Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 34045 

List of Subjects in 40 CFR Part 174 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 1, 2010. 

Steven Bradbury, 

Acting Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 174—[AMENDED] 

■ 1. The authority citation for part 174 

continues to read as follows: 

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

■ 2. Add § 174.532 to subpart W to read 

as follows: 

§ 174.532 Bacillus thuringiensis eCry3.1Ab 

protein in corn; temporary exemption from 

the requirement of a tolerance. 

Residues of Bacillus thuringiensis 

eCry3.1Ab protein in corn, in or on the 

food and feed commodities of corn; 

corn, field; corn, sweet; and corn, pop 

are exempt temporarily from the 

requirement of a tolerance when 

Bacillus thuringiensis eCry3.1Ab 

protein in corn is used as a plantincorporated protectant in accordance 

with the terms of Experimental Use 

Permit 67979-EUP-8. This temporary 

exemption from the requirement of a 

tolerance expires and is revoked on June 

1, 2012. 

[FR Doc. 2010–14330 Filed 6–15–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0739; FRL–8825–2] 

Sodium 1,4-Dialkyl Sulfosuccinates; 

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 sodium 1,4- 

dialkyl sulfosuccinates including 

sodium 1,4-dihexyl sulfosuccinate (CAS 

Reg. No. 3006–15–3); sodium 1,4- 

diisobutyl sulfosuccinate (CAS Reg. No. 

127–39–9); and sodium 1,4-dipentyl 

sulfosuccinate (CAS Reg. No. 922–80–5) 

when used as an inert ingredient in 

pesticide formulations for pre-harvest 

and post-harvest uses, as well as, for 

application to animals under 40 CFR 

180.910 and 40 CFR 180.930, 

respectively. The Joint Inerts Task Force 

(JITF), Cluster Support Team 13 

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 the 

sodium 1,4-dialkyl sulfosuccinates. 

DATES: This regulation is effective June 

16, 2010. Objections and requests for 

hearings must be received on or before 

August 16, 2010, 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–2008–0739. 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: 

Karen Samek, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8825; e-mail address: 

samek.karen@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 cite at http:// 

www.gpoaccess.gov/ecfr. To access the 

OPPTS harmonized test guidelines 

referenced in this document 

electronically, please go to http:// 

www.epa.gov/oppts and select ‘‘Test 

Methods and Guidelines.’’ 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. The EPA procedural 

regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0739 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before August 16, 2010. 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 that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit your 

copies, identified by docket ID number 

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34046 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 

EPA–HQ–OPP–2008–0739, 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 March 19, 

2010 (75 FR 13277) (FRL–8813–2), EPA 

issued a notice pursuant to section 408 

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

the filing of a pesticide petition (PP 

9E7647) by the Joint Inerts Task Force, 

Cluster Support Team 13, EPA 

Company Number 84949, c/o CropLife 

America, 1156 15th St., NW., Suite 400, 

Washington, DC 20005. The petition 

requested that 40 CFR 180.910 and 40 

CFR 180.930 be amended by 

establishing exemptions from the 

requirement of a tolerances for residues 

of sodium 1,4-dialkyl sulfosuccinates 

including sodium 1,4-dihexyl 

sulfosuccinate (CAS Reg. No. 3006–15– 

3); sodium 1,4-diisobutyl sulfosuccinate 

(CAS Reg. No. 127–39–9); and sodium 

1,4-dipentyl sulfosuccinate (CAS Reg. 

No. 922–80–5) when used as inert 

ingredients in pesticide formulations for 

pre-harvest and post-harvest uses, as 

well as, for application to animals. For 

ease of reading this document the 

sodium 1,4-dialkyl sulfosuccinates will 

be referred to as SDSS. That notice 

referenced a summary of the petition 

prepared by the Joint Inerts Task Force 

(JITF), Cluster Support Team Number 13 

(CST 13), the petitioner, which is 

available in the docket, http:// 

www.regulations.gov. No comments 

were received in the docket. However, 

the Agency received one comment by email. The comment was received from 

a private citizen who opposed the 

authorization to sell any pesticide that 

leaves a residue on food. The Agency 

understands the commenter’s concerns 

and recognizes that some individuals 

believe that no residue of pesticides 

should be allowed. However, under the 

existing legal framework provided by 

section 408 of the FFDCA EPA is 

authorized to establish pesticide 

tolerances or exemptions where persons 

seeking such tolerances or exemptions 

have demonstrated that the pesticide 

meets the safety standard imposed by 

that statute. 

EPA previously published a final rule 

to establish a tolerance for SDSS under 

40 CFR 180.920 in the Federal Register 

of July 8, 2009 (74 FR 32433) (FRL– 

8423–3). That final rule established a 

tolerance exemption for SDSS when 

used as an inert ingredient in pesticide 

formulations applied to growing crops 

only. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

and emulsifiers. The term ‘‘inert’’ is not 

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue....’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

appreciable risks to human health. In 

order to determine the risks from 

aggregate exposure to pesticide inert 

ingredients, the Agency considers the 

toxicity of the inert in conjunction with 

possible exposure to residues of the 

inert ingredient through food, drinking 

water, and through other exposures that 

occur as a result of pesticide use in 

residential settings. If EPA is able to 

determine that a finite tolerance is not 

necessary to ensure that there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

inert ingredient, an exemption from the 

requirement of a tolerance may be 

established. 

Consistent with section 408(c)(2)(A) 

of FFDCA, and the factors specified in 

FFDCA section 408(c)(2)(B), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for SDSS including 

exposure resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with SDSS 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. 

SDSS have moderate to low acute oral 

toxicity and low dermal acute toxicity. 

There was no hazard identified in a 

combined repeat dose rat reproductive/ 

developmental screening study at the 

limit dose of 1,000 milligrams/kilogram/ 

day (mg/kg/day) to either parental 

animals or their offspring. There is no 

concern for neurotoxicity, 

immunotoxicity or carcinogenicity for 

SDSS. 

Specific information on the studies 

received and the nature of any observed 

effects caused by SDSS as well as the 

no-observed-adverse-effect-level 

(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the 

toxicity studies can be found at http:// 

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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 34047 

www.regulations.gov in the document 

‘‘Sodium 1,4-Dialkyl Sulfosuccinates 

(JITF CST 13 Inert Ingredients). Human 

Health Risk Assessment to Support 

Proposed Exemption from the 

Requirement of a Tolerance When Used 

as Inert Ingredients in Pesticide 

Formulations’’ pages 6–8 in docket ID 

number EPA–HQ–OPP–2008–0739. 

B. Toxicological Points of Departure/ 

Levels of Concern 

Once a pesticide’s toxicological 

profile is determined, EPA identifies 

toxicological points of departure (POD) 

and levels of concern to use in 

evaluating the risk posed by human 

exposure to the pesticide. For hazards 

that have a threshold below which there 

is no appreciable risk, the toxicological 

POD is used as the basis for derivation 

of reference values for risk assessment. 

PODs are developed based on a careful 

analysis of the doses in each 

toxicological study to determine the 

dose at which no adverse effects are 

observed (the NOAEL) and the lowest 

dose at which adverse effects of concern 

are identified (the LOAEL). Uncertainty/ 

safety factors are used in conjunction 

with the POD to calculate a safe 

exposure level – generally referred to as 

a population-adjusted dose (PAD) or a 

reference dose (RfD) – and a safe margin 

of exposure (MOE). For non-threshold 

risks, the Agency assumes that any 

amount of exposure will lead to some 

degree of risk. Thus, the Agency 

estimates risk in terms of the probability 

of an occurrence of the adverse effect 

expected in a lifetime. For more 

information on the general principles 

EPA uses in risk characterization and a 

complete description of the risk 

assessment process, see http:// 

www.epa.gov/pesticides/factsheets/ 

riskassess.htm. 

There was no hazard identified in a 

combined repeated dose toxicity study 

with the reproduction/developmental 

toxicity screening test in rats with SDSS 

at the limit dose of 1,000 mg/kg/day to 

either parental animals or their 

offspring. Thus, due to their low 

potential hazard and lack of a hazard 

endpoint, the Agency has determined 

that a quantitative risk assessment using 

safety factors applied to a POD 

protective of an identified hazard 

endpoint is not appropriate. 

No mutagenicity, genotoxicity, or 

chronic toxicity data have been located 

for any of the SDSS. However, no 

structural alerts for genotoxicity or 

carcinogenicity were identified in a 

qualitative structure activity 

relationship (SAR) database, DEREK 

Version 11. In addition, data for similar 

compounds showed they are not 

mutagenic or carcinogenic. The primary 

alcohol mammalian metabolites of SDSS 

have been shown to be negative in the 

in vitro Ames test. Furthermore, a 

structurally similar compound that is 

also used as an inert ingredient, sodium 

dioctyl sulfosuccinate (CAS Reg. No. 

577–11–7) was not mutagenic, or 

carcinogenic in a chronic rat study or a 

tumor promotion study. Based on the 

above, SDSS are not expected to be 

carcinogenic. 

C. Exposure Assessment 

1. Dietary exposure from food and 

feed uses and drinking water. Since an 

endpoint for risk assessment was not 

identified, an exposure assessment for 

SDSS was not conducted. Any possible 

dietary exposure of SDSS from their use 

as inert ingredients in pesticide 

products would be through 

consumption of food to which pesticide 

products containing SDSS have been 

applied and through drinking water 

(from runoff). 

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). 

Since an endpoint for risk assessment 

was not identified, a quantitative 

residential exposure assessment for 

SDSS was not conducted. Residential 

exposures to SDSS may occur as a result 

of the use of pesticide products 

containing SDSS as inert ingredients 

(such as antimicrobial hard surface 

cleaners) as well as from other, 

nonpesticidal, residential use products 

containing SDSS. 

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 SDSS to share a 

common mechanism of toxicity with 

any other substances, and SDSS does 

not appear to produce a toxic metabolite 

produced by other substances. For the 

purposes of this tolerance action, 

therefore, EPA has assumed that SDSS 

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 website at http:// 

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold (10X) margin of safety 

for infants and children in the case of 

threshold effects to account for prenatal 

and postnatal toxicity and the 

completeness of the database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. This additional margin of 

safety is commonly referred to as the 

Food Quality Protection Act Safety 

Factor (FQPA SF). In applying this 

provision, EPA either retains the default 

value of 10X, or uses a different 

additional safety factor when reliable 

data available to EPA support the choice 

of a different factor. 

The toxicity database for SDSS is 

adequate for FQPA assessment and the 

potential exposure is adequately 

characterized given the low toxicity of 

the chemical. There was no hazard 

identified in a combined repeat dose rat 

reproductive/developmental screening 

study at the limit dose of 1,000 mg/kg/ 

day to either parental animals or their 

offspring. There is no concern for 

neurotoxicity, immunotoxicity or 

carcinogenicity for SDSS. 

Based on this information, there is no 

concern, at this time, for increased 

sensitivity to infants and children to 

SDSS when used as inert ingredients in 

pesticide formulations for pre-harvest 

and post-harvest uses, as well as for 

application to animals, therefore a safety 

factor analysis has not been used to 

assess risk. For the same reason, EPA 

has determined that an additional safety 

factor is not needed to protect the safety 

of infants and children. 

E. Aggregate Risks and Determination of 

Safety 

Given the lack of concern for hazard 

posed by SDSS, EPA concludes that 

there are no dietary or aggregate dietary/ 

non-dietary risks of concern as a result 

of exposure to SDSS in food and water 

or from residential exposure. 

Taking into consideration all available 

information on SDSS, EPA has 

determined that there is a reasonable 

certainty that no harm to any population 

subgroup will result from aggregate 

exposure to SDSS under reasonable 

foreseeable circumstances. Therefore, 

the establishment of an exemption from 

tolerance under 40 CFR 180.910 and 40 

CFR 180.930 for residues of sodium 1,4- 

dialkyl sulfosuccinates including 

sodium 1,4-dihexyl sulfosuccinate (CAS 

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34048 Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 

Reg. No. 3006–15–3); sodium 1,4- 

diisobutyl sulfosuccinate (CAS Reg. No. 

127–39–9); and sodium 1,4-dipentyl 

sulfosuccinate (CAS Reg. No. 922–80–5) 

when used as an inert ingredient in 

pesticide formulations for pre-harvest 

and post-harvest uses, as well as, for 

application to animals, 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 

The Agency is not aware of any 

country requiring a tolerance for SDSS 

nor have any CODEX Maximum Residue 

Levels been established for any food 

crops at this time. 

VI. Conclusions 

Therefore, an exemption from the 

requirement of a tolerance is established 

under 40 CFR 180.910 and 40 CFR 

180.930 for sodium 1,4-dialkyl 

sulfosuccinates including sodium 1,4- 

dihexyl sulfosuccinate (CAS Reg. No. 

3006–15–3); sodium 1,4-diisobutyl 

sulfosuccinate (CAS Reg. No. 127–39– 

9); and sodium 1,4-dipentyl 

sulfosuccinate (CAS Reg. No. 922–80–5) 

when used as an inert ingredient in 

pesticide formulations for pre-harvest 

and post-harvest uses, as well as, for 

application 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 

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 exemptions in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

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: May 28, 2010. 

Daniel J. Rosenblatt, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.910, the table is amended 

by adding alphabetically the following 

inert ingredients to read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert Ingredients Limits Uses 

* * * * * * * 

Sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006–15– 

3).

........................................................... Surfactants, related adjuvants of 

surfactants 

Sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127– 

39–9).

........................................................... Surfactants, related adjuvants of 

surfactants 

Sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922–80– 

5).

........................................................... Surfactants, related adjuvants of 

surfactants 

* * * * * * * 

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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 / Rules and Regulations 34049 

* * * * * ■ 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 

* * * * * * * 

Sodium 1,4-dihexyl sulfosuccinate (CAS Reg. No. 3006–15– 

3).

........................................................... Surfactants, related adjuvants of 

surfactants 

Sodium 1,4-diisobutyl sulfosuccinate (CAS Reg. No. 127– 

39–9).

........................................................... Surfactants, related adjuvants of 

surfactants 

Sodium 1,4-dipentyl sulfosuccinate (CAS Reg. No. 922–80– 

5).

........................................................... Surfactants, related adjuvants of 

surfactants 

* * * * * * * 

* * * * * 

[FR Doc. 2010–14093 Filed 6–15–10; 8:45 am] 

BILLING CODE 6560–50–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–786; MB Docket No. 05–10; RM– 

11279] 

FM Table of Allotments (The Dalles, 

Tualatin, Eugene, Albany, Lebanon, 

Paisley, and Diamond Lake, Oregon 

and Goldendale, WA) 

AGENCY: Federal Communications 

Commission 

ACTION: Final rule; dismissal of petition 

for reconsideration. 

SUMMARY: The Audio Division dismisses 

a Petition for Reconsideration jointly 

filed by Portland Broadcasting, LLC 

(‘‘Portland Broadcasting’’), licensee of 

Station KXPC–FM, Channel 279C, 

Lebanon, Oregon, Bicoastal Media 

Licenses IV, LLC (‘‘Bicoastal’’), licensee 

of Station KACI–FM, Channel 249C2, 

The Dalles, Oregon, and Station 

KMSW(FM), Channel 224C3, The 

Dalles, Oregon, and Extra Mile Media, 

Inc., licensee of Station KHPE(FM), 

Channel 300C, Albany, Oregon, 

collectively (the ‘‘Joint Petitioners’’). In 

this regard, Portland Broadcasting, 

Columbia Gorge Broadcasters, Inc., 

M.S.W Communications, LLC, Bicoastal, 

and Extra Media, Inc. (the ‘‘Joint 

Parties’’) filed a Motion to Dismiss the 

Petition for Reconsideration. The Joint 

Parties’ Motion to Dismiss the Petition 

for Reconsideration contained a 

Settlement Agreement between 

Cumulus and the Joint Parties. In 

accordance with Section 1.420(j) of the 

Commission’s Rules, we are granting the 

Joint Parties’ Motion to Dismiss. In 

doing so, we approve the Settlement 

Agreement. The Joint Parties will 

collectively and individually receive 

payments that are less than their 

respective legitimate and prudent 

expenses incurred in connection with 

the preparation, filing and advocacy of 

the Counterproposal. Each party filed a 

declaration in accordance with Section 

1.420(j), containing an itemization of its 

respective legal, engineering and other 

legitimate and prudent expenses. The 

Joint Parties and Cumulus each state in 

its respective declaration that aside from 

the Settlement Agreement, neither 

respective licensee nor any of its 

members, officers, or employees is a 

party to any agreement, written or oral, 

that will require the respective licensee 

to pay or receive any monies or provide 

or receive any other consideration from 

or to the existing and former licensee for 

the actions described in each respective 

declaration. 

ADDRESSES: Federal Communications 

Commission, 445 12th Street, SW., 

Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Memorandum Opinion and Order, MB 

Docket No. 05–10, adopted May 21, 

2010, and released May 24, 2010. The 

full text of this Commission document 

is available for inspection and copying 

during normal business hours in the 

FCC Reference Information Center 

(Room CY–A257), 445 12th Street, SW., 

Washington, DC. 

The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW, Room CY–B402, Washington, DC 

20554, 800–378–3160 or via the 

company’s website, <http:// 

www.bcpiweb.com>. 

The Commission will not send a copy 

of this Memorandum Opinion and 

Order pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A), 

because the aforementioned petition for 

reconsideration was dismissed. 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

List of Subjects in 47 CFR Part 73 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, 

Audio Division, 

Media Bureau. 

[FR Doc. 2010–14512 Filed 6–15–10– 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 080228326–0108–03] 

RIN 0648–AW30 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Skate Complex Fishery; Amendment 3 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

mstockstill on DSKH9S0YB1PROD with RULES