1,2-ethanediamine, N, 41794-41798 [E9-19762]
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[FR Doc. E9–19855 Filed 8–18–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2004–0285; FRL–8430–6]
1,2-ethanediamine, N,N,N ′,N ′tetramethyl-, polymer with 1,1′oxybis[2-chloroethane]; Exemption
from the Requirement of a Tolerance
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: This regulation establishes an
exemption from the requirement of a
tolerance under 40 CFR 180.920 for
residues of 1,2-ethanediamine,
N,N,N ′,N ′-tetramethyl-, polymer with
1,1′-oxybis[2-chloroethane] (CAS Reg.
No. 31075–24–8) when used as an inert
ingredient in pesticide formulations
applied to cotton or wheat crops only.
Buckman Laboratories International, Inc
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of 1,2-ethanediamine,
N,N,N ′,N ′-tetramethyl-, polymer with
1,1′-oxybis[2-chloroethane].
DATES: This regulation is effective
August 19, 2009. Objections and
requests for hearings must be received
on or before October 19, 2009, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2004–0285. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
information is not publicly available,
e.g., 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 in the electronic docket at
https://www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
Facility telephone number is (703) 305–
5805.
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FOR FURTHER INFORMATION CONTACT: Keri
Grinstead, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8373; e-mail address:
grinstead.keri@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?
In addition to accessing electronically
available documents at https://
www.regulations.gov, you may access
this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR cite at https://
www.gpoaccess.gov/ecfr.
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C. Can I File an Objection or Hearing
Request?
Under section 408(g) of FFDCA, 21
U.S.C. 346a, 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.
You must file your objection or request
a hearing on this regulation in
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accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2004–0285 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 October 19, 2009.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
EPA–HQ–OPP–2004–0285, by one of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
In the Federal Register of September
17, 2004 (69 FR 56062) (FRL–7675–9),
EPA issued a notice pursuant to section
408 of FFDCA, 21 U.S.C. 346a, as
amended by Food Quality Protection
Act (FQPA) (Public Law 104–170),
announcing the filing of a pesticide
petition (PP 4E6841) by Buckman
Laboratories International, Inc., 1256
North McLean Blvd., Memphis, TN
38108. The petition requested that 40
CFR 180.920 be amended by
establishing an exemption from the
requirement of a tolerance for residues
of 1,2-ethanediamine,N,N,N ′,N ′tetramethyl-, polymer with 1,1′oxybis[2-chloroethane] (CAS Reg. No.
31075–24–8) in or on raw agricultural
commodities when used as an inert
ingredient in pesticide formulations.
That notice included a summary of the
petition prepared by the petitioner.
There were no substantive comments
received in response to the notice of
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filing. The petitioner subsequently
specified that the inert ingredient use of
the chemical will be as an adjuvant or
water conditioner in pesticide products
applied only to cotton and to wheat
prior to boot stage.
For ease of reading in this document,
1,2-ethanediamine,N,N,N ′,N ′tetramethyl-, polymer with 1,1′oxybis[2-chloroethane] is herein
referred to as BCETMD copolymer.
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish an exemption
from the requirement for a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
EPA performs a number of analyses to
determine the risks from aggregate
exposure to pesticide residues. First,
EPA determines the toxicity of
pesticides. Second, EPA examines
exposure to the pesticide through food,
drinking water, and through other
exposures that occur as a result of
pesticide use in residential settings.
III. Inert Ingredient Definition
Inert ingredients are all ingredients
that are not active ingredients as defined
in 40 CFR 153.125 and include, but are
not limited to, the following types of
ingredients (except when they have a
pesticidal efficacy of their own):
Solvents such as alcohols and
hydrocarbons; surfactants such as
polyoxyethylene polymers and fatty
acids; carriers such as clay and
diatomaceous earth; thickeners such as
carrageenan and modified cellulose;
wetting, spreading, and dispersing
agents; propellants in aerosol
dispensers; microencapsulating agents;
and emulsifiers. The term ‘‘inert’’ is not
intended to imply nontoxicity; the
ingredient may or may not be
chemically active. Generally, EPA has
exempted inert ingredients from the
requirement of a tolerance based on the
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low toxicity of the individual inert
ingredients.
metabolism studies, most (>86%) of the
chemical was excreted in the feces.
IV. Toxicological Profile
Consistent with section 408(b)(2)(D)
of FFDCA, EPA has reviewed the
available scientific data and other
relevant information in support of this
action and considered its validity,
completeness and reliability and the
relationship of this information to
human risk. EPA has also considered
available information concerning the
variability of the sensitivities of major
identifiable subgroups of consumers,
including infants and children. The
nature of the toxic effects caused by 1,2ethanediamine,N,N,N ′,N ′-tetramethyl-,
polymer with 1,1′-oxybis[2chloroethane are discussed in this unit.
The following provides a brief
summary of the risk assessment and
conclusions from the Agency’s review of
BCETMD copolymer. The Agency’s full
risk assessment for this action, ‘‘Inert
Ingredient Decision Document for
Pesticide Petition 4E6841: 1,2ethanediamine, N,N,N ′,N ′-tetramethyl-,
polymer with 1,1′-oxybis[2chloroethane] (CAS Reg. No. 31075–24–
8)’’, is available in the docket (EPA–
HQ–OPP–2004–0285).
Sufficient data were submitted to the
Agency in support of this action. In
acute toxicity studies, BCETMD
copolymer exhibits low to moderate oral
toxicity, slight irritation to the rabbit eye
and skin, and is not a skin sensitizer in
Guinea pigs. A subchronic study in rats
had a no observed adverse effect level
(NOAEL) of 221 milligrams/kilogram/
day (mk/kg/day) and a lowest observed
adverse level (LOAEL) of 752 mg/kg/day
due to mineralization of the renal
tubules. The following were observed at
the two highest dosages: Decreases in
body weights and possibly absolute
organ weights (heart, liver, kidney and
gonads); an equivocal decrease in red
blood cell counts; elevated leukocyte
counts; non-suppurative inflammation
of the choroid plexus of the brain; and
death. A chronic study in the dog
showed: In males, a NOAEL of 250 mg/
kg/day and a LOAEL of 500 mg/kg/day
based on testicular hypoplasia, atrophy/
degeneration, aspermia, dysplasia and
cellular debris of testicular origin in
epididymis; and, in females, a NOAEL
of 500 mg/kg/day and a LOAEL of 1,000
mg/kg/day based on gastrointestinal
disturbances, emaciation and
neurological signs, bloody stools, weight
loss and ataxia. Reproductive/
developmental toxicity was only seen at
dosage levels at or above those which
also caused maternal effects. BCETMD
copolymer was determined not to be
mutagenic or carcinogenic. In
V. Aggregate Exposures
In examining aggregate exposure,
section 408 of FFDCA directs EPA to
consider available information
concerning exposures from the pesticide
residue in food and all other nonoccupational exposures, including
drinking water from ground water or
surface water and exposure through
pesticide use in gardens, lawns, or
buildings (residential and other indoor
uses).
EPA establishes exemptions from the
requirement of a tolerance only in those
cases where it can be clearly
demonstrated that the risks from
aggregate exposure to pesticide
chemical residues under reasonably
foreseeable circumstances will pose no
appreciable risks to human health. In
order to determine the risks from
aggregate exposure to pesticide inert
ingredients, the Agency considers the
toxicity of the inert in conjunction with
possible exposure to residues of the
inert ingredient through food, drinking
water, and through other exposures that
occur as a result of pesticide use in
residential settings. If EPA is able to
determine that a finite tolerance is not
necessary to ensure that there is a
reasonable certainty that no harm will
result from aggregate exposure to the
inert ingredient, an exemption from the
requirement of a tolerance may be
established.
The primary route of exposure to
BCETMD copolymer from its use as an
inert ingredient in pesticide products
applied to cotton and wheat crops
would most likely be through
consumption of food to which pesticide
products containing it as an inert
ingredient have been applied, and
possibly through drinking water (from
runoff). The use of this chemical is
limited to pesticide formulations
applied to cotton and wheat crops only,
therefore, there are no residential uses
of this chemical, and thus no residential
(dermal and inhalation) exposures are
expected.
No adverse effects attributable to a
single exposure of BCETMD copolymer
were seen in the toxicity database.
Therefore, an acute dietary risk
assessment is not required.
There are no data provided regarding
BCETMD copolymer residues in food or
any other nonoccupational exposures to
BCETMD copolymer. In the absence of
actual residue data for BCETMD
copolymer, the Agency performed a
chronic dietary (food and drinking
water) exposure assessment for
BCETMD copolymer when used as an
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inert ingredient in pesticide
formulations applied pre-harvest to
cotton and wheat using a series of very
conservative assumptions. This
exposure assessment was calculated
based on the following assumptions:
1. BCETMD copolymer would be used
as an inert ingredient in all food use
pesticide formulations applied preharvest to cotton and wheat crops.
2. A hundred percent of all cotton and
wheat crops would be treated with
pesticide products containing BCETMD
copolymer.
3. BCETMD copolymer residues
would be present in all cotton and
wheat crops at levels equal to or
exceeding the highest established
tolerance levels for any pesticide active
ingredient.
4. A conservative default value of
1,000 parts per billion (ppb) for the
concentration of an inert ingredient in
all sources of drinking water was used.
This approach is highly conservative as
it is extremely unlikely that BCETMD
copolymer would have such use as a
pesticide product inert ingredient and
be present in cotton and wheat food
commodities and drinking water at such
high levels.
VI. Cumulative Effects
Section 408(b)(2)(D)(v) of FFDCA
requires that, when considering whether
to establish, modify, or revoke a
tolerance, the Agency consider
‘‘available information’’ concerning the
cumulative effects of a particular
pesticide’s residues and ‘‘other
substances that have a common
mechanism of toxicity.’’
Unlike other pesticide ingredients for
which EPA has followed a cumulative
risk approach based on a common
mechanism of toxicity, EPA has not
made a common mechanism of toxicity
finding as to BCETMD copolymer and
any other substances and BCETMD
copolymer does not appear to produce
a toxic metabolite produced by other
substances. For the purposes of this
tolerance action, therefore, EPA has not
assumed that BCETMD copolymer has a
common mechanism of toxicity with
other substances. For information
regarding EPA’s efforts to determine
which chemicals have a common
mechanism of toxicity and to evaluate
the cumulative effects of such
chemicals, see the policy statements
released by EPA’s Office of Pesticide
Programs concerning common
mechanism determinations and
procedures for cumulating effects from
substances found to have a common
mechanism on EPA’s website at https://
www.epa.gov/pesticides/cumulative/.
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VII. Determination of Safety for Infants
and Children
Section 408(b)(2)(C) of FFDCA
provides that EPA shall apply an
additional tenfold (10X) margin of safety
for infants and children in the case of
threshold effects to account for prenatal
and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
FQPA safety factor (SF). In applying this
provision, EPA either retains the default
value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
EPA has determined that reliable data
show the safety of infants and children
would be adequately protected if the
FQPA SF were reduced to 1X. That
decision is based on the following
findings:
1. The database is considered
adequate for FQPA assessment. The
studies included in the toxicological
database are: 90–day toxicity study in
rats via the oral route, 90–day dermal
toxicity study in rabbits, chronic
toxicity study in dogs, carcinogenicity
study in mice, combined chronic/
carcinogenicity study in rats, several
mutagenicity studies (in vivo and in
vitro), metabolism study in rats and
dermal penetration study in rats. There
are no acute and/or subchronic
neurotoxicity studies available in the
database. There was no evidence of
clinical signs of neurotoxicity in the
database except ataxia in the chronic
toxicity study in dogs (1,000 mg/kg/day)
and convulsions in a carcinogenicity
study in mice (1,200 mg/kg/day). These
effects are considered due to excessive
toxicity and not of a neurologic origin.
Therefore, there is no need for acute and
subchronic neurotoxicity studies for this
chemical. EPA also concluded that there
is no need for a developmental
neurotoxicity study for this chemical
because there is no evidence in the
database of neurotoxicity or increased
susceptibility to infants and children.
2. There is no evidence of increased
qualitative or quantitative susceptibility
in the developmental toxicity study in
rats and rabbits and in the twogeneration reproduction study in rats.
No developmental effects were observed
in the rat developmental toxicity study
at doses up to 500 mg/kg/day highest
dose tested (HDT) in the presence of
maternal toxicity. In the rabbit
developmental toxicity study, the
maternal and developmental NOAELs
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were 45 mg/kg/day. In this study,
skeletal variations (developmental
effects) were observed in the presence of
equally severe maternal toxicity
(abortions). In the 2-generation
reproduction study in rats, pup weights
were decreased at a dose level higher
than the dose that produced maternal
toxicity.
3. The highly conservative dietary
exposure assessment using default
assumptions would not underestimate
the risk to infants and children.
VIII. Determination of Safety for U.S.
Population
For hazards that have a threshold
below which there is no appreciable
risk, a toxicological point of departure
(POD) is identified as the basis for
derivation of reference values for risk
assessment. The POD may be defined as
the highest dose at which no adverse
effects are observed (the NOAEL) in the
toxicology study identified as
appropriate for use in risk assessment.
Uncertainty/safety factors (UFs) are
used in conjunction with the POD to
take into account uncertainties inherent
in the extrapolation from laboratory
animal data to humans and in the
variations in sensitivity among members
of the human population as well as
other unknowns. Safety is assessed for
acute and chronic dietary risks by
comparing aggregate food and water
exposure to the pesticide to the acute
population adjusted dose (aPAD) and
chronic population adjusted dose
(cPAD). The aPAD and cPAD are
calculated by dividing the POD by all
applicable UFs.
Residues of concern are not
anticipated for dietary exposure (food
and drinking water) from the use of
BCETMD copolymer as an inert
ingredient in pesticide products applied
pre-harvest to cotton and wheat and
there are no residential uses/exposures
from this use. The toxicology data
indicate that BCETMD copolymer does
not pose an acute risk and, therefore,
derivation of an aPAD is unnecessary.
Chronic risk was assessed by comparing
aggregate exposure to BCETMD
copolymer to a cPAD of .45 mg/kg/day
(based on a NOAEL of 45 mg/kg/day in
the developmental toxicity study in
rabbits and a safety/uncertainty factor of
100X (10X for interspecies and 10X for
intraspecies variations). Utilizing the
highly conservative aggregate exposure
assessment described above, the
resulting chronic exposure estimates do
not exceed the Agency’s level of
concern; the chronic dietary estimate for
the U.S. population was 6.7% (nonnursing infants were the most highly
exposed population with the chronic
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exposure estimates occupying 20.0% of
the cPAD).
Taking into consideration all available
information on BCETMD copolymer and
the limitations in the proposed
tolerance exemption, EPA has
determined that there is a reasonable
certainty that no harm to any population
subgroup will result from aggregate
exposure to BCETMD copolymer under
reasonable foreseeable circumstances.
Therefore, the establishment of an
exemption from tolerance under 40 CFR
180.920 for residues of BCETMD
copolymer when used as an inert
ingredient in pesticide formulations
applied pre-harvest to cotton and wheat
only, is safe under section 408 of the
FFDCA.
IX. Other Considerations
A. Analytical Method
An analytical method is not required
for enforcement purposes since the
Agency is establishing an exemption
from the requirement of a tolerance
without any numerical limitation.
B. Existing Exemptions
There are no existing exemptions for
BCETMD copolymer.
C. International Tolerances
The Agency is not aware of any
country requiring a tolerance for
BCETMD copolymer nor have any
CODEX Maximum Residue Levels been
established for any food crops at this
time.
X. Conclusions
Therefore, an exemption from the
requirement of tolerance is established
under 40 CFR 180.920 for BCETMD
copolymer (CAS Reg. No. 31075–24–8)
when used as an inert ingredient
(adjuvant or water conditioner) in
pesticide formulations applied to cotton
or wheat only.
XI. Statutory and Executive Order
Reviews
This final rule establishes an
exemption from the requirement of a
tolerance 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 final rule has been
exempted from review under Executive
Order 12866, this final rule is not
subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
E:\FR\FM\19AUR1.SGM
19AUR1
CPrice-Sewell on DSK1DXX6B1PROD with RULES
41798
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Rules and Regulations
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
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., 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).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the exemption 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.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not 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).
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).
XII. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
VerDate Nov<24>2008
19:36 Aug 18, 2009
Jkt 217001
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: August 6, 2009.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
■
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In §180.920, the table is amended
by adding alphabetically the following
inert ingredient.
■
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
*
*
*
*
*
Inert ingredients
*
*
Limits
*
*
1,2ethanediamine,N,N,N ′, N ′tetramethyl-, polymer with 1,1′oxybis[2chloroethane]
(CAS Reg. No.
31075–24–8)
*
*
*
*
*
*
*
For use
in
pesticide
formulations
applied
to cotton or
wheat
only
*
*
*
Uses
*
Adjuvant or
water
conditioner
*
*
[FR Doc. E9–19762 Filed 8–18–09; 8:45 am]
BILLING CODE 6560–50–S
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
*
*
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–1732; MB Docket No. 09–18; RM–
11513]
Radio Broadcasting Services: Dulac,
LA
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The staff grants a rulemaking
petition filed by Sunburst MediaLouisiana, LLC, by substituting FM
Channel 230A for vacant Channel 242A
at Dulac, Louisiana. The reference
coordinates for Channel 230A at Dulac
are 29–20–37 NL and 90–45–16 WL.
DATES: Effective September 17, 2009.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 09–18,
adopted July 30, 2009, and released
August 3, 2009. The full text of this
Report and Order 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
20554. 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 20554, telephone
1–800–378–3160 or https://
www.BCPIWEB.com.
The Notice of Proposed Rule Making
in this proceeding stated that Sunburst
Media-Louisiana’s rulemaking petition
was filed as part of a hybrid application
and rulemaking proposal involving its
concurrently filed minor change
application (File No. BPH–
20090129AMR). In this application,
Sunburst proposes the upgrade and
reallotment of its Station KMYO–FM
from Channel 244C3 at Morgan City,
Louisiana, to Channel 244C2 at Gray,
Louisiana. The modification of the
Morgan City license is contingent upon
the channel substitution at Dulac. The
Report and Order notes that Sunburst’s
application is being granted
simultaneously with the release of the
Report and Order.
The Report and Order does not
contain proposed information collection
requirements subject to the Paperwork
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Agencies
[Federal Register Volume 74, Number 159 (Wednesday, August 19, 2009)]
[Rules and Regulations]
[Pages 41794-41798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19762]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2004-0285; FRL-8430-6]
1,2-ethanediamine, N,N,N ',N '-tetramethyl-, polymer with 1,1'-
oxybis[2-chloroethane]; Exemption from the Requirement of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance under 40 CFR 180.920 for residues of 1,2-ethanediamine,
N,N,N ',N '-tetramethyl-, polymer with 1,1'-oxybis[2-chloroethane] (CAS
Reg. No. 31075-24-8) when used as an inert ingredient in pesticide
formulations applied to cotton or wheat crops only. Buckman
Laboratories International, Inc submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of 1,2-
ethanediamine, N,N,N ',N '-tetramethyl-, polymer with 1,1'-oxybis[2-
chloroethane].
DATES: This regulation is effective August 19, 2009. Objections and
requests for hearings must be received on or before October 19, 2009,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2004-0285. All documents in the
docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., 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 in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
[[Page 41795]]
FOR FURTHER INFORMATION CONTACT: Keri Grinstead, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-8373; e-mail address: grinstead.keri@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?
In addition to accessing electronically available documents at
https://www.regulations.gov, you may access this Federal Register
document electronically through the EPA Internet under the ``Federal
Register'' listings at https://www.epa.gov/fedrgstr. You may also access
a frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's e-CFR cite at https://www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of FFDCA, 21 U.S.C. 346a, 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. You must file your objection or request a hearing on
this regulation in accordance with the instructions provided in 40 CFR
part 178. To ensure proper receipt by EPA, you must identify docket ID
number EPA-HQ-OPP-2004-0285 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 October 19, 2009.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2004-0285, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
In the Federal Register of September 17, 2004 (69 FR 56062) (FRL-
7675-9), EPA issued a notice pursuant to section 408 of FFDCA, 21
U.S.C. 346a, as amended by Food Quality Protection Act (FQPA) (Public
Law 104-170), announcing the filing of a pesticide petition (PP 4E6841)
by Buckman Laboratories International, Inc., 1256 North McLean Blvd.,
Memphis, TN 38108. The petition requested that 40 CFR 180.920 be
amended by establishing an exemption from the requirement of a
tolerance for residues of 1,2-ethanediamine,N,N,N ',N '-tetramethyl-,
polymer with 1,1'-oxybis[2-chloroethane] (CAS Reg. No. 31075-24-8) in
or on raw agricultural commodities when used as an inert ingredient in
pesticide formulations. That notice included a summary of the petition
prepared by the petitioner. There were no substantive comments received
in response to the notice of filing. The petitioner subsequently
specified that the inert ingredient use of the chemical will be as an
adjuvant or water conditioner in pesticide products applied only to
cotton and to wheat prior to boot stage.
For ease of reading in this document, 1,2-ethanediamine,N,N,N ',N
'-tetramethyl-, polymer with 1,1'-oxybis[2-chloroethane] is herein
referred to as BCETMD copolymer.
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.
III. Inert Ingredient Definition
Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;
and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the
[[Page 41796]]
low toxicity of the individual inert ingredients.
IV. Toxicological Profile
Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. The nature of the toxic effects caused by 1,2-
ethanediamine,N,N,N ',N '-tetramethyl-, polymer with 1,1'-oxybis[2-
chloroethane are discussed in this unit.
The following provides a brief summary of the risk assessment and
conclusions from the Agency's review of BCETMD copolymer. The Agency's
full risk assessment for this action, ``Inert Ingredient Decision
Document for Pesticide Petition 4E6841: 1,2-ethanediamine, N,N,N ',N '-
tetramethyl-, polymer with 1,1'-oxybis[2-chloroethane] (CAS Reg. No.
31075-24-8)'', is available in the docket (EPA-HQ-OPP-2004-0285).
Sufficient data were submitted to the Agency in support of this
action. In acute toxicity studies, BCETMD copolymer exhibits low to
moderate oral toxicity, slight irritation to the rabbit eye and skin,
and is not a skin sensitizer in Guinea pigs. A subchronic study in rats
had a no observed adverse effect level (NOAEL) of 221 milligrams/
kilogram/day (mk/kg/day) and a lowest observed adverse level (LOAEL) of
752 mg/kg/day due to mineralization of the renal tubules. The following
were observed at the two highest dosages: Decreases in body weights and
possibly absolute organ weights (heart, liver, kidney and gonads); an
equivocal decrease in red blood cell counts; elevated leukocyte counts;
non-suppurative inflammation of the choroid plexus of the brain; and
death. A chronic study in the dog showed: In males, a NOAEL of 250 mg/
kg/day and a LOAEL of 500 mg/kg/day based on testicular hypoplasia,
atrophy/degeneration, aspermia, dysplasia and cellular debris of
testicular origin in epididymis; and, in females, a NOAEL of 500 mg/kg/
day and a LOAEL of 1,000 mg/kg/day based on gastrointestinal
disturbances, emaciation and neurological signs, bloody stools, weight
loss and ataxia. Reproductive/developmental toxicity was only seen at
dosage levels at or above those which also caused maternal effects.
BCETMD copolymer was determined not to be mutagenic or carcinogenic. In
metabolism studies, most (>86%) of the chemical was excreted in the
feces.
V. Aggregate Exposures
In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
The primary route of exposure to BCETMD copolymer from its use as
an inert ingredient in pesticide products applied to cotton and wheat
crops would most likely be through consumption of food to which
pesticide products containing it as an inert ingredient have been
applied, and possibly through drinking water (from runoff). The use of
this chemical is limited to pesticide formulations applied to cotton
and wheat crops only, therefore, there are no residential uses of this
chemical, and thus no residential (dermal and inhalation) exposures are
expected.
No adverse effects attributable to a single exposure of BCETMD
copolymer were seen in the toxicity database. Therefore, an acute
dietary risk assessment is not required.
There are no data provided regarding BCETMD copolymer residues in
food or any other nonoccupational exposures to BCETMD copolymer. In the
absence of actual residue data for BCETMD copolymer, the Agency
performed a chronic dietary (food and drinking water) exposure
assessment for BCETMD copolymer when used as an inert ingredient in
pesticide formulations applied pre-harvest to cotton and wheat using a
series of very conservative assumptions. This exposure assessment was
calculated based on the following assumptions:
1. BCETMD copolymer would be used as an inert ingredient in all
food use pesticide formulations applied pre-harvest to cotton and wheat
crops.
2. A hundred percent of all cotton and wheat crops would be treated
with pesticide products containing BCETMD copolymer.
3. BCETMD copolymer residues would be present in all cotton and
wheat crops at levels equal to or exceeding the highest established
tolerance levels for any pesticide active ingredient.
4. A conservative default value of 1,000 parts per billion (ppb)
for the concentration of an inert ingredient in all sources of drinking
water was used. This approach is highly conservative as it is extremely
unlikely that BCETMD copolymer would have such use as a pesticide
product inert ingredient and be present in cotton and wheat food
commodities and drinking water at such high levels.
VI. Cumulative Effects
Section 408(b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance, the Agency
consider ``available information'' concerning the cumulative effects of
a particular pesticide's residues and ``other substances that have a
common mechanism of toxicity.''
Unlike other pesticide ingredients for which EPA has followed a
cumulative risk approach based on a common mechanism of toxicity, EPA
has not made a common mechanism of toxicity finding as to BCETMD
copolymer and any other substances and BCETMD copolymer does not appear
to produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has not assumed that
BCETMD copolymer has a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see the policy statements
released by EPA's Office of Pesticide Programs concerning common
mechanism determinations and procedures for cumulating effects from
substances found to have a common mechanism on EPA's website at https://www.epa.gov/pesticides/cumulative/.
[[Page 41797]]
VII. Determination of Safety for Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the FQPA safety factor (SF). In
applying this provision, EPA either retains the default value of 10X,
or uses a different additional safety factor when reliable data
available to EPA support the choice of a different factor.
EPA has determined that reliable data show the safety of infants
and children would be adequately protected if the FQPA SF were reduced
to 1X. That decision is based on the following findings:
1. The database is considered adequate for FQPA assessment. The
studies included in the toxicological database are: 90-day toxicity
study in rats via the oral route, 90-day dermal toxicity study in
rabbits, chronic toxicity study in dogs, carcinogenicity study in mice,
combined chronic/carcinogenicity study in rats, several mutagenicity
studies (in vivo and in vitro), metabolism study in rats and dermal
penetration study in rats. There are no acute and/or subchronic
neurotoxicity studies available in the database. There was no evidence
of clinical signs of neurotoxicity in the database except ataxia in the
chronic toxicity study in dogs (1,000 mg/kg/day) and convulsions in a
carcinogenicity study in mice (1,200 mg/kg/day). These effects are
considered due to excessive toxicity and not of a neurologic origin.
Therefore, there is no need for acute and subchronic neurotoxicity
studies for this chemical. EPA also concluded that there is no need for
a developmental neurotoxicity study for this chemical because there is
no evidence in the database of neurotoxicity or increased
susceptibility to infants and children.
2. There is no evidence of increased qualitative or quantitative
susceptibility in the developmental toxicity study in rats and rabbits
and in the two-generation reproduction study in rats. No developmental
effects were observed in the rat developmental toxicity study at doses
up to 500 mg/kg/day highest dose tested (HDT) in the presence of
maternal toxicity. In the rabbit developmental toxicity study, the
maternal and developmental NOAELs were 45 mg/kg/day. In this study,
skeletal variations (developmental effects) were observed in the
presence of equally severe maternal toxicity (abortions). In the 2-
generation reproduction study in rats, pup weights were decreased at a
dose level higher than the dose that produced maternal toxicity.
3. The highly conservative dietary exposure assessment using
default assumptions would not underestimate the risk to infants and
children.
VIII. Determination of Safety for U.S. Population
For hazards that have a threshold below which there is no
appreciable risk, a toxicological point of departure (POD) is
identified as the basis for derivation of reference values for risk
assessment. The POD may be defined as the highest dose at which no
adverse effects are observed (the NOAEL) in the toxicology study
identified as appropriate for use in risk assessment. Uncertainty/
safety factors (UFs) are used in conjunction with the POD to take into
account uncertainties inherent in the extrapolation from laboratory
animal data to humans and in the variations in sensitivity among
members of the human population as well as other unknowns. Safety is
assessed for acute and chronic dietary risks by comparing aggregate
food and water exposure to the pesticide to the acute population
adjusted dose (aPAD) and chronic population adjusted dose (cPAD). The
aPAD and cPAD are calculated by dividing the POD by all applicable UFs.
Residues of concern are not anticipated for dietary exposure (food
and drinking water) from the use of BCETMD copolymer as an inert
ingredient in pesticide products applied pre-harvest to cotton and
wheat and there are no residential uses/exposures from this use. The
toxicology data indicate that BCETMD copolymer does not pose an acute
risk and, therefore, derivation of an aPAD is unnecessary. Chronic risk
was assessed by comparing aggregate exposure to BCETMD copolymer to a
cPAD of .45 mg/kg/day (based on a NOAEL of 45 mg/kg/day in the
developmental toxicity study in rabbits and a safety/uncertainty factor
of 100X (10X for interspecies and 10X for intraspecies variations).
Utilizing the highly conservative aggregate exposure assessment
described above, the resulting chronic exposure estimates do not exceed
the Agency's level of concern; the chronic dietary estimate for the
U.S. population was 6.7% (non-nursing infants were the most highly
exposed population with the chronic exposure estimates occupying 20.0%
of the cPAD).
Taking into consideration all available information on BCETMD
copolymer and the limitations in the proposed tolerance exemption, EPA
has determined that there is a reasonable certainty that no harm to any
population subgroup will result from aggregate exposure to BCETMD
copolymer under reasonable foreseeable circumstances. Therefore, the
establishment of an exemption from tolerance under 40 CFR 180.920 for
residues of BCETMD copolymer when used as an inert ingredient in
pesticide formulations applied pre-harvest to cotton and wheat only, is
safe under section 408 of the FFDCA.
IX. Other Considerations
A. Analytical Method
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.
B. Existing Exemptions
There are no existing exemptions for BCETMD copolymer.
C. International Tolerances
The Agency is not aware of any country requiring a tolerance for
BCETMD copolymer nor have any CODEX Maximum Residue Levels been
established for any food crops at this time.
X. Conclusions
Therefore, an exemption from the requirement of tolerance is
established under 40 CFR 180.920 for BCETMD copolymer (CAS Reg. No.
31075-24-8) when used as an inert ingredient (adjuvant or water
conditioner) in pesticide formulations applied to cotton or wheat only.
XI. Statutory and Executive Order Reviews
This final rule establishes an exemption from the requirement of a
tolerance 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 final rule has been exempted from review under
Executive Order 12866, this final rule is not subject to Executive
Order 13211, entitled Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use (66 FR 28355, May
[[Page 41798]]
22, 2001) or Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). 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., 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).
Since tolerances and exemptions that are established on the basis
of a petition under section 408(d) of FFDCA, such as the exemption 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.
This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not 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).
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).
XII. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report 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: August 6, 2009.
G. Jeffrey Herndon,
Acting 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), 346a and 371.
0
2. In Sec. 180.920, the table is amended by adding alphabetically the
following inert ingredient.
Sec. 180.920 Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
1,2-ethanediamine,N,N,N ', N '- For use in Adjuvant or water
tetramethyl-, polymer with 1,1'- pesticide conditioner
oxybis[2-chloroethane] (CAS formulations
Reg. No. 31075-24-8) applied to cotton
or wheat only
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. E9-19762 Filed 8-18-09; 8:45 am]
BILLING CODE 6560-50-S