
substantive or procedural effect on the moved tolerance exemptions. No
tolerance exemptions are lost or added as a result of this action.
The Agency is proposing to shift the following tolerance exemptions
to 40 CFR 180.950(e):
From 40 CFR 180.910: Ascorbic acid (CAS Reg, No. 50-1-7);
beeswax; carnauba wax; glycerol; isopropyl alcohol; soap (sodium or
potassium salts of fatty acids); sodium benzoate; sodium bicarbonate;
sorbitol; and sperm oil conforming to 21 CFR 172.210;
From 40 CFR 180.920: Vanillin
From 40 CFR 180.930: Carnauba wax (CAS Reg. No. 8015-86-
9); glycerol(glycerin); isopropyl alcohol; and sodium benzoate
From 40 CFR 180.940(a): 2-propanol(isopropanol); and
sodium bicarbonate
From 40 CFR 180.940(b): 2-propanol(isopropanol)
From 40 CFR 180.940(c): 2-propanol(isopropanol); and
sodium bicarbonate
One of the exemptions (sorbic acid, and potassium salt)
covers two chemicals. One of the chemicals has been determined to be
List 4A and other List 4B. Another tolerance exemption (potassium
carbonate) covers three chemicals. One of the chemicals has been
determined to be List 4A, and the other two are List 4B. Therefore,
these tolerance exemptions are essentially ``split'' with only the 4A
chemicals to be shifted to 40 CFR 180.950, while the 4B chemicals are
to remain where currently established. Therefore, these two existing
tolerance exemptions are to be revised to specify only the List 4B
chemicals.
IV. Nomenclature Changes
For most of the chemical substances that are being shifted to 40
CFR 180.950(e), EPA is changing the chemical substance names that were
previously used. The Agency has attempted to identify each of the
listed chemical substances using the Chemical Abstracts Service
Registry Number (CAS No.). The CAS No. provides one of the most
distinct and universally accepted means of identifying chemical
substances. Generally, there will be only one CAS No. per listed
substance. EPA has both broadened and consolidated names to account for
differing terminologies and current usage status. These name changes
are not intended to broaden or narrow the scope of the existing
exemption but rather to define the scope of the exemption more
precisely.
V. Statutory and Executive Order Reviews
This proposed rule merely re-organizes existing exemptions in 40
CFR part 180. This has no substantive effect and hence causes no
impact. On its own initiative, the Agency is acting under section
408(e) of the FFDCA in shifting these existing tolerance exemptions to
a different section of CFR. Under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR 51735, October 4, 1993) this
action is not a ``significant regulatory action'' subject to review and
by the Office of Management and Budget (OMB). Because the proposed rule
has been exempted from review under Executive Order 12866 due to its
lack of significance, this proposed 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
proposed 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
[[Page 4089]]
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). Pursuant to section 605(b) of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency hereby
certifies that this proposed action 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, 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 proposed 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 proposed 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 proposed 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 proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: January 12, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 180--[AMENDED]
1. The authority citation for part 180 would continue to read as
follows:
Authority: 21 U.S.C. 321(q), 346(a) and 374
2. In Sec. 180.910, the table is amended by removing the following
entries: Ascorbic acid (CAS Reg, No. 50-81-7); beeswax; carnauba wax;
glycerol; isopropyl alcohol; soap (sodium or potassium salts of fatty
acids); sodium benzoate; sodium bicarbonate; sorbitol; and sperm oil
conforming to 21 CFR 172.210; and by revising the entry for sorbic acid
(and potassium salt) to read as follows:.
Sec. 180.910 Inert ingredients used pre- and post-harvest; exemptions
from the requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert Ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Sorbic acid (CAS Reg. No. 110- ....................... Preservative for
44-1). formulations
* * * * * * *
------------------------------------------------------------------------
3. In Sec. 180.920, the table is amended by removing the entry for
vanillin; and the entry for potassium carbonate is removed and replaced
with two new entries to read as follows:
Sec. 180.920 Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert Ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Carbonic acid, dipotassium ....................... Buffering agent
salt (CAS Reg. No. 584-08-7).
Carbonic acid, dipotassium ....................... Do.
salt, trihydrate (CAS Reg.
No. 18662-52-7).
* * * * * * *
------------------------------------------------------------------------
Sec. 180.930 [Amended]
4. In Sec. 180.930 the table is amended by removing the following
entries: Carnauba wax (CAS Reg. No. 8015-86-9); glycerol(glycerin);
isopropyl alcohol; and sodium benzoate.
Sec. 180.940 [Amended]
5. In Sec. 180.940, the table in paragraph (a) is amended by
removing the entries for 2-propanol(isopropanol) and sodium
bicarbonate; the table in paragraph (b) is amended by removing the
entry for 2-propanol(isopropanol); and the table in paragraph (c) is
amended by removing the entries for 2-propanol(isopropanol) and sodium
bicarbonate.
6. In Sec. 180.950, the table in paragraph (e) is amended by adding
alphabetically the following entries to read as follows:
[[Page 4090]]
Sec. 180.940 Tolerance exemptions for minimal risk active and inert
ingredients.
* * * * *
(e) * * *
------------------------------------------------------------------------
Chemical Name CAS Reg. No.
------------------------------------------------------------------------
*
* * * * * * *
Ascorbic acid (vitamin C)...................... 50-81-7
Beeswax........................................ 8012-89-3
Benzoic acid, sodium salt...................... 532-32-1
*
* * * * * * *
Carnauba wax................................... 8015-86-9
Carbonic acid, monopotassium salt.............. 298-14-6
Carbonic acid, monosodium salt (sodium 144-55-8
bicarbonate)..................................
*
* * * * * * *
D-Glucitol (sorbitol).......................... 50-70-4
Glycerol (glycerin) (1,2,3-propanetriol)....... 56-81-5
*
* * * * * * *
2-Propanol (isopropyl alcohol)................. 67-63-0
*
* * * * * * *
Soap (The water soluble sodium or potassium None
salts of fatty acids producted by either the
saponification of fats and oils, or the
neutralization of fatty acid..................
Sorbic acid, potassium salt.................... 24634-61-5
Sperm oil...................................... 8002-24-2
*
* * * * * * *
Vanillin....................................... 121-33-5
------------------------------------------------------------------------
[FR Doc. 06-574 Filed 1-24-06; 8:45 am]
BILLING CODE 6560-50-S
