Poly(oxy-1,2-ethanediyl), α-isooctyl-ω-hydroxy; Exemption From the Requirement of a Tolerance, 42235-42240 [2017-17622]
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Rules and Regulations
Dated: August 10, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
Subpart U—Maine
2. In § 52.1020, the table in paragraph
(c) is amended by revising the entry for
‘‘Chapter 127 and Appendix A’’ to read
as follows:
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1. The authority citation for part 52
continues to read as follows:
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§ 52.1020
Authority: 42 U.S.C. 7401 et seq.
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poly(oxy-1,2-ethanediyl), a-isooctyl-whydroxy.
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[FR Doc. 2017–18873 Filed 9–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0755; FRL–9963–98]
Poly(oxy-1,2-ethanediyl), α-isooctyl-whydroxy; Exemption From the
Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation amends an
exemption from the requirement of a
tolerance for residues of a-alkyl-whydroxypoly(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
Poly(oxy-1,2-ethanediyl), a-isooctyl-whydroxy (CAS Reg. No. 61723–78–2)
when used as an inert ingredient
(surfactant, related adjuvants of
surfactants) in pesticide formulations.
The Spring Trading Company on behalf
of Sasol Chemicals (USA) submitted a
petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA),
requesting an amendment to an existing
exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of
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SUMMARY:
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This regulation is effective
September 7, 2017. Objections and
requests for hearings must be received
on or before November 6, 2017, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
DATES:
Jkt 241001
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0755, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
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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. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
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://
www.ecfr.gov/cgi-bin/textidx?&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–
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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Rules and Regulations
pmangrum on DSK3GDR082PROD with RULES
OPP–2016–0755 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 November 6, 2017. 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 (excluding
any Confidential Business Information
(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 the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2016–0755, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of August 5,
2009 (74 FR 38935) (FRL–8430–1), EPA
issued a final rule that established an
exemption from the requirements of a
tolerance for (residues) of a-alkyl-whydroxypoly(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)] when used as an
inert ingredient in pesticide
formulations. The exemption from the
requirement of a tolerance was
established for residues of the lower
molecular weight of a-alkyl-whydroxypoly(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl
chain contains a minimum of six
carbons when used as an inert
ingredient in pesticide formulations
applied pre- and post-harvest, applied
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to livestock, and used in antimicrobial
formulations under 40 CFR 180.910, 40
CFR 180.930, and 40 CFR 180.940(a). In
addition, an exemption from the
requirement of a tolerance was
established for residues of larger
molecular weight compounds of a-alkylw-hydroxypoly(oxypropylene) and/or
poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six
carbons under 40 CFR 180.960. The
individual chemicals covered by the
exemption are identified by CAS Reg.
Nos.
In the Federal Register of June 8, 2017
(Volume 82 FR 26641) (FRL–9961–14),
EPA issued a document pursuant to
FFDCA section 408, 21 U.S.C. 346a,
announcing the filing of a pesticide
petition (PP IN–10990) by The Spring
Trading Company, (203 Dogwood Trail,
Magnolia, TX 77354) on behalf of Sasol
Chemicals (USA) LLC, (12120
Wickchester Lane, Houston, TX 77079).
The petition requested that 40 CFR
180.910, 180.930, 180.940(a) and
180.960 be amended by modifying the
exemptions from the requirement of a
tolerance for residues of AAAs by
adding residues of poly(oxy-1,2ethanediyl), a-isooctyl-w-hydroxy,
identified by CAS Reg. No. 61723–78–
2, which meets the chemical identity aalkyl-w-hydroxypoly (oxypropylene)
and/or poly (oxyethylene) polymers
where the alkyl chain contains a
minimum of six carbons. In cases where
the minimum number average
molecular weight is 1,100 or more, the
request is to include the alcohols, C>14,
ethoxylated in the group of substances
named under 40 CFR 180.960. For lower
molecular weights the request is to
amend the existing exemptions from the
requirement of a tolerance under 40 CFR
180.910, 180.930 and 180.940(a).
Based upon review of the data
supporting the petition, EPA has
confirmed that the requested CAS Reg.
No. 61723–78–2 is acceptable for
inclusion under the currently approved
descriptor. This determination is based
on the Agency’s risk assessment which
can be found at https://
www.regulations.gov in document IN–
10990; Poly(oxy-1,2-ethanediyl), aisooctyl-w-hydroxy: Human Health Risk
Assessment and Ecological Effects
Assessment to Support Proposed
Exemption from the Requirement of a
Tolerance When Used as an Inert
Ingredient in Pesticide Formulations
which can be found in docket ID
number EPA–HQ–OPP–2016–0755.
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
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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
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result from aggregate exposure to the
inert ingredient, an exemption from the
requirement of a tolerance may be
established.
Consistent with FFDCA section
408(c)(2)(A), 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.
The Agency agrees with the petitioner
that poly(oxy-1,2-ethanediyl), aisooctyl-w-hydroxy-, CAS Reg. No.
61723–78–2 is an AAA having a
molecular structure conforming to the
chemical description given in the
tolerance exemption expression, i.e., aalkyl-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 (August 5, 2009;
74 FR 38935). EPA concluded based on
that assessment that exempting the
AAAs from the requirement from a
tolerance would be safe. Inclusion of
additional chemicals that are part of the
group 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, and the
finding that poly(oxy-1,2-ethanediyl), aisooctyl-w-hydroxy-, CAS Reg. No.
61723–78–2 fits within the description
of AAAs that were the subject of that
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, including
the additional chemical described
above, as inert ingredients in pesticide
products under reasonably foreseeable
circumstances. Therefore, the
amendment of exemptions from the
requirement of a tolerance under 40 CFR
180.910, 180.930, 180.940(a), and
180.960, for residues of AAAs to add the
chemical described above, is safe under
FFDCA section 408.
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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—No
Comments Have Been Received
VI. Conclusions
Therefore, the exemptions from the
requirement of a tolerance under 40 CFR
180.910, 180.930, 180.940(a), and
180.960 for α-alkyl-w-hydroxypoly
(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl
chain contains a minimum of six
carbons when used as an inert
ingredient as a surfactant in pesticide
formulations applied to growing crops,
animals, or food contact surfaces are
amended to add the CAS Reg. No.
61723–78–2 to the description of AAAs.
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
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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
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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
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General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Dated: July 7, 2017.
Michael Goodis,
Director, Registration Division, Office of
Pesticide Programs.
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Authority: 21 U.S.C. 321(q), 346a and 371.
Therefore, 40 CFR chapter I is
amended as follows:
2. In § 180.910, revise the inert
ingredient(s) in the table to read as
follows:
■
§ 180.910 Inert ingredients used pre- and
post-harvest; exemptions from the
requirement of a tolerance.
PART 180—[AMENDED]
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1. The authority citation for part 180
continues to read as follows:
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Inert ingredients
Limits
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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. Nos.: 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; 251553–55–6; 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; 61723–78–2; 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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3. In § 180.930, the table is amended
by revising the following inert
ingredients to read as follows:
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Uses
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§ 180.930 Inert ingredients applied to
animals; exemptions from the requirement
of a tolerance.
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Surfactants, related adjuvants of surfactants.
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Inert ingredients
Limits
*
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*
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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. Nos.: 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; 251553–55–6; 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; 61723–78–2; 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).
*
........................
*
*
*
4. In § 180.940, the table is amended
by revising the following entry to the
table in paragraph (a):
■
*
*
Uses
*
Surfactants, related adjuvants of surfactants.
*
*
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
(a) * * *
Pesticide chemical
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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 251553–
55–6).
*
VerDate Sep<11>2014
CAS Reg. No
Limits
*
*
*
*
*
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; 251553–55–6; 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; 61723–78–2; 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.
*
*
*
14:53 Sep 06, 2017
*
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07SER1
42240
Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Rules and Regulations
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
5. In § 180.960, the table is amended
by revising the following entry to read
as follows:
■
*
*
*
*
*
Polymer
CAS 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; 251553–55–6; 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; 61723–78–2; 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.
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
[Docket ID FEMA–2017–0002; Internal
Agency Docket No. FEMA–8495]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
SUMMARY:
pmangrum on DSK3GDR082PROD with RULES
Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact Patricia Suber,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 400 C Street SW.,
Washington, DC 20472, (202) 646–4149.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
DATES:
44 CFR Part 64
14:53 Sep 06, 2017
*
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/national-floodinsurance-program-community-statusbook.
[FR Doc. 2017–17622 Filed 9–6–17; 8:45 am]
VerDate Sep<11>2014
*
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body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
E:\FR\FM\07SER1.SGM
07SER1
]]>Agencies
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Rules and Regulations]
[Pages 42235-42240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17622]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2016-0755; FRL-9963-98]
Poly(oxy-1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy;
Exemption From the Requirement of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This regulation amends 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 a minimum number
average molecular weight (in amu) 1,100 (herein referred to as ``AAAs''
(alkyl alcohol alkoxylates)) to include Poly(oxy-1,2-ethanediyl),
[alpha]-isooctyl-[omega]-hydroxy (CAS Reg. No. 61723-78-2) when used as
an inert ingredient (surfactant, related adjuvants of surfactants) in
pesticide formulations. The Spring Trading Company on behalf of Sasol
Chemicals (USA) submitted a petition to EPA under the Federal Food,
Drug, and Cosmetic Act (FFDCA), requesting an amendment to an existing
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of poly(oxy-1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy.
DATES: This regulation is effective September 7, 2017. Objections and
requests for hearings must be received on or before November 6, 2017,
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: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2016-0755, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main 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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
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://www.ecfr.gov/cgi-bin/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-
[[Page 42236]]
OPP-2016-0755 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 November 6, 2017.
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 (excluding any Confidential Business Information (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 the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2016-0755, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Petition for Exemption
In the Federal Register of August 5, 2009 (74 FR 38935) (FRL-8430-
1), EPA issued a final rule that established an exemption from the
requirements 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 a minimum number
average molecular weight (in amu) 1,100 [herein referred to as ``AAAs''
(alkyl alcohol alkoxylates)] when used as an inert ingredient in
pesticide formulations. The exemption from the requirement of a
tolerance was established for residues of the lower molecular weight of
[alpha]-alkyl-[omega]-hydroxypoly(oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl chain contains a minimum of six
carbons when used as an inert ingredient in pesticide formulations
applied pre- and post-harvest, applied to livestock, and used in
antimicrobial formulations under 40 CFR 180.910, 40 CFR 180.930, and 40
CFR 180.940(a). In addition, an exemption from the requirement of a
tolerance was established for residues of larger molecular weight
compounds of [alpha]-alkyl-[omega]-hydroxypoly(oxypropylene) and/or
poly (oxyethylene) polymers where the alkyl chain contains a minimum of
six carbons under 40 CFR 180.960. The individual chemicals covered by
the exemption are identified by CAS Reg. Nos.
In the Federal Register of June 8, 2017 (Volume 82 FR 26641) (FRL-
9961-14), EPA issued a document pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the filing of a pesticide petition (PP IN-
10990) by The Spring Trading Company, (203 Dogwood Trail, Magnolia, TX
77354) on behalf of Sasol Chemicals (USA) LLC, (12120 Wickchester Lane,
Houston, TX 77079). The petition requested that 40 CFR 180.910,
180.930, 180.940(a) and 180.960 be amended by modifying the exemptions
from the requirement of a tolerance for residues of AAAs by adding
residues of poly(oxy-1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy,
identified by CAS Reg. No. 61723-78-2, which meets the chemical
identity [alpha]-alkyl-[omega]-hydroxypoly (oxypropylene) and/or poly
(oxyethylene) polymers where the alkyl chain contains a minimum of six
carbons. In cases where the minimum number average molecular weight is
1,100 or more, the request is to include the alcohols, C>14,
ethoxylated in the group of substances named under 40 CFR 180.960. For
lower molecular weights the request is to amend the existing exemptions
from the requirement of a tolerance under 40 CFR 180.910, 180.930 and
180.940(a).
Based upon review of the data supporting the petition, EPA has
confirmed that the requested CAS Reg. No. 61723-78-2 is acceptable for
inclusion under the currently approved descriptor. This determination
is based on the Agency's risk assessment which can be found at https://www.regulations.gov in document IN-10990; Poly(oxy-1,2-ethanediyl),
[alpha]-isooctyl-[omega]-hydroxy: Human Health Risk Assessment and
Ecological Effects Assessment to Support Proposed Exemption from the
Requirement of a Tolerance When Used as an Inert Ingredient in
Pesticide Formulations which can be found in docket ID number EPA-HQ-
OPP-2016-0755.
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
[[Page 42237]]
result from aggregate exposure to the inert ingredient, an exemption
from the requirement of a tolerance may be established.
Consistent with FFDCA section 408(c)(2)(A), 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.
The Agency agrees with the petitioner that poly(oxy-1,2-
ethanediyl), [alpha]-isooctyl-[omega]-hydroxy-, CAS Reg. No. 61723-78-2
is an AAA having a molecular structure 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 (August 5, 2009;
74 FR 38935). EPA concluded based on that assessment that exempting the
AAAs from the requirement from a tolerance would be safe. Inclusion of
additional chemicals that are part of the group 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, and the finding that poly(oxy-
1,2-ethanediyl), [alpha]-isooctyl-[omega]-hydroxy-, CAS Reg. No. 61723-
78-2 fits within the description of AAAs that were the subject of that
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, including the additional
chemical described above, as inert ingredients in pesticide products
under reasonably foreseeable circumstances. Therefore, the amendment of
exemptions from the requirement of a tolerance under 40 CFR 180.910,
180.930, 180.940(a), and 180.960, for residues of AAAs to add the
chemical 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--No Comments Have Been Received
VI. Conclusions
Therefore, the exemptions from the requirement of a tolerance under
40 CFR 180.910, 180.930, 180.940(a), and 180.960 for a-alkyl-[omega]-
hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the
alkyl chain contains a minimum of six carbons when used as an inert
ingredient as a surfactant in pesticide formulations applied to growing
crops, animals, or food contact surfaces are amended to add the CAS
Reg. No. 61723-78-2 to the description of AAAs.
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
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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
[[Page 42238]]
General of the United States prior to publication of the rule in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 7, 2017.
Michael Goodis,
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, revise the inert ingredient(s) in the table 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) .............. Surfactants, related adjuvants of
and/or poly (oxyethylene) polymers where the alkyl surfactants.
chain contains a minimum of six carbons (CAS Reg.
Nos.: 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; 251553-55-6; 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; 61723-78-2;
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 42239]]
----------------------------------------------------------------------------------------------------------------
Inert ingredients Limits Uses
----------------------------------------------------------------------------------------------------------------
* * * * * * *
[alpha]-Alkyl-[omega]-hydroxypoly (oxypropylene) .............. Surfactants, related adjuvants of
and/or poly (oxyethylene) polymers where the alkyl surfactants.
chain contains a minimum of six carbons (CAS Reg.
Nos.: 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; 251553-55-6; 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; 61723-78-2;
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-
(oxypropylene) and/or poly 9; 9004-98-2; 9005-
(oxyethylene) polymers where the 00-9; 9035-85-2;
alkyl chain contains a minimum of 9038-29-3; 9038-43-
six carbons (CAS Reg. No 251553- 1; 9040-05-5; 9043-
55-6). 30-5; 9087-53-0;
25190-05-0; 24938-
91-8; 25231-21-4;
251553-55-6; 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; 61723-78-2;
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 42240]]
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 No.
------------------------------------------------------------------------
* * * * * * *
[alpha]-Alkyl-[omega]-hydroxypoly 9002-92-0; 9004-95-9; 9004-
(oxypropylene) and/or poly (oxyethylene) 98-2; 9005-00-9; 9035-85-2;
polymers where the alkyl chain contains a 9038-29-3; 9038-43-1; 9040-
minimum of six carbons and a minimum 05-5; 9043-30-5; 9087-53-0;
number average molecular weight (in amu) 25190-05-0; 24938-91-8;
1,100. 25231-21-4; 251553-55-6;
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;
61723-78-2; 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. 2017-17622 Filed 9-6-17; 8:45 am]
BILLING CODE 6560-50-P
