[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Proposed Rules]
[Pages 28120-28122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13437]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[PP 6E04704/P657; FRL-5369-5]
RIN 2070-AC18
-Alkyl (C10-C15)--Hydroxy
Poly(oxyethylene) Sulfate and its Ammonium, Calcium, Magnesium,
Potassium, Sodium and Zinc Salts; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This document proposes that the current exemption from the
requirement of a tolerance for -alkyl (C12-C15)-
-hydroxy poly(oxyethylene) sulfate and its ammonium, calcium,
magnesium, potassium, sodium and zinc salts; the polyoxyethylene
content averages 3 moles be amended to include alkyl groups ranging
from C10-C14. This proposed regulation was requested by
Henkel Corporation pursuant to Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: Comments, identified by the docket control number [PP 6E04704/
P657], must be received on or before July 5, 1996.
ADDRESSES: By mail, submit written comments to: Public Response and
Program Resources Branch, Field Operations Division (7506C), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. In person deliver comments to: Rm. 1132, Crystal
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Information submitted as a comment concerning this document may be
claimed confidential by marking any part or all of that information as
``Confidential Business Information'' (CBI). Information so marked will
not be disclosed except in accordance with procedures set forth in 40
CFR part 2. A copy of the comment that does not contain CBI must be
submitted for inclusion in the public record. Information not marked
confidential will be included in the public docket by EPA without prior
notice. The public docket is available for public inspection in Rm.
1132 at the Virginia address given above, from 8 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: [email protected]. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in WordPerfect 5.1 file format or ASCII file format.
All comments and data in electronic form must be identified by the
docket number, [PP 6E04704/P657]. No CBI should be submitted through e-
mail. Electronic comments on this proposed rule may be filed online at
many Federal Depository Libraries. Additional information on electronic
submissions can be found below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Bipin Gandhi, Registration
Support Branch, Registration Division (7505W), Office of Pesticide
Programs,
[[Page 28121]]
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.
Office location, telephone number, and e-mail address: 2800 Crystal
Drive, North Tower, Arlington, VA, (703) 308-8380, e-mail: gandhi.bipin
@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Henkel Corporation, 4900 Este Avenue,
Cincinnati, Ohio 45232-1491, has submitted pesticide petition (PP)
6E04704 to EPA requesting that the Administrator, pursuant to section
408(e) of the FFDCA, 21 U.S.C. 346a(e), propose to amend 40 CFR
180.1001(c) and (e) by establishing an exemption from the requirement
of a tolerance for -alkyl (C10-C14)--
hydroxy poly(oxyethylene) sulfate and its ammonium, calcium, magnesium
potassium, sodium, and zinc salts; the poly(oxyethylene) content
averages 2 moles when used as an inert ingredient (surfactants, related
adjuvants of surfactants) in pesticide formulations applied to growing
crops or to raw agricultural commodities after harvest.
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.
The data submitted in the petition and other relevant material have
been evaluated. As part of the EPA policy statement on inert
ingredients published in the Federal Register of April 22, 1987 (52 FR
13305), the Agency set forth a list of studies which would generally be
used to evaluate the risks posed by the presence of an inert ingredient
in a pesticide formulation. However, where it can be determined without
that data that the inert ingredient will present minimal or no risk,
the Agency generally does not require some or all of the listed studies
to rule on the proposed tolerance or exemption from the requirement of
a tolerance for an inert ingredient. The Agency has decided that no
data, in addition to that described below, for -alkyl
(C10-C14)--hydroxy poly(oxyethylene) sulfate and
its ammonium, calcium, magnesium, potassium, sodium, and zinc salts;
the poly(oxyethylene) content averages 2 moles will need to be
submitted. The rationale for this decision is described below:
(1) The closely related surfactant, -alkyl (C12-
C15)--hydroxy poly(oxyethylene) sulfate and its
ammonium, calcium, magnesium, potassium, sodium, and zinc salts; the
poly(oxyethylene) content averages 3 moles is exempt from the
requirement of a tolerance under 40 CFR 180.1001(c).
(2) A related alkyl ethoxylate surfactant, -alkyl-
(C8-C18)--hydroxypoly(oxyethylene) with a
poly(oxyethylene) content of 2 to 30 moles, is exempt from the
requirement of a tolerance under 40 CFR 180.1001(c).
(3) The addition of the C10-C14 alkyl chain to the
existing C12-C15 alkyl chain of alkyl C12-C15-
omega-hydroxy poly(oxyethylene) sulfate and its ammonium, calcium,
magnasium, potassium, sodium and zinc salts and a reduction in average
poly(oxyethylene) content from 3 moles to 2 moles is not expected to
result in any adverse effects on health or the environment.
Based upon the above information and review of its use, EPA has
found that, when used in accordance with good agricultural practice,
this ingredient is useful and a tolerance is not necessary to protect
the public health. Therefore, EPA proposes that the exemption from the
requirement of a tolerance be established as set forth below.
Any person who has registered or submitted an application for
registration of a pesticide, under the Federal Insecticide, Fungicide,
and Rodenticide Act as amended, which contains any of the ingredients
listed herein, may request within 30 days after publication of this
document in the Federal Register that this proposal be referred to an
Advisory Committee in accordance with section 408(e) of FFDCA.
Interested persons are invited to submit written comments on the
proposed regulation. Comments must bear a notation indicating the
docket control number, [PP 6E04704/P657]. All written comments filed in
response to this petition will be available in the Public Response and
Program Resources Branch, at the Virginia address given above from 8
a.m. to 4:30 p.m. Monday through Friday, except legal holidays.
A record has been established for this rulemaking under docket
number [PP 6E04704/P657] (including comments and data submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments, which does
not include any information claimed as CBI, is available for inspection
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The public record is located in Room 1132 of the Public
Response and Program Resources Branch, Field Operations Division
(7506C), Office of Pesticide Programs, Environmental Protection Agency,
Crystal Mall#2, 1921 Jefferson Davis Highway, Arlington, VA.
Electronic comments can be sent directly to EPA at:
[email protected]
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption.
The official record for this rulemaking, as well as the public
version, as described above will be kept in paper form. Accordingly,
EPA will transfer all comments received electronically into printed,
paper form as they are received and will place the paper copies in the
official rulemaking record which will also include all comments
submitted directly in writing. The official rulemaking record is the
paper record maintained at the address in ``ADDRESSES'' at the
beginning of this document.
The Office of Management and Budget has exempted this proposed rule
from the requirements of section 3 of Executive Order 12866.
This action does not impose any enforceable duty, or contain any
``unfunded mandates'' as described in Title II of the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as
specified by Executive Order 12875 (58 FR 58093, October 28, 1993),
entitled Enhancing the Intergovernmental Partnership, or special
consideration as required by Executive Order 12898 (59 FR 7629,
February 16, 1994).
Pursuant to the requirements of the Regulatory Flexibility Act
(Pub. L. 96-3 54, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator
has determined that regulations establishing new tolerances or raising
tolerance levels or establishing exemptions from tolerance requirements
do not have a significant economic impact on a substantial number of
small entities. A certification statement to this effect was published
in the Federal Register of May 4, 1981 (46 FR 24950).
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 15, 1996.
[[Page 28122]]
Stephen L. Johnson,
Director, Registration Division, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR part 180 be amended as
follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 346a and 371.
2. In Sec. 180.1001 the table to paragraphs (c) and (e) is amended
by revising the listing for ``-Alkyl C12-C15-
-hydroxy poly(oxyethylene) sulfate and its ammonium, calcium,
magnesium, potassium, sodium and zinc salts; the polyoxyethylene
content averages 3 moles'' to read as follows:
Sec. 180.1001 Exemptions from the requirements of a tolerance.
* * * * *
(c) * * *
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Ingredients Limits Uses
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* * * * * * *
-Alkyl (C10-C15)- .............. Surfactants, related
-hydroxy adjuvants of
poly(oxyethylene) sulfate surfactants.
and its ammonium, calcium,
magnesium, potassium,
sodium, and zinc salts; the
poly(oxyethylene) content
averages 2 moles.
* * * * * * *
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* * * * *
(e) * * *
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Ingredients Limits Uses
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* * * * * * * `
-Alkyl (C10-C15)- .............. Surfactants, related
-hydroxy adjuvants of
poly(oxyethylene) sulfate surfactants.
and its ammonium, calcium,
magnesium, potassium,
sodium, and zinc salts; the
poly(oxyethylene) content
averages 2 moles.
* * * * * * *
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[FR Doc. 96-13437 Filed 6-3-96; 8:45 am]
BILLING CODE 6560-50-F