Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 8895 

Vessel Number 

Horizontal distance from the fore and aft 

centerline of the vessel in the athwartship 

direction 

*******

USS SPRUANCE .............................................. DDG 111 ........................................................... 1.90 meters. 

*******

* * * * * ■ 16. * * * 

Vessel Number Obstruction angle relative ship’s headings 

*******

USS SPRUANCE .............................................. DDG 111 ........................................................... 107.48 thru 112.50 [degrees]. 

*******

* * * * * 

TABLE FIVE

Vessel Number 

Masthead lights not 

over all other lights 

and obstructions. 

Annex I, sec. 2(f) 

Forward masthead 

light not in forward 

quarter of ship. 

Annex I, sec. 3(a) 

After masthead 

light less than 1⁄2

ship’s length aft of 

forward masthead 

light. Annex I, sec. 

3(a) 

Percentage 

horizontal 

separation 

attained 

*******

USS SPRUANCE ......................... DDG 111 ................ X X X 14.9 

*******

Approved: February 9, 2011. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law). 

Dated: February 9, 2011. 

D.J. Werner, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2011–3530 Filed 2–15–11; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0275; FRL–8860–8] 

Polymerized Fatty Acid Esters With 

Aminoalcohol Alkoxylates; 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 polymerized 

fatty acid esters with aminoalcohol 

alkoxylates (PFAEAA) with a minimum 

number average molecular weight (in 

amu) 1,200, limited to the chemicals 

listed in Unit 11 of the SUPPLEMENTARY

INFORMATION, when used as an inert 

ingredient (surfactant) under 40 CFR 

180.910 (growing crops and raw 

agricultural commodities after harvest) 

and 40 CFR 180.930 (animal 

application). Croda Inc. submitted a 

petition to EPA under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

PFAEAA. 

DATES: This regulation is effective 

February 16, 2011. Objections and 

requests for hearings must be received 

on or before April 18, 2011, 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–2010–0275. All documents in the 

docket are listed in the docket index 

available at http://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 

http://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: 

Deirdre Sunderland, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 


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8896 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 

number: (703) 603–0851; e-mail 

address: sunderland.deirdre@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 http:// 

www.gpoaccess.gov/ecfr. To access the 

harmonized test guidelines referenced 

in this document electronically, please 

go to http://www.epa.gov/ocspp and 

select ‘‘Test Methods and Guidelines.’’ 

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–2010–0275 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 April 18, 2011. 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–2010–0275, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

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 June 8, 2010 

(75 FR 32463) (FRL–8827–5), EPA 

issued a notice pursuant to section 408 

of FFDCA, 21 U.S.C. 346a, announcing 

the filing of a pesticide petition (PP 

0E7699) by Croda Inc., 315 Cherry Lane, 

New Castle, DE 19720. The petition 

requested that 40 CFR 180.910 and 

180.930 be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of polymerized 

fatty acid esters with aminoalcohol 

alkoxylates (PFAEAA); limited to the 

following chemicals: 

Dimethylaminoethanol, ethoxylated, 

reaction products with fatty acid dimers 

(CAS Reg. No. 1173188–38–9); 

dimethylaminoethanol, ethoxylated, 

propoxylated, reaction products with 

fatty acid dimers (CAS Reg. No. 

1173188–42–5 diethylaminoethanol, 

ethoxylated, reaction product with fatty 

acid dimers (CAS Reg. No. 1173188–72– 

1); diethylaminoethanol, ethoxylated, 

propoxylated, reaction products with 

fatty acid dimers (CAS Reg. No. 

1173188–75–4); dimethylaminoethanol, 

ethoxylated, reaction products with 

fatty acid trimers (CAS Reg. No. 

1173188–49–2); dimethylaminoethanol, 

ethoxylated, propoxylated, reaction 

products with fatty acid trimers (CAS 

Reg. No. 1173188–67–4); 

diethylaminoethanol, ethoxylated, 

reaction products with fatty acid trimers 

(CAS Reg. No. 1173188–81–2); 

diethylaminoethanol, ethoxylated, 

propoxylated, reaction products with 

fatty acid trimers (CAS Reg. No. 

1173188–83–4); 

hydroxyethylmorpholine, ethoxylated, 

reaction products with fatty acid dimers 

(CAS Reg. No. 1173189–00–8); 

hydroxyethylmorpholine, ethoxylated, 

propoxylated, reaction products with 

fatty acid dimers (CAS Reg. No. 

1173189–06–4); 

hydroxyethylpiperidine, ethoxylated, 

reaction products with fatty acid dimers 

(CAS Reg. No. 1173189–20–2); 

hydroxyethylpiperidine, ethoxylated, 

propoxylated, reaction products with 

fatty acid dimers (CAS Reg. No. 

1173189–22–4); 

hydroxyethylmorpholine, ethoxylated, 

reaction products with fatty acid trimers 

(CAS Reg. No. 1173189–09–7); 

hydroxyethylmorpholine, ethoxylated, 

propoxylated, reaction products with 

fatty acid trimers (CAS Reg. No. 

1173189–17–7); 

hydroxyethylpiperidine, ethoxylated, 

reaction products with fatty acid trimers 

(CAS Reg. No. 1173189–25–7); 

hydroxyethylpiperidine, ethoxylated, 

propoxylated, reaction products with 

fatty acid trimers (CAS Reg. No. 

1173189–28–0), when used as insert 

ingredients (surfactants) in pesticide 

formulations applied to growing crops 

or to raw agricultural commodities after 

harvest and formulations applied to 

animals. That notice referenced a 

summary of the petition prepared by 

Croda Inc., the petitioner, which is 

available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. In the notice of filing 

‘‘dimethylaminoethanol, ethoxylated, 

propoxylated, reaction products with 

fatty acid trimers’’ was presented with 

the incorrect CAS Reg. No. of 1173189– 

17–7. The Petitioner mistakenly listed 

the same CAS Reg. No. for two of the 

chemicals in the petition. The correct 

CAS Reg. No. for 

dimethylaminoethanol, ethoxylated, 

propoxylated, reaction products with 

fatty acid trimers is CAS Reg. No. 

1173188–67–4. EPA has adopted the 

correct CAS Reg. No. in promulgating 

the tolerance exemption. 

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 


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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 PFAEAA 

including exposure resulting from the 

exemption established by this action. 

EPA’s assessment of exposures and risks 

associated with PFAEAA follows. 

A. Toxicological Profile 

EPA has evaluated the available 

toxicity data and considered their 

validity, completeness, and reliability as 

well as the relationship of the results of 

the studies to human risk. EPA has also 

considered available information 

concerning the variability of the 

sensitivities of major identifiable 

subgroups of consumers, including 

infants and children. The acute oral 

median lethal dose (LD50) for one of the 

chemicals, (diethylaminoethanol, 

ethoxylated, reaction products with 

fatty acid trimers (CAS Reg. No. 

1173188–81–2)) which has been used to 

represent the group of petitioned 

chemicals, was determined to be > 2,000 

milligrams/kilogram (mg/kg) 

(Harmonized Test Guideline 870.1100). 

In a non-guideline study used for 

supplemental purposes, the chemical 

was shown to be non-irritating to both 

skin and eyes. A reverse mutation assay 

‘‘Ames Test’’ with and without 

activation (Harmonized Test Guideline 

870.5100) indicated that PFAEAA are 

non-mutagenic. 

In addition, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk to human 

health or the environment (i.e. 40 CFR 

180.960). The definition of a polymer is 

given in 40 CFR 723.250(b) and the 

exclusion criteria for identifying these 

low-risk polymers are described in 40 

CFR 723.250(d). PFAEAA conforms to 

the definition of a polymer given in 40 

CFR 723.250(b) and meets all of the 

following criteria, with the exception of 

the ‘‘reactive functional group’’ criterion 

(specified in 40 CFR 723.250(e) in this 

Unit), that are used to identify low-risk 

polymers. 

1. The polymer is not a cationic 

polymer nor is it reasonably anticipated 

to become a cationic polymer in a 

natural aquatic environment. 

2. The polymer does contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymer does not contain as an 

integral part of its composition, except 

as impurities, any element other than 

those listed in 40 CFR 723.250(d)(2)(ii). 

4. The polymer is neither designed 

nor can it be reasonably anticipated to 

substantially degrade, decompose, or 

depolymerize. 

5. The polymer is manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymer is not a water 

absorbing polymer with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

Additionally, in order to meet the low 

risk polymer criteria, the polymer also 

meets as required the exemption criteria 

specified in 40 CFR 723.250(e) regarding 

minimum MW and reactive functional 

groups. The polymer’s number average 

MW of 1,200 is greater than 1,000 and 

less than 10,000 daltons, as required by 

40 CFR 723.250(e). Further, the polymer 

meets the 40 CFR 723.250(e) 

requirement that it contain less than 

10% oligomeric material below MW 500 

and less than 25% oligomeric material 

below MW 1,000. This subsection also 

states that the polymer may not contain 

any reactive functional groups. PFAEAA 

contain one tertiary amine which makes 

it ineligible for registration under 40 

CFR 180.960; however, the Agency 

believes that these reactive functional 

groups are not a safety concern for 

humans because information provided 

by the petitioner indicates that the 

polymer exists in a zwitterionic form in 

which the tertiary amine nitrogen is 

internally protonated and not available 

for further covalent bonding. 

Additionally, the structure of the 

polymer and its conformation appear to 

reduce the compound’s basicity and 

nucleophilicity. This is further 

supported by a measurement of the 

isoelectric point (pI) of the polymer. 

Available toxicity studies are limited. 

However, due to their large size 

(minimum number average molecular 

weight 1,200 amu) and the general 

conformance to the 40 CFR 180.960, 

polymerized fatty acid esters with 

aminoalcohol alkoxylates are not 

expected to pass through an intact 

gastrointestinal tract nor are they 

anticipated to penetrate intact human 

skin. Inhalation exposure is not 

expected. Because of their inability to 

enter systemic circulation when used as 

inert ingredients in pesticide 

formulation PFAEAA are essentially 

nontoxic. Therefore, the Agency 

concluded that a standard battery of 

toxicological studies are not necessary. 


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B. Toxicological Points of Departure/ 

Levels of Concern 

Due to its low potential hazard and 

lack of a hazard endpoint, the Agency 

has determined that a quantitative risk 

assessment using safety factors applied 

to a point of departure protective of an 

identified hazard endpoint is not 

appropriate. 

A reverse mutation assay ‘‘Ames Test’’ 

with and without activation 

(Harmonized Test Guideline 870.5100) 

indicated that a representative chemical, 

diethylaminoethanol, ethoxylated, 

reaction products with fatty acid trimers 

(CAS Reg. No. 1173188–81–2), is nonmutagenic and based on the available 

information on PFAEAAs; they are not 

anticipated to be carcinogenic. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses and drinking water. In 

evaluating dietary exposure to PFAEAA, 

EPA considered exposure under the 

proposed exemption from the 

requirement of a tolerance. The primary 

route of exposure to PFAEAA from its 

use as an inert ingredient in pesticide 

products would most likely be through 

consumption of food to which pesticide 

products containing it have been 

applied, and possibly through drinking 

water (from runoff). Due to their 

physical and chemical properties it is 

unlikely that PFAEAA will pass through 

an intact gastrointestinal tract or intact 

human skin and are therefore, unlikely 

to enter systemic circulation. Because 

no hazard was identified for PFAEAA, 

a dietary exposure assessment for 

PFAEAA was not conducted. 

2. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure 

(e.g., textiles (clothing and diapers), 

carpets, swimming pools, and hard 

surface disinfection on walls, floors, 

tables). 

The proposed exemption will allow 

for various types of residential 

exposure; however, due to the 

characteristics of these chemicals it is 

not expected that PFAEAA will be 

absorbed through the intact 

gastrointestinal tract or intact human 

skin nor is it expected to be available 

via inhalation. Therefore, there is no 

increased risk from exposure to 

residential products containing 

PFAEAA as an inert ingredient. For that 

reason the Agency believes a residential 

risk assessment is not necessary. 

3. Cumulative effects from substances 

with a common mechanism of toxicity. 

Section 408(b)(2)(D)(v) of FFDCA 

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

EPA has not found PFAEAA to share 

a common mechanism of toxicity with 

any other substances, and PFAEAA does 

not appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this tolerance action, 

therefore, EPA has assumed that 

PFAEAA does not have a common 

mechanism of toxicity with other 

substances. For information regarding 

EPA’s efforts to determine which 

chemicals have a common mechanism 

of toxicity and to evaluate the 

cumulative effects of such chemicals, 

see EPA’s Web site at http:// 

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

Due to large size of the PFAEAA 

polymers it is unlikely that they will 

enter systemic circulation from either 

the gastrointestinal tract or intact 

human skin. As a result, they are 

unlikely to elicit a toxic response in 

infants and children when used as an 

inert ingredient in pesticide products. 

Available toxicity studies confirm this 

belief and indicate low toxicity; 

therefore, the Agency did not use a 

safety factor (SF) analysis for assessing 

risk. For similar reasons, the additional 

SF for the protection of infants and 

children is not necessary. 

E. Aggregate Risks and Determination of 

Safety 

As indicated in Unit IV, these 

nonirritant (eye and skin) inert 

ingredients would be incapable of 

entering systemic circulation and 

therefore, unable to elicit a toxic 

response in adults and infants/children. 

Taking into consideration all available 

information on PFAEAA, EPA has 

determined that there is a reasonable 

certainty that no harm to any population 

subgroup will result from aggregate 

exposure to PFAEAA under reasonable 

foreseeable circumstances. Therefore, 

the establishment of an exemption from 

tolerance under 40 CFR 180.910 and 

180.930 for residues of PFAEAA when 

used as an inert ingredient in pesticide 

formulations applied to growing crops 

or to raw agricultural commodities after 

harvest and formulations applied to 

animals are 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 PFAEAA. 

VI. Conclusions 

Therefore, an exemption from the 

requirement of a tolerance is established 

under 40 CFR 180.910 and 40 CFR 

180.930 for the petitioned-for PFAEAA 

chemicals when used as an inert 

ingredient (surfactant) in pesticide 

formulations applied to growing crops 

or to raw agricultural commodities after 

harvest and formulations applied to 

animals. 

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 


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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). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 7, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.910, the table is amended 

by adding alphabetically the following 

inert ingredients to read as follows: 

§ 180.910 Inert ingredients used pre-natal 

and post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

Diethylaminoethanol, ethoxylated, reaction product with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–72–1)............................ Surfactant. 

Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number 

average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–75–4).

........................... Surfactant. 

Diethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–81–2)............................ Surfactant. 

Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number 

average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–83–4).

........................... Surfactant. 

* * * * * * * 

Dimethylaminoethanol, ethoxylated, reaction products with fatty acid dimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–38–9).

........................... Surfactant. 

Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–42–5)............................ Surfactant. 

Dimethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–49–2).

........................... Surfactant. 

Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–67–4)............................ Surfactant. 

* * * * * * * 

Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid dimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–00–8).

........................... Surfactant. 

Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum 

number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–06–4).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid dimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–20–2).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–22–4............................ Surfactant. 

Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–09–7).

........................... Surfactant. 

Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum 

number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–17–7).

........................... Surfactant. 


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8900 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Rules and Regulations 

Inert ingredients Limits Uses 

Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–25–7).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–28–0)............................ Surfactant. 

* * * * * * * 

■ 3. In § 180.930, the table is amended 

by adding alphabetically the following 

inert ingredients to read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

Inert ingredients Limits Uses 

*******

Diethylaminoethanol, ethoxylated, reaction product with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–72–1)............................ Surfactant. 

Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number 

average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–75–4).

........................... Surfactant. 

Diethylaminoethanol, ethoxylated, reaction products with acid trimers, minimum number average molecular 

weight (in amu), 1,200 (CAS Reg. No. 1173188–81–2).

........................... Surfactant. 

Diethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number 

average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–83–4).

........................... Surfactant. 

* * * * * * * 

Dimethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–38–9).

........................... Surfactant. 

Dimethylaminoethanol, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–42–5)............................ Surfactant. 

Dimethylaminoethanol, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–49–2).

........................... Surfactant. 

Dimethylaminoethanol, ethoxylated, propoxylated reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–67–4 )............................ Surfactant. 

* * * * * * * 

Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid dimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–00–8).

........................... Surfactant. 

Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum 

number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–06–4).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid dimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–20–2).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid dimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–22–4)............................ Surfactant. 

Hydroxyethylmorpholine, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–09–7).

........................... Surfactant. 

Hydroxyethylmorpholine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum 

number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173188–67–4).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, reaction products with fatty acid trimers, minimum number average 

molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–25–7).

........................... Surfactant. 

Hydroxyethylpiperidine, ethoxylated, propoxylated, reaction products with fatty acid trimers, minimum number average molecular weight (in amu), 1,200 (CAS Reg. No. 1173189–28–0)............................ Surfactant. 

* * * * * * * 

[FR Doc. 2011–3400 Filed 2–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 


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