[alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or poly (oxyethylene) Polymers Where the Alkyl Chain Contains a Minimum of Six Carbons, and [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers Where the Alkyl Chain Contains a Minimum of Six Carbons and a Minimum Number Average Molecular Weight (in amu) 1,100; Exemption From the Requirement of a Tolerance, 33469-33474 [2014-13383]
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2013–0210; FRL–9910–87]
[alpha]-alkyl-[omega]-hydroxypoly
(oxypropylene) and/or poly
(oxyethylene) Polymers Where the
Alkyl Chain Contains a Minimum of Six
Carbons, and [alpha]-alkyl-[omega]hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers Where the
Alkyl Chain Contains a Minimum of Six
Carbons and a Minimum Number
Average Molecular Weight (in amu)
1,100; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of [alpha]-alkyl[omega]-hydroxypoly (oxypropylene)
and/or poly (oxyethylene) polymers
where the alkyl chain contains a
minimum of six carbons, and [alpha]alkyl-[omega]-hydroxypoly
(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl
chain contains a minimum of six
carbons and a minimum number
average molecular weight (in amu) 1,100
herein referred to as ‘‘AAAs’’ (alkyl
alcohol alkoxylates) to include
Chemical Abstract Service Registry
Number (CAS Reg. No.) 116810–31–2
when used as an inert ingredient as a
surfactant in pesticide formulations,
under 40 CFR 180.910, 180.930,
180.940a, and 180.960, in growing crops
without limitations. Akzo Nobel Surface
Chemistry submitted a petition to EPA
under the Federal Food, Drug, and
Cosmetic Act (FFDCA), requesting an
amendment to an existing requirement
of a tolerance. This regulation
eliminates the need to establish a
maximum permissible level for residues
of AAAs.
DATES: This regulation is effective June
11, 2014. Objections and requests for
hearings must be received on or before
August 11, 2014, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
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SUMMARY:
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2013–0210. All documents in the
docket are listed in the docket index
available at https://www.regulations.gov.
Although listed in the index, some
ADDRESSES:
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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.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@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 get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
ecfr.gpoaccess.gov/cgi/t/text/text-
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33469
idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 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. 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–2013–0210 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 11, 2014. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
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. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit a copy of
your non-CBI objection or hearing
request, identified by docket ID number
EPA–HQ–OPP–2013–0210, 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. Petition for Exemption
In the Federal Register of August 5,
2009 (74 FR 38935) (FRL–8430–1), EPA
issued a final rule, announcing the
establishment of a tolerance exemption
pursuant to a pesticide petition (PP
9E7534) by The Joint Inerts Task Force
(JITF), Cluster Support Team Number 1
(CST1), c/o CropLife America, 1156
15th St. NW., Suite 400, Washington,
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
DC 20005. The petition requested that
40 CFR 180.910, 40 CFR 180.930, 40
CFR 180.940a, and 40 CFR 180.960 be
amended by establishing exemptions
from the requirement of a tolerance for
residues of a group of substances known
as AAAs. The exemptions narratively
describe the subject chemical as a-alkylw-hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six
carbons and specify the individual
chemicals covered by the exemptions by
a listing of CAS Reg. Nos. The current
petition seeks to expand these
exemptions by adding an additional
chemical identified by CAS Reg. No.
In the Federal Register of July 19,
2013 (78 FR 43118) (FRL–9392–9), EPA
issued a notice pursuant to section 408
of FFDCA, 21 U.S.C. 346a, announcing
the filing of a pesticide petition (IN–
10544) by Spring Trading Company,
10805 W. Timberwagon Cir., Spring, TX
77380–4030, on behalf of Akzo Nobel
Surface Chemistry, LLC, 525 West Van
Buren, Chicago, IL 60607–3823. The
petition requested that 40 CFR 180.920,
180.930, and 180.960 be amended by
modifying the exemption from the
requirement of a tolerance for residues
of AAAs by adding residues of
additional chemicals of [alpha]-alkyl[omega]-hydroxypoly (oxypropylene)
and/or poly(oxyethylene) polymers
where the alkyl chain contains a
minimum of six carbons, and alkyl-whydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six
carbons, minimum number average
molecular weight (in AMU) 1,100 in or
on growing crops at no limitation when
used as an inert ingredient in pesticide
formulations. That notice referenced a
summary of the petition prepared by
Akzo Nobel Surface Chemistry, the
petitioner, which is available in the
docket, https://www.regulations.gov.
Comments were received on the notice
of filing. A public comment noted that
the requested 40 CFR sections, 180.920,
180.930, or 180.960 were not all the
correct sections for AAAs. The
petitioner agreed and resubmitted their
request.
In the Federal Register of February
25, 2014 (79 FR 03861) (FRL–9906–77),
EPA issued a notice pursuant to section
408 of FFDCA, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (IN–10544) by Spring Trading
Company, 10805 W. Timberwagon Cir.,
Spring, TX 77380–4030, on behalf of
Akzo Nobel Surface Chemistry, LLC,
525 West Van Buren, Chicago, IL
60607–3823. The petition requested that
40 CFR 180.910, 180.930, 180.940(a)
and 180.960 be amended by modifying
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the exemption from the requirement of
a tolerance for residues of AAAs to
include CAS Reg. No.: 116810–31–2
when used as an inert ingredient in
pesticide formulations applied to
growing crops without limitations. That
notice referenced a summary of the
petition prepared by Akzo Nobel
Surface Chemistry, the petitioner, which
is available in the docket, https://
www.regulations.gov. Comments were
received on the notice of filing. EPA’s
response to these comments is
discussed in Unit V.C.
In this petition, Akzo Nobel Surface
Chemistry claims that the chemical CAS
Reg. No.; 116810–31–2 is covered by the
published tolerance exemption for
AAAs and that no further data or review
is required to amend the existing
tolerance exemption to include the
additional CAS Reg. No.
Based upon review of the data
supporting the petition, EPA has
confirmed that the requested CAS Reg.
No. is acceptable for consideration
under the currently approved
descriptor. This limitation is based on
the Agency’s risk assessment which can
be found at https://www.regulations.gov
in document IN–10544 requesting to
amend the exemption from the
requirement of a tolerance for [alpha]alkyl-[omega]-hydroxypoly
(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl
chain contains a minimum of six
carbons, and a-alkyl-w-hydroxypoly
(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl
chain contains a minimum of six
carbons and a minimum number
average molecular weight (in amu)
1,100, under 40 CFR 180.910, 180.930,
180.940(a) or 180.960 in docket ID
number EPA–HQ–OPP–2013–0210.
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.
IV. Aggregate Risk Assessment and
Determination of Safety
Section 408(c)(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 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.
Consistent with section 408(c)(2)(A)
of FFDCA, and the factors specified in
FFDCA section 408(c)(2)(B), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure for AAAs including
exposure resulting from the exemption
established by this action. EPA’s
assessment of exposures and risks
associated with AAAs follows.
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
The Agency agrees with the petitioner
that CAS Reg. No.: 116810–31–2 is an
AAA having molecular structures
conforming to the chemical description
given in the tolerance exemption
expression, i.e., a-alkyl-w-hydroxypoly
(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl
chain contains a minimum of six
carbons and which do not contain
additional structural elements that are
not included within the tolerance
exemption expression description. In
2009, in establishing the exemption for
the AAAs, EPA assessed their safety
generally using worst case exposure
assumptions. (74 FR 149) (FRL–8430–1).
EPA concluded that that assessment
showed that exempting the AAAs from
the requirement from a tolerance would
be safe. Inclusion of additional
chemicals described above in the risk
assessment for the AAAs would in no
way alter that prior risk assessment
given the generic findings on toxicity
and the worst case exposure
assumptions used in that risk
assessment. Accordingly, based on the
findings in that earlier rule, EPA has
determined that there is a reasonable
certainty that no harm to any population
subgroup, including infants and
children, will result from aggregate
exposure to AAAs, by including the
additional chemicals described above,
under reasonably foreseeable
circumstances. Therefore, the
amendment of an exemption from
tolerance under 40 CFR 180.910,
180.930, 180.940, and 180.960, for
residues of AAAs to include the
chemicals described above is safe under
FFDCA section 408.
V. Other Considerations
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A. Analytical Enforcement Methodology
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. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint U.N.
Food and Agriculture Organization/
World Health Organization food
standards program, and it is recognized
as an international food safety
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standards-setting organization in trade
agreements to which the United States
is a party. EPA may establish a tolerance
that is different from a Codex MRL;
however, FFDCA section 408(b)(4)
requires that EPA explain the reasons
for departing from the Codex level.
The Codex has not established a MRL
for AAAs.
C. Response to Comments
One comment was received for a
notice of filing from a private citizen
who opposed the authorization to sell
any pesticide that leaves a residue on
food. The Agency understands the
commenter’s concerns and recognizes
that some individuals believe that no
residue of pesticides should be allowed.
However, under the existing legal
framework provided by section 408 of
the FFDCA, EPA is authorized to
establish pesticide tolerances or
exemptions where persons seeking such
tolerances or exemptions have
demonstrated that the pesticide meets
the safety standard imposed by the
statute.
VI. Conclusions
Therefore, the exemptions from the
requirement of a tolerance under 40 CFR
180.910, 180.930, 180.940a, and 180.960
for AAAs when used as an inert
ingredient as a surfactant in pesticide
formulations applied to growing crops is
amended to add the following CAS No.:
116810–31–2.
VII. Statutory and Executive Order
Reviews
This final rule establishes 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
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
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33471
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 tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
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) (Pub. L. 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).
VIII. 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).
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 29, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.910, the table is amended
by revising the following inert
ingredients to read as follows:
■
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
1. The authority citation for part 180
continues to read as follows:
*
■
Inert ingredients
*
*
*
3. In § 180.930, the table is amended
by revising the following inert
ingredients to read as follows:
■
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*
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*
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*
*
Surfactants, related adjuvants of
surfactants.
*
*
*
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*
Uses
§ 180.930 Inert ingredients applied to
animals; exemptions from the requirement
of a tolerance.
*
*
Limits
*
*
*
*
*
a-alkyl-w-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl ....................
chain contains a minimum of six carbons (CAS Reg. No.: 9002–92–0; 9004–95–9; 9004–
98–2; 9005–00–9; 9035–85–2; 9038–29–3; 9038–43–1; 9040–05–5; 9043–30–5; 9087–
53–0; 25190–05–0; 24938–91–8; 25231–21–4; 26183–52–8; 26468–86–0; 26636–39–5;
27252–75–1; 27306–79–2; 31726–34–8; 34398–01–1; 34398–05–5; 37251–67–5; 37311–
00–5; 37311–01–6; 37311–02–7; 37311–04–9; 39587–22–9; 50861–66–0; 52232–09–4;
52292–17–8; 52609–19–5; 57679–21–7; 59112–62–8; 60828–78–6; 61702–78–1; 61725–
89–1; 61791–13–7; 61791–20–6; 61791–28–4; 61804–34–0; 61827–42–7; 61827–84–7;
62648–50–4; 63303–01–5; 63658–45–7; 63793–60–2; 64366–70–7; 64415–24–3; 64415–
25–4; 64425–86–1; 65104–72–5; 65150–81–4; 66455–14–9: 66455–15–0; 67254–71–1;
67763–08–0; 68002–96–0; 68002–97–1; 68131–39–5; 68131–40–8; 68154–96–1; 68154–
97–2; 68154–98–3; 68155–01–1; 68213–23–0; 68213–24–1; 68238–81–3; 68238–82–4;
68409–58–5; 68409–59–6; 68439–30–5; 68439–45–2; 68439–46–3; 68439–48–5; 68439–
49–6; 68439–50–9; 68439–51–0; 68439–53–2; 68439–54–3; 68458–88–8; 68526–94–3;
68526–95–4; 68551–12–2; 68551–13–3; 68551–14–4; 68603–20–3; 68603–25–8; 68920–
66–1; 68920–69–4; 68937–66–6; 68951–67–7; 68954–94–9; 68987–81–5; 68991–48–0;
69011–36–5; 69013–18–9; 69013–19–0; 69227–20–9; 69227–21–0; 69227–22–1; 69364–
63–2; 70750–27–5; 70879–83–3; 70955–07–6; 71011–10–4; 71060–57–6; 71243–46–4;
72066–65–0; 72108–90–8; 72484–69–6; 72854–13–8; 72905–87–4; 73018–31–2; 73049–
34–0; 74432–13–6; 74499–34–6; 78330–19–5; 78330–20–8; 78330–21–9; 78330–23–1;
79771–03–2; 84133–50–6; 85422–93–1; 97043–91–9; 97953–22–5; 102782–43–4;
103331–86–8; 103657–84–7; 103657–85–8; 103818–93–5; 103819–03–0; 106232–83–1;
111905–54–5; 116810–31–2; 116810–32–3; 116810–33–4; 120313–48–6; 120944–68–5;
121617–09–2; 126646–02–4; 126950–62–7; 127036–24–2; 139626–71–4; 152231–44–2;
154518–36–2; 157627–86–6; 157627–88–8; 157707–41–0; 157707–43–2; 159653–49–3;
160875–66–1; 160901–20–2; 160901–09–7; 160901–19–9; 161025–21–4; 161025–22–5;
166736–08–9; 169107–21–5; 172588–43–1; 176022–76–7; 196823–11–7; 287935–46–0;
288260–45–7; 303176–75–2; 954108–36–2).
*
*
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Inert ingredients
Limits
Uses
*
*
*
*
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a-alkyl-w-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl ....................
chain contains a minimum of six carbons (CAS Reg. No.: 9002–92–0; 9004–95–9; 9004–
98–2; 9005–00–9; 9035–85–2; 9038–29–3; 9038–43–1; 9040–05–5; 9043–30–5; 9087–
53–0; 25190–05–0; 24938–91–8; 25231–21–4; 26183–52–8; 26468–86–0; 26636–39–5;
27252–75–1; 27306–79–2; 31726–34–8; 34398–01–1; 34398–05–5; 37251–67–5; 37311–
00–5; 37311–01–6; 37311–02–7; 37311–04–9; 39587–22–9; 50861–66–0; 52232–09–4;
52292–17–8; 52609–19–5; 57679–21–7; 59112–62–8; 60828–78–6; 61702–78–1; 61725–
89–1; 61791–13–7; 61791–20–6; 61791–28–4; 61804–34–0; 61827–42–7; 61827–84–7;
62648–50–4; 63303–01–5; 63658–45–7; 63793–60–2; 64366–70–7; 64415–24–3; 64415–
25–4; 64425–86–1; 65104–72–5; 65150–81–4; 66455–14–9: 66455–15–0; 67254–71–1;
67763–08–0; 68002–96–0; 68002–97–1; 68131–39–5; 68131–40–8; 68154–96–1; 68154–
97–2; 68154–98–3; 68155–01–1; 68213–23–0; 68213–24–1; 68238–81–3; 68238–82–4;
68409–58–5; 68409–59–6; 68439–30–5; 68439–45–2; 68439–46–3; 68439–48–5; 68439–
49–6; 68439–50–9; 68439–51–0; 68439–53–2; 68439–54–3; 68458–88–8; 68526–94–3;
68526–95–4; 68551–12–2; 68551–13–3; 68551–14–4; 68603–20–3; 68603–25–8; 68920–
66–1; 68920–69–4; 68937–66–6; 68951–67–7; 68954–94–9; 68987–81–5; 68991–48–0;
69011–36–5; 69013–18–9; 69013–19–0; 69227–20–9; 69227–21–0; 69227–22–1; 69364–
63–2; 70750–27–5; 70879–83–3; 70955–07–6; 71011–10–4; 71060–57–6; 71243–46–4;
72066–65–0; 72108–90–8; 72484–69–6; 72854–13–8; 72905–87–4; 73018–31–2; 73049–
34–0; 74432–13–6; 74499–34–6; 78330–19–5; 78330–20–8; 78330–21–9; 78330–23–1;
79771–03–2; 84133–50–6; 85422–93–1; 97043–91–9; 97953–22–5; 102782–43–4;
103331–86–8; 103657–84–7; 103657–85–8; 103818–93–5; 103819–03–0; 106232–83–1;
111905–54–5; 116810–31–2; 116810–32–3; 116810–33–4; 120313–48–6; 120944–68–5;
121617–09–2; 126646–02–4; 126950–62–7; 127036–24–2; 139626–71–4; 152231–44–2;
154518–36–2; 157627–86–6; 157627–88–8; 157707–41–0; 157707–43–2; 159653–49–3;
160875–66–1; 160901–20–2; 160901–09–7; 160901–19–9; 161025–21–4; 161025–22–5;
166736–08–9; 169107–21–5; 172588–43–1; 176022–76–7; 196823–11–7; 287935–46–0;
288260–45–7; 303176–75–2; 954108–36–2).
*
*
*
*
*
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
4. In § 180.940, the table is amended
by revising the following entry to the
table in paragraph (a):
■
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*
*
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(a) * * *
CAS Reg. No.
*
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a-alkyl-w-hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six carbons.
15:10 Jun 10, 2014
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Pesticide chemical
VerDate Mar<15>2010
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Surfactants, related adjuvants of
surfactants.
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9002–92–0; 9004–95–9; 9004–98–2; 9005–00–9; 9035–85–2; 9038–29–3; 9038–43–
1; 9040–05–5; 9043–30–5; 9087–53–0; 25190–05–0; 24938–91–8; 25231–21–4;
26183–52–8; 26468–86–0; 26636–39–5; 27252–75–1; 27306–79–2; 31726–34–8;
34398–01–1; 34398–05–5; 37251–67–5; 37311–00–5; 37311–01–6; 37311–02–7;
37311–04–9; 39587–22–9; 50861–66–0; 52232–09–4; 52292–17–8; 52609–19–5;
57679–21–7; 59112–62–8; 60828–78–6; 61702–78–1; 61725–89–1; 61791–13–7;
61791–20–6; 61791–28–4; 61804–34–0; 61827–42–7; 61827–84–7; 62648–50–4;
63303–01–5; 63658–45–7; 63793–60–2; 64366–70–7; 64415–24–3; 64415–25–4;
64425–86–1; 65104–72–5; 65150–81–4; 66455–14–9: 66455–15–0; 67254–71–1;
67763–08–0; 68002–96–0; 68002–97–1; 68131–39–5; 68131–40–8; 68154–96–1;
68154–97–2; 68154–98–3; 68155–01–1; 68213–23–0; 68213–24–1; 68238–81–3;
68238–82–4; 68409–58–5; 68409–59–6; 68439–30–5; 68439–45–2; 68439–46–3;
68439–48–5; 68439–49–6; 68439–50–9; 68439–51–0; 68439–53–2; 68439–54–3;
68458–88–8; 68526–94–3; 68526–95–4; 68551–12–2; 68551–13–3; 68551–14–4;
68603–20–3; 68603–25–8; 68920–66–1; 68920–69–4; 68937–66–6; 68951–67–7;
68954–94–9; 68987–81–5; 68991–48–0; 69011–36–5; 69013–18–9; 69013–19–0;
69227–20–9; 69227–21–0; 69227–22–1; 69364–63–2; 70750–27–5; 70879–83–3;
70955–07–6; 71011–10–4; 71060–57–6; 71243–46–4; 72066–65–0; 72108–90–8;
72484–69–6; 72854–13–8; 72905–87–4; 73018–31–2; 73049–34–0; 74432–13–6;
74499–34–6; 78330–19–5; 78330–20–8; 78330–21–9; 78330–23–1; 79771–03–2;
84133–50–6; 85422–93–1; 97043–91–9; 97953–22–5; 102782–43–4; 103331–86–
8; 103657–84–7; 103657–85–8; 103818–93–5; 103819–03–0; 106232–83–1;
111905–54–5; 116810–31–2; 116810–32–3; 116810–33–4; 120313–48–6; 120944–
68–5; 121617–09–2; 126646–02–4; 126950–62–7; 127036–24–2; 139626–71–4;
152231–44–2; 154518–36–2; 157627–86–6; 157627–88–8; 157707–41–0; 157707–
43–2; 159653–49–3; 160875–66–1; 160901–20–2; 160901–09–7; 160901–19–9;
161025–21–4; 161025–22–5; 166736–08–9; 169107–21–5; 172588–43–1; 176022–
76–7; 196823–11–7; 287935–46–0; 288260–45–7; 303176–75–2; 954108–36–2.
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*
CAS Reg. No.
*
*
5. In § 180.960, the table is amended
by revising the following entry to read
as follows:
■
*
Limits
*
*
*
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
*
*
*
*
*
Polymer
CAS Reg. No.
*
*
a-alkyl-w-hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers where the alkyl
chain contains a minimum of six carbons and
a minimum number average molecular weight
(in amu) 1,100.
*
*
*
*
*
9002–92–0; 9004–95–9; 9004–98–2; 9005–00–9; 9035–85–2; 9038–29–3; 9038–43–1; 9040–
05–5; 9043–30–5; 9087–53–0; 25190–05–0; 24938–91–8; 25231–21–4; 26183–52–8;
26468–86–0; 26636–39–5; 27252–75–1; 27306–79–2; 31726–34–8; 34398–01–1; 34398–
05–5; 37251–67–5; 37311–00–5; 37311–01–6; 37311–02–7; 37311–04–9; 39587–22–9;
50861–66–0; 52232–09–4; 52292–17–8; 52609–19–5; 57679–21–7; 59112–62–8; 60828–
78–6; 61702–78–1; 61725–89–1; 61791–13–7; 61791–20–6; 61791–28–4; 61804–34–0;
61827–42–7; 61827–84–7; 62648–50–4; 63303–01–5; 63658–45–7; 63793–60–2; 64366–
70–7; 64415–24–3; 64415–25–4; 64425–86–1; 65104–72–5; 65150–81–4; 66455–14–9:
66455–15–0; 67254–71–1; 67763–08–0; 68002–96–0; 68002–97–1; 68131–39–5; 68131–
40–8; 68154–96–1; 68154–97–2; 68154–98–3; 68155–01–1; 68213–23–0; 68213–24–1;
68238–81–3; 68238–82–4; 68409–58–5; 68409–59–6; 68439–30–5; 68439–45–2; 68439–
46–3; 68439–48–5; 68439–49–6; 68439–50–9; 68439–51–0; 68439–53–2; 68439–54–3;
68458–88–8; 68526–94–3; 68526–95–4; 68551–12–2; 68551–13–3; 68551–14–4; 68603–
20–3; 68603–25–8; 68920–66–1; 68920–69–4; 68937–66–6; 68951–67–7; 68954–94–9;
68987–81–5; 68991–48–0; 69011–36–5; 69013–18–9; 69013–19–0; 69227–20–9; 69227–
21–0; 69227–22–1; 69364–63–2; 70750–27–5; 70879–83–3; 70955–07–6; 71011–10–4;
71060–57–6; 71243–46–4; 72066–65–0; 72108–90–8; 72484–69–6; 72854–13–8; 72905–
87–4; 73018–31–2; 73049–34–0; 74432–13–6; 74499–34–6; 78330–19–5; 78330–20–8;
78330–21–9; 78330–23–1; 79771–03–2; 84133–50–6; 85422–93–1; 97043–91–9; 97953–
22–5; 102782–43–4; 103331–86–8; 103657–84–7; 103657–85–8; 103818–93–5; 103819–
03–0; 106232–83–1; 111905–54–5; 116810–31–2; 116810–32–3; 116810–33–4; 120313–
48–6; 120944–68–5; 121617–09–2; 126646–02–4; 126950–62–7; 127036–24–2; 139626–
71–4; 152231–44–2; 154518–36–2; 157627–86–6; 157627–88–8; 157707–41–0; 157707–
43–2; 159653–49–3; 160875–66–1; 160901–20–2; 160901–09–7; 160901–19–9; 161025–
21–4; 161025–22–5; 166736–08–9; 169107–21–5; 172588–43–1; 176022–76–7; 196823–
11–7; 287935–46–0; 288260–45–7; 303176–75–2; 954108–36–2
*
*
*
*
*
AGENCY:
the Cargo Preference Act of 1954, as
amended; and clarifying FMR language
to state clearly that this part applies to
all agencies and wholly-owned
Government corporations except where
otherwise expressly provided.
DATES: This final rule is effective June
11, 2014.
FOR FURTHER INFORMATION CONTACT: Lee
Gregory, Office of Asset and
Transportation Management, Office of
Government-wide Policy, General
Services Administration, 1800 F Street
NW., Washington, DC 20405, by phone
at (202) 507–0871 or by email at
lee.gregory@gsa.gov. Please cite FMR
Case 2012–102–5.
SUPPLEMENTARY INFORMATION:
GSA is amending the Federal
Management Regulation (FMR)
provisions pertaining to the use of
United States air carriers for cargo under
the ‘‘Fly America Act’’; updating the
current provisions in the FMR regarding
A. Background
GSA reviewed the transportation
management policy regarding
international shipments and published a
proposed rule in the Federal Register on
June 19, 2013 (78 FR 36723).
The Fly America Act, 49 U.S.C.
40118, requires the use of United States
air carrier service for all air cargo
[FR Doc. 2014–13383 Filed 6–10–14; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 102–117
[Change 2014–03; FMR Case 2012–102–5;
Docket 2012–0017, Sequence 1]
RIN 3090–AJ34
wreier-aviles on DSK6TPTVN1PROD with RULES
Federal Management Regulation
(FMR); Restrictions on International
Transportation of Freight and
Household Goods
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule.
SUMMARY:
VerDate Mar<15>2010
15:10 Jun 10, 2014
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*
transportation services funded by the
United States (U.S.) Government. One
exception to this requirement is
transportation provided under a
bilateral or multilateral air transport
agreement, to which the U.S.
Government and the government of a
foreign country are parties, and which
the Department of Transportation has
determined meets the requirements of
the Fly America Act.
The U.S. Government has entered into
several air transport agreements that
allow Federally-funded transportation
services for cargo movements to use
foreign air carriers under certain
circumstances. For example, on April 25
and April 30, 2007, the United StatesEuropean Union (EU) Air Transport
Agreement (U.S.-EU Agreement) was
signed, providing EU air carriers the
right to transport cargo, including
household goods, on scheduled and
charter flights funded by the U.S.
Government (excluding transportation
funded by the Secretary of Defense or in
the Secretary of a military department),
between any point in the U.S. and any
E:\FR\FM\11JNR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33469-33474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13383]
[[Page 33469]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2013-0210; FRL-9910-87]
[alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or poly
(oxyethylene) Polymers Where the Alkyl Chain Contains a Minimum of Six
Carbons, and [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or
poly (oxyethylene) polymers Where the Alkyl Chain Contains a Minimum of
Six Carbons and a Minimum Number Average Molecular Weight (in amu)
1,100; 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 for residues of [alpha]-alkyl-[omega]-hydroxypoly
(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain
contains a minimum of six carbons, and [alpha]-alkyl-[omega]-
hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six carbons and a minimum number
average molecular weight (in amu) 1,100 herein referred to as ``AAAs''
(alkyl alcohol alkoxylates) to include Chemical Abstract Service
Registry Number (CAS Reg. No.) 116810-31-2 when used as an inert
ingredient as a surfactant in pesticide formulations, under 40 CFR
180.910, 180.930, 180.940a, and 180.960, in growing crops without
limitations. Akzo Nobel Surface Chemistry submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
amendment to an existing requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of AAAs.
DATES: This regulation is effective June 11, 2014. Objections and
requests for hearings must be received on or before August 11, 2014,
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-2013-0210. 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.
FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 305-7090; email address: RDFRNotices@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 get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at https://ecfr.gpoaccess.gov/cgi/t/text/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 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. 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-2013-0210 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 11, 2014. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
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. Information not marked confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA without prior notice. Submit a copy of
your non-CBI objection or hearing request, identified by docket ID
number EPA-HQ-OPP-2013-0210, 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. Petition for Exemption
In the Federal Register of August 5, 2009 (74 FR 38935) (FRL-8430-
1), EPA issued a final rule, announcing the establishment of a
tolerance exemption pursuant to a pesticide petition (PP 9E7534) by The
Joint Inerts Task Force (JITF), Cluster Support Team Number 1 (CST1),
c/o CropLife America, 1156 15th St. NW., Suite 400, Washington,
[[Page 33470]]
DC 20005. The petition requested that 40 CFR 180.910, 40 CFR 180.930,
40 CFR 180.940a, and 40 CFR 180.960 be amended by establishing
exemptions from the requirement of a tolerance for residues of a group
of substances known as AAAs. The exemptions narratively describe the
subject chemical as [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene)
and/or poly (oxyethylene) polymers where the alkyl chain contains a
minimum of six carbons and specify the individual chemicals covered by
the exemptions by a listing of CAS Reg. Nos. The current petition seeks
to expand these exemptions by adding an additional chemical identified
by CAS Reg. No.
In the Federal Register of July 19, 2013 (78 FR 43118) (FRL-9392-
9), EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C.
346a, announcing the filing of a pesticide petition (IN-10544) by
Spring Trading Company, 10805 W. Timberwagon Cir., Spring, TX 77380-
4030, on behalf of Akzo Nobel Surface Chemistry, LLC, 525 West Van
Buren, Chicago, IL 60607-3823. The petition requested that 40 CFR
180.920, 180.930, and 180.960 be amended by modifying the exemption
from the requirement of a tolerance for residues of AAAs by adding
residues of additional chemicals of [alpha]-alkyl-[omega]-hydroxypoly
(oxypropylene) and/or poly(oxyethylene) polymers where the alkyl chain
contains a minimum of six carbons, and alkyl-w-hydroxypoly
(oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain
contains a minimum of six carbons, minimum number average molecular
weight (in AMU) 1,100 in or on growing crops at no limitation when used
as an inert ingredient in pesticide formulations. That notice
referenced a summary of the petition prepared by Akzo Nobel Surface
Chemistry, the petitioner, which is available in the docket, https://www.regulations.gov. Comments were received on the notice of filing. A
public comment noted that the requested 40 CFR sections, 180.920,
180.930, or 180.960 were not all the correct sections for AAAs. The
petitioner agreed and resubmitted their request.
In the Federal Register of February 25, 2014 (79 FR 03861) (FRL-
9906-77), EPA issued a notice pursuant to section 408 of FFDCA, 21
U.S.C. 346a, announcing the filing of a pesticide petition (IN-10544)
by Spring Trading Company, 10805 W. Timberwagon Cir., Spring, TX 77380-
4030, on behalf of Akzo Nobel Surface Chemistry, LLC, 525 West Van
Buren, Chicago, IL 60607-3823. The petition requested that 40 CFR
180.910, 180.930, 180.940(a) and 180.960 be amended by modifying the
exemption from the requirement of a tolerance for residues of AAAs to
include CAS Reg. No.: 116810-31-2 when used as an inert ingredient in
pesticide formulations applied to growing crops without limitations.
That notice referenced a summary of the petition prepared by Akzo Nobel
Surface Chemistry, the petitioner, which is available in the docket,
https://www.regulations.gov. Comments were received on the notice of
filing. EPA's response to these comments is discussed in Unit V.C.
In this petition, Akzo Nobel Surface Chemistry claims that the
chemical CAS Reg. No.; 116810-31-2 is covered by the published
tolerance exemption for AAAs and that no further data or review is
required to amend the existing tolerance exemption to include the
additional CAS Reg. No.
Based upon review of the data supporting the petition, EPA has
confirmed that the requested CAS Reg. No. is acceptable for
consideration under the currently approved descriptor. This limitation
is based on the Agency's risk assessment which can be found at https://www.regulations.gov in document IN-10544 requesting to amend the
exemption from the requirement of a tolerance for [alpha]-alkyl-
[omega]-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers
where the alkyl chain contains a minimum of six carbons, and a-alkyl-w-
hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six carbons and a minimum number
average molecular weight (in amu) 1,100, under 40 CFR 180.910, 180.930,
180.940(a) or 180.960 in docket ID number EPA-HQ-OPP-2013-0210.
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 low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(c)(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 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.
Consistent with section 408(c)(2)(A) of FFDCA, and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for AAAs including exposure
resulting from the exemption established by this action. EPA's
assessment of exposures and risks associated with AAAs follows.
[[Page 33471]]
The Agency agrees with the petitioner that CAS Reg. No.: 116810-31-
2 is an AAA having molecular structures conforming to the chemical
description given in the tolerance exemption expression, i.e., [alpha]-
alkyl-[omega]-hydroxypoly (oxypropylene) and/or poly (oxyethylene)
polymers where the alkyl chain contains a minimum of six carbons and
which do not contain additional structural elements that are not
included within the tolerance exemption expression description. In
2009, in establishing the exemption for the AAAs, EPA assessed their
safety generally using worst case exposure assumptions. (74 FR 149)
(FRL-8430-1). EPA concluded that that assessment showed that exempting
the AAAs from the requirement from a tolerance would be safe. Inclusion
of additional chemicals described above in the risk assessment for the
AAAs would in no way alter that prior risk assessment given the generic
findings on toxicity and the worst case exposure assumptions used in
that risk assessment. Accordingly, based on the findings in that
earlier rule, EPA has determined that there is a reasonable certainty
that no harm to any population subgroup, including infants and
children, will result from aggregate exposure to AAAs, by including the
additional chemicals described above, under reasonably foreseeable
circumstances. Therefore, the amendment of an exemption from tolerance
under 40 CFR 180.910, 180.930, 180.940, and 180.960, for residues of
AAAs to include the chemicals described above is safe under FFDCA
section 408.
V. Other Considerations
A. Analytical Enforcement Methodology
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. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the international maximum residue limits (MRLs) established
by the Codex Alimentarius Commission (Codex), as required by FFDCA
section 408(b)(4). The Codex Alimentarius is a joint U.N. Food and
Agriculture Organization/World Health Organization food standards
program, and it is recognized as an international food safety
standards-setting organization in trade agreements to which the United
States is a party. EPA may establish a tolerance that is different from
a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain
the reasons for departing from the Codex level.
The Codex has not established a MRL for AAAs.
C. Response to Comments
One comment was received for a notice of filing from a private
citizen who opposed the authorization to sell any pesticide that leaves
a residue on food. The Agency understands the commenter's concerns and
recognizes that some individuals believe that no residue of pesticides
should be allowed. However, under the existing legal framework provided
by section 408 of the FFDCA, EPA is authorized to establish pesticide
tolerances or exemptions where persons seeking such tolerances or
exemptions have demonstrated that the pesticide meets the safety
standard imposed by the statute.
VI. Conclusions
Therefore, the exemptions from the requirement of a tolerance under
40 CFR 180.910, 180.930, 180.940a, and 180.960 for AAAs when used as an
inert ingredient as a surfactant in pesticide formulations applied to
growing crops is amended to add the following CAS No.: 116810-31-2.
VII. Statutory and Executive Order Reviews
This final rule establishes 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 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 tolerance in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply.
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) (Pub. L. 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).
VIII. 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).
[[Page 33472]]
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 29, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
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. 180.910, the table is amended by revising the following
inert ingredients 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/ ........... Surfactants, related adjuvants of
or poly (oxyethylene) polymers where the alkyl chain surfactants.
contains a minimum of six carbons (CAS Reg. No.:
9002-92-0; 9004-95-9; 9004-98-2; 9005-00-9; 9035-85-
2; 9038-29-3; 9038-43-1; 9040-05-5; 9043-30-5; 9087-
53-0; 25190-05-0; 24938-91-8; 25231-21-4; 26183-52-
8; 26468-86-0; 26636-39-5; 27252-75-1; 27306-79-2;
31726-34-8; 34398-01-1; 34398-05-5; 37251-67-5;
37311-00-5; 37311-01-6; 37311-02-7; 37311-04-9;
39587-22-9; 50861-66-0; 52232-09-4; 52292-17-8;
52609-19-5; 57679-21-7; 59112-62-8; 60828-78-6;
61702-78-1; 61725-89-1; 61791-13-7; 61791-20-6;
61791-28-4; 61804-34-0; 61827-42-7; 61827-84-7;
62648-50-4; 63303-01-5; 63658-45-7; 63793-60-2;
64366-70-7; 64415-24-3; 64415-25-4; 64425-86-1;
65104-72-5; 65150-81-4; 66455-14-9: 66455-15-0;
67254-71-1; 67763-08-0; 68002-96-0; 68002-97-1;
68131-39-5; 68131-40-8; 68154-96-1; 68154-97-2;
68154-98-3; 68155-01-1; 68213-23-0; 68213-24-1;
68238-81-3; 68238-82-4; 68409-58-5; 68409-59-6;
68439-30-5; 68439-45-2; 68439-46-3; 68439-48-5;
68439-49-6; 68439-50-9; 68439-51-0; 68439-53-2;
68439-54-3; 68458-88-8; 68526-94-3; 68526-95-4;
68551-12-2; 68551-13-3; 68551-14-4; 68603-20-3;
68603-25-8; 68920-66-1; 68920-69-4; 68937-66-6;
68951-67-7; 68954-94-9; 68987-81-5; 68991-48-0;
69011-36-5; 69013-18-9; 69013-19-0; 69227-20-9;
69227-21-0; 69227-22-1; 69364-63-2; 70750-27-5;
70879-83-3; 70955-07-6; 71011-10-4; 71060-57-6;
71243-46-4; 72066-65-0; 72108-90-8; 72484-69-6;
72854-13-8; 72905-87-4; 73018-31-2; 73049-34-0;
74432-13-6; 74499-34-6; 78330-19-5; 78330-20-8;
78330-21-9; 78330-23-1; 79771-03-2; 84133-50-6;
85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4;
103331-86-8; 103657-84-7; 103657-85-8; 103818-93-5;
103819-03-0; 106232-83-1; 111905-54-5; 116810-31-2;
116810-32-3; 116810-33-4; 120313-48-6; 120944-68-5;
121617-09-2; 126646-02-4; 126950-62-7; 127036-24-2;
139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6;
157627-88-8; 157707-41-0; 157707-43-2; 159653-49-3;
160875-66-1; 160901-20-2; 160901-09-7; 160901-19-9;
161025-21-4; 161025-22-5; 166736-08-9; 169107-21-5;
172588-43-1; 176022-76-7; 196823-11-7; 287935-46-0;
288260-45-7; 303176-75-2; 954108-36-2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
3. In Sec. 180.930, the table is amended by revising the following
inert ingredients to read as follows:
Sec. 180.930 Inert ingredients applied to animals; exemptions from
the requirement of a tolerance.
* * * * *
[[Page 33473]]
----------------------------------------------------------------------------------------------------------------
Inert ingredients Limits Uses
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/ ........... Surfactants, related adjuvants of
or poly (oxyethylene) polymers where the alkyl chain surfactants.
contains a minimum of six carbons (CAS Reg. No.:
9002-92-0; 9004-95-9; 9004-98-2; 9005-00-9; 9035-85-
2; 9038-29-3; 9038-43-1; 9040-05-5; 9043-30-5; 9087-
53-0; 25190-05-0; 24938-91-8; 25231-21-4; 26183-52-
8; 26468-86-0; 26636-39-5; 27252-75-1; 27306-79-2;
31726-34-8; 34398-01-1; 34398-05-5; 37251-67-5;
37311-00-5; 37311-01-6; 37311-02-7; 37311-04-9;
39587-22-9; 50861-66-0; 52232-09-4; 52292-17-8;
52609-19-5; 57679-21-7; 59112-62-8; 60828-78-6;
61702-78-1; 61725-89-1; 61791-13-7; 61791-20-6;
61791-28-4; 61804-34-0; 61827-42-7; 61827-84-7;
62648-50-4; 63303-01-5; 63658-45-7; 63793-60-2;
64366-70-7; 64415-24-3; 64415-25-4; 64425-86-1;
65104-72-5; 65150-81-4; 66455-14-9: 66455-15-0;
67254-71-1; 67763-08-0; 68002-96-0; 68002-97-1;
68131-39-5; 68131-40-8; 68154-96-1; 68154-97-2;
68154-98-3; 68155-01-1; 68213-23-0; 68213-24-1;
68238-81-3; 68238-82-4; 68409-58-5; 68409-59-6;
68439-30-5; 68439-45-2; 68439-46-3; 68439-48-5;
68439-49-6; 68439-50-9; 68439-51-0; 68439-53-2;
68439-54-3; 68458-88-8; 68526-94-3; 68526-95-4;
68551-12-2; 68551-13-3; 68551-14-4; 68603-20-3;
68603-25-8; 68920-66-1; 68920-69-4; 68937-66-6;
68951-67-7; 68954-94-9; 68987-81-5; 68991-48-0;
69011-36-5; 69013-18-9; 69013-19-0; 69227-20-9;
69227-21-0; 69227-22-1; 69364-63-2; 70750-27-5;
70879-83-3; 70955-07-6; 71011-10-4; 71060-57-6;
71243-46-4; 72066-65-0; 72108-90-8; 72484-69-6;
72854-13-8; 72905-87-4; 73018-31-2; 73049-34-0;
74432-13-6; 74499-34-6; 78330-19-5; 78330-20-8;
78330-21-9; 78330-23-1; 79771-03-2; 84133-50-6;
85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4;
103331-86-8; 103657-84-7; 103657-85-8; 103818-93-5;
103819-03-0; 106232-83-1; 111905-54-5; 116810-31-2;
116810-32-3; 116810-33-4; 120313-48-6; 120944-68-5;
121617-09-2; 126646-02-4; 126950-62-7; 127036-24-2;
139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6;
157627-88-8; 157707-41-0; 157707-43-2; 159653-49-3;
160875-66-1; 160901-20-2; 160901-09-7; 160901-19-9;
161025-21-4; 161025-22-5; 166736-08-9; 169107-21-5;
172588-43-1; 176022-76-7; 196823-11-7; 287935-46-0;
288260-45-7; 303176-75-2; 954108-36-2).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
4. In Sec. 180.940, the table is amended by revising the following
entry to the table in paragraph (a):
Sec. 180.940 Tolerance exemptions for active and inert ingredients
for use in antimicrobial formulations (Food-contact surface sanitizing
solutions).
* * * * *
(a) * * *
----------------------------------------------------------------------------------------------------------------
Pesticide chemical CAS Reg. No. Limits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[alpha]-alkyl-[omega]-hydroxypoly 9002-92-0; 9004-95-9; 9004-98-2; 9005-00-9; 9035-85-2; .................
(oxypropylene) and/or poly 9038-29-3; 9038-43-1; 9040-05-5; 9043-30-5; 9087-53-0;
(oxyethylene) polymers where the 25190-05-0; 24938-91-8; 25231-21-4; 26183-52-8; 26468-
alkyl chain contains a minimum of 86-0; 26636-39-5; 27252-75-1; 27306-79-2; 31726-34-8;
six carbons. 34398-01-1; 34398-05-5; 37251-67-5; 37311-00-5; 37311-
01-6; 37311-02-7; 37311-04-9; 39587-22-9; 50861-66-0;
52232-09-4; 52292-17-8; 52609-19-5; 57679-21-7; 59112-
62-8; 60828-78-6; 61702-78-1; 61725-89-1; 61791-13-7;
61791-20-6; 61791-28-4; 61804-34-0; 61827-42-7; 61827-
84-7; 62648-50-4; 63303-01-5; 63658-45-7; 63793-60-2;
64366-70-7; 64415-24-3; 64415-25-4; 64425-86-1; 65104-
72-5; 65150-81-4; 66455-14-9: 66455-15-0; 67254-71-1;
67763-08-0; 68002-96-0; 68002-97-1; 68131-39-5; 68131-
40-8; 68154-96-1; 68154-97-2; 68154-98-3; 68155-01-1;
68213-23-0; 68213-24-1; 68238-81-3; 68238-82-4; 68409-
58-5; 68409-59-6; 68439-30-5; 68439-45-2; 68439-46-3;
68439-48-5; 68439-49-6; 68439-50-9; 68439-51-0; 68439-
53-2; 68439-54-3; 68458-88-8; 68526-94-3; 68526-95-4;
68551-12-2; 68551-13-3; 68551-14-4; 68603-20-3; 68603-
25-8; 68920-66-1; 68920-69-4; 68937-66-6; 68951-67-7;
68954-94-9; 68987-81-5; 68991-48-0; 69011-36-5; 69013-
18-9; 69013-19-0; 69227-20-9; 69227-21-0; 69227-22-1;
69364-63-2; 70750-27-5; 70879-83-3; 70955-07-6; 71011-
10-4; 71060-57-6; 71243-46-4; 72066-65-0; 72108-90-8;
72484-69-6; 72854-13-8; 72905-87-4; 73018-31-2; 73049-
34-0; 74432-13-6; 74499-34-6; 78330-19-5; 78330-20-8;
78330-21-9; 78330-23-1; 79771-03-2; 84133-50-6; 85422-
93-1; 97043-91-9; 97953-22-5; 102782-43-4; 103331-86-8;
103657-84-7; 103657-85-8; 103818-93-5; 103819-03-0;
106232-83-1; 111905-54-5; 116810-31-2; 116810-32-3;
116810-33-4; 120313-48-6; 120944-68-5; 121617-09-2;
126646-02-4; 126950-62-7; 127036-24-2; 139626-71-4;
152231-44-2; 154518-36-2; 157627-86-6; 157627-88-8;
157707-41-0; 157707-43-2; 159653-49-3; 160875-66-1;
160901-20-2; 160901-09-7; 160901-19-9; 161025-21-4;
161025-22-5; 166736-08-9; 169107-21-5; 172588-43-1;
176022-76-7; 196823-11-7; 287935-46-0; 288260-45-7;
303176-75-2; 954108-36-2.
[[Page 33474]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
5. In Sec. 180.960, the table is amended by revising the following
entry to read as follows:
Sec. 180.960 Polymers; exemptions from the requirement of a
tolerance.
* * * * *
----------------------------------------------------------------------------------------------------------------
Polymer CAS Reg. No.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[alpha]-alkyl-[omega]-hydroxypoly 9002-92-0; 9004-95-9; 9004-98-2; 9005-00-9; 9035-85-2; 9038-29-3;
(oxypropylene) and/or poly (oxyethylene) 9038-43-1; 9040-05-5; 9043-30-5; 9087-53-0; 25190-05-0; 24938-91-
polymers where the alkyl chain contains a 8; 25231-21-4; 26183-52-8; 26468-86-0; 26636-39-5; 27252-75-1;
minimum of six carbons and a minimum number 27306-79-2; 31726-34-8; 34398-01-1; 34398-05-5; 37251-67-5; 37311-
average molecular weight (in amu) 1,100. 00-5; 37311-01-6; 37311-02-7; 37311-04-9; 39587-22-9; 50861-66-0;
52232-09-4; 52292-17-8; 52609-19-5; 57679-21-7; 59112-62-8; 60828-
78-6; 61702-78-1; 61725-89-1; 61791-13-7; 61791-20-6; 61791-28-4;
61804-34-0; 61827-42-7; 61827-84-7; 62648-50-4; 63303-01-5; 63658-
45-7; 63793-60-2; 64366-70-7; 64415-24-3; 64415-25-4; 64425-86-1;
65104-72-5; 65150-81-4; 66455-14-9: 66455-15-0; 67254-71-1; 67763-
08-0; 68002-96-0; 68002-97-1; 68131-39-5; 68131-40-8; 68154-96-1;
68154-97-2; 68154-98-3; 68155-01-1; 68213-23-0; 68213-24-1; 68238-
81-3; 68238-82-4; 68409-58-5; 68409-59-6; 68439-30-5; 68439-45-2;
68439-46-3; 68439-48-5; 68439-49-6; 68439-50-9; 68439-51-0; 68439-
53-2; 68439-54-3; 68458-88-8; 68526-94-3; 68526-95-4; 68551-12-2;
68551-13-3; 68551-14-4; 68603-20-3; 68603-25-8; 68920-66-1; 68920-
69-4; 68937-66-6; 68951-67-7; 68954-94-9; 68987-81-5; 68991-48-0;
69011-36-5; 69013-18-9; 69013-19-0; 69227-20-9; 69227-21-0; 69227-
22-1; 69364-63-2; 70750-27-5; 70879-83-3; 70955-07-6; 71011-10-4;
71060-57-6; 71243-46-4; 72066-65-0; 72108-90-8; 72484-69-6; 72854-
13-8; 72905-87-4; 73018-31-2; 73049-34-0; 74432-13-6; 74499-34-6;
78330-19-5; 78330-20-8; 78330-21-9; 78330-23-1; 79771-03-2; 84133-
50-6; 85422-93-1; 97043-91-9; 97953-22-5; 102782-43-4; 103331-86-
8; 103657-84-7; 103657-85-8; 103818-93-5; 103819-03-0; 106232-83-
1; 111905-54-5; 116810-31-2; 116810-32-3; 116810-33-4; 120313-48-
6; 120944-68-5; 121617-09-2; 126646-02-4; 126950-62-7; 127036-24-
2; 139626-71-4; 152231-44-2; 154518-36-2; 157627-86-6; 157627-88-
8; 157707-41-0; 157707-43-2; 159653-49-3; 160875-66-1; 160901-20-
2; 160901-09-7; 160901-19-9; 161025-21-4; 161025-22-5; 166736-08-
9; 169107-21-5; 172588-43-1; 176022-76-7; 196823-11-7; 287935-46-
0; 288260-45-7; 303176-75-2; 954108-36-2
* * * * * * *
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[FR Doc. 2014-13383 Filed 6-10-14; 8:45 am]
BILLING CODE 6560-50-P
