Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations 64673 

16The contrast between the economic value of a 

sound recording and the economic value of 

administrative services is instructive in this regard. 

Administrative services, like any private services or 

goods, are priced in a market at a level that permits 

the seller to recover at least its average variable cost 

of providing those services. By contrast, the 

marginal cost of producing an additional copy of a 

sound recording is essentially zero, so the 

determination of the price for the sound recording, 

on the supply side, is influenced by that economic 

fact (and by the recurring sinking of long-term costs 

to create the recording and the need to provide an 

incentive for the creation of future sound 

recordings). Noncommercial webcasters might have 

been able to argue for a different or lower royalty 

rate based on this economic argument, but the 

Judges cannot apply this principle to the valuation 

of a service, such as the provision of administrative 

functions that, like all private goods or services, are 

provided at a positive marginal cost. 

17Pursuant to 17 U.S.C. 114(f)(2)(B), the Judges 

can identify and then account for those differences 

in the ‘‘nature of the use of sound recordings’’ that 

would support a different rate or term. 

18 ‘‘Small’’ and ‘‘Very Small’’ noncommercial 

webcasters would obtain a free ride under the IBS 

proposal because they receive benefits from 

SoundExchange’s administrative services. As 

explained by Mr. McCrady, rather than having to 

negotiate licenses with individual copyright owners 

in a market without a statutory license, 

noncommercial webcasters enjoy ‘‘one-stop 

shopping’’ for rights to all recordings at a preestablished price. McCrady WDT at 11. 

19The Judges do not rely upon Mr. McCrady’s 

testimony regarding the nature of the use of the 

sound recordings by academic institutions. He 

testified that the $500 minimum fee is appropriate 

because it provides an important educational 

message for students regarding the value of 

recorded music and the need to pay for it. 5/18/10 

Tr. at 23 (McCrady). Mr. McCrady did not purport 

to be an educator, he did not claim any direct 

knowledge of the scope or content of the 

educational work undertaken by academic 

institutions that authorize their students to play 

sound recordings, and SoundExchange did not 

proffer evidence to indicate that Mr. McCrady 

possessed the competency to testify as to any 

relationship between the educational mission of 

these institutions and the establishment of a 

minimum fee. Although such a ‘‘message’’ might 

well be appropriate as part of an economics or 

business school class or internship, that message 

might not be part of the curriculum in a music or 

communications class or internship. Further, a 

student’s understanding of the economic issues 

regarding the pricing of sound recordings cannot be 

imparted in such an ad hoc manner. 

finances of smaller webcasters is the 

reference by Capt. Kass to the survey 

performed ‘‘back aways’’ that 

supposedly showed that IBS members 

had an average annual operating budget 

of $9,000. Kass (Pre-Remand) WDT at ¶ 

9. IBS did not offer that purported 

survey into evidence. Without 

documentary evidence that would allow 

the Judges to assess the validity of the 

survey, the Judges cannot accept Capt. 

Kass’s reference to that survey as 

evidence. See 37 CFR 351.l0(e). 

Moreover, assuming arguendo the 

Judges could accept such a casual 

reference as probative, the assertion 

would not advance IBS’s case. On its 

face, an assertion that the average 

operating budget for IBS members is 

$9,000 does not establish that its 

members lack the capacity to make a 

minimum payment of $500. 

Third, the evidence strongly suggests 

that the ATH cutoffs that IBS proposed 

for ‘‘Small’’ and ‘‘Very Small’’ 

noncommercial webcasters are arbitrary. 

It appears that, for these proposed 

smaller categories, IBS chose ATH 

levels that represent 10% and 4%, 

respectively, of the ATH cutoff (159,400 

ATH) for all noncommercial webcasters 

contained in SoundExchange’s rate 

proposal. IBS’s Restated Rate Proposal 

(June 1, 2010). Nothing in the record 

substantiates these ATH levels as 

probative of the ability, vel non, of a 

noncommercial webcaster to pay a $500 

minimum fee. 

Fourth, even if there were a sufficient 

basis in the record to conclude that 

‘‘Small’’ and/or ‘‘Very Small’’ 

noncommercial webcasters were unable 

to pay a $500 minimum fee, that alone 

would not demonstrate that a willing 

seller in a hypothetical marketplace 

would be prepared to offer a lower 

minimum fee. That proposition is 

particularly dubious in this proceeding 

given the evidence in the record 

(discussed supra) that SoundExchange’s 

average annual administrative cost 

exceeds $500 per station or channel. 

Fifth, the particular economic 

circumstances of the academic 

webcasters represented by IBS are 

germane only to the determination of 

the statutory royalty rate that they are 

required to pay—a royalty 

determination previously rendered by 

the Judges and affirmed by the D.C. 

Circuit. Indeed, the prior Determination 

by the Judges, affirmed by the D.C. 

Circuit, acknowledged the 

appropriateness of lower rates for 

noncommercial webcasters compared to 

the rates set for commercial webcasters. 

The issue at hand on this remand is 

different—whether there should be a 

distinction regarding the minimum 

fee—not the royalty rate—among 

different groups within the category of 

noncommercial webcasters.16

Finally, the testimony of the IBS 

witnesses regarding the nature of the 

use of sound recordings 17 by academic 

institutions is not pertinent to the 

setting of the minimum fee based on 

SoundExchange’s administrative costs. 

That is, payment of a minimum fee of 

zero, and indeed any minimum fee 

significantly below SoundExchange’s 

actual administrative costs, would 

provide a webcaster with an unjustified 

free ride 18 in terms of the cost of 

administering the license, because 

SoundExchange incurs that cost 

regardless of the nature of the use of the 

sound recording.19

IV. Conclusion 

For the foregoing reasons, developed 

from a de novo review of the record, the 

Judges conclude that the $500 minimum 

fee proposed by SoundExchange for all 

noncommercial webcasters for the 

license term 2006 through 2010 is 

appropriate and consistent with the 

relevant willing buyer/willing seller 

statutory standard. The Judges hereby 

expressly adopt the same minimum fee 

as set forth in the Final Determination 

published on May 1, 2007, and the 

Order on Remand. See 37 CFR 

380.3(b)(2). The Judges also conclude 

that IBS failed to support the zero 

minimum fee that it proposed for subcategories of noncommercial 

webcasters, either with relevant 

evidence or economic analysis 

consistent with the applicable statutory 

standard. 

September 17, 2014. 

So Ordered. 

Suzanne M. Barnett, 

Chief United States Copyright Royalty Judge. 

David R. Strickler, 

United States Copyright Royalty Judge. 

Jesse M. Feder, 

United States Copyright Royalty Judge. 

Dated: October 22, 2014. 

Suzanne M. Barnett, 

Chief United States Copyright Royalty Judge. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2014–25971 Filed 10–30–14; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0467; FRL–9917–03] 

AAAPD and AAASD; Tolerance 

Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of a-alkyl 

(minimum C6 linear, branched, 

saturated and/or unsaturated)-whydroxypolyoxyethylene polymer with 

or without polyoxypropylene, mixture 

of di- and monohydrogen phosphate 

esters and the corresponding 

ammonium, calcium, magnesium, 

monoethanolamine, potassium, sodium, 

and zinc salts of the phosphate esters; 

minimum oxyethylene content is 2 


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moles; minimum oxypropylene content 

is 0 moles, herein referred to as alkyl 

alcohol alkoxylate phosphate 

derivatives (AAAPD) and a-alkyl(C6- 

C15)-whydroxypoly(oxyethylene)sulfate, and 

its ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts, 

poly(oxyethylene) content averages 2–4 

moles, herein referred to alkyl alcohol 

alkoxylate sulfate derivatives (AAASD) 

to include Chemical Abstract Service 

Registry Numbers listed in the 

Supplementary Information when used 

as an inert ingredient in a pesticide 

chemical formulation. Spring Trading 

Company, LLC., on behalf of Croda Inc. 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of alkyl alcohol alkoxylate 

phosphate and sulfate derivatives on 

food or feed commodities. 

DATES: This regulation is effective 

October 31, 2014. Objections and 

requests for hearings must be received 

on or before December 30, 2014, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0467, is 

available at http://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 http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, 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 http://

www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. 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–2014–0467 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 December 30, 2014. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (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– 

2014–0467, by one of the following 

methods. 

• Federal eRulemaking Portal: http:// 

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 http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

II. Petition for Exemption 

In the Federal Register of July 29, 

2009 (74 FR 37571) (FRL–8424–6), EPA 

issued a Final Rule, announcing the 

establishment of a tolerance exemption 

pursuant to a pesticide petition (PP 

9E7533) by the Joint Inerts Task Force 

(JITF) Cluster Support Team Number 2 

(CST 2) c/o CropLife America, 1156 

15th Street NW., Suite 400, Washington, 

DC 20005. The petition requested that 

40 CFR 180.910, 40 CFR 180.920, and 40 

CFR 180.930 be amended by 

establishing exemptions from the 

requirement of a tolerance for residues 

of a group of substances known as alkyl 

alcohol alkoxylate phosphate and 

sulfate derivatives. The exemptions 

narratively describe the subject 

chemical as a-alkyl (minimum C6 

linear, branched, saturated and/or 

unsaturated)-w-hydroxypolyoxyethylene 

polymer with or without 

polyoxypropylene, mixture of di- and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; minimum oxyethylene 

content is 2 moles; minimum 

oxypropylene content is 0 moles and aalkyl (C6–C15)-w 

hydroxypoly(oxyethylene)sulfate, and 

its ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts, 

poly(oxyethylene) content averages 2–4 

moles. 

In the Federal Register of August 20, 

2010 (75 FR 51382) (FRL–8836–5), EPA 

issued a Final Rule, announcing the 

establishment of a tolerance exemption 

pursuant to a pesticide petition (PP 

9E7628) by the JITF CST 2 c/o CropLife 

America, 1156 15th Street NW., Suite 

400, Washington, DC 20005. The 

petition requested that 40 CFR 180.910 

and 40 CFR 180.930 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of a group of substances known as 

AAAPD. 

In the Federal Register of February 

21, 2014 (79 FR 9856) (FRL–9906–24) 

EPA issued a Final Rule, announcing 


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the establishment of a tolerance 

exemption pursuant to a pesticide 

petition (PP 2E8092) by JITF CST2, c/o 

Huntsman Corp., 8600 Gosling Rd., The 

Woodlands, TX 77381. The petition 

requested that 40 CFR 180.910 and 40 

CFR 180.930 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of a group of substances known as 

AAAPD and AAASD. 

The current petition seeks to expand 

the exemptions for AAAPD and AAASD 

by adding additional chemicals 

identified by CAS Reg. Nos. in the 

Federal Register of September 5, 2014 

(79 FR 53012) (FRL–9914–98), EPA 

issued a document pursuant to FFDCA 

section 408, 21 U.S.C. 346a, announcing 

the receipt of a pesticide petition (PP 

IN–10690) filed by Spring Trading 

Company, LLC., 10805 W. Timberwagon 

Circle, Spring, Texas 77380 on behalf of 

Croda Inc., 315 Cherry Lane, New 

Castle, DE 19720 for post-harvest use on 

agricultural crops under 40 CFR 

§ 180.910 and when applied to animals 

under 40 CFR 180.930 for the following 

used as surfactants not to exceed 30% 

of pesticide formulation to include CAS 

Reg. No. 3694–74–4, 37281–86–0, 9086– 

52–6, 51325–10–1, 52019–38–2, 52019– 

38–2, 58206–38–5, 58857–49–1, 62482– 

61–5, 63887–54–7, 66020–37–9, 66281– 

20–7, 68332–75–2, 68400–75–9, 70844– 

96–1, 78041–18–6, 82465–25–6, 84843– 

37–8, 95014–34–9, 99924–51–3, 

120913–45–3, 123339–53–7, 129208– 

04–4, 144336–75–4, 146815–57–8, 

151688–56–1, 15826–16–1, 159704–69– 

5, 172027–16–6, 172274–69–0, 176707– 

42–9, 181963–82–6, 188741–55–1, 

191940–53–1, 210993–53–6, 25446–78– 

0, 27731–61–9, 290348–69–5, 290348– 

70–8, 340681–28–9, 422563–26–6, 

522613–09–8, 55901–67–2, 61894–66–4, 

63428–85–3, 65104–74–7, 65122–38–5, 

67762–19–0, 67762–21–4, 67923–90–4, 

68611–29–0, 717140–06–2, 717140–09– 

5, 717827–29–7, 762245–80–7, 762245– 

81–8, 866538–89–8, 866538–90–1, 

913068–96–9, 1087209–87–7, 1174313– 

54–2, 119432–41–6, 1205632–03–6, 

1233235–49–8, 1451002–50–8, 

1456802–88–2, 1456802–89–3, 

1456803–12–5, and 219756–63–5. That 

document included a summary of the 

petition prepared by the petitioner, 

which is available in the docket, http:// 

www.regulations.gov, and solicited 

comments on the petitioner’s request. 

The Agency did not receive any 

comments. 

Based upon review of the data 

supporting the petition, EPA has 

confirmed that the requested CAS Reg. 

Nos. are acceptable for consideration 

under the currently approved 

descriptor. This limitation is based on 

the Agency’s risk assessment which can 

be found at http://www.regulations.gov 

in document PP 2E8092 entitled ‘‘Alkyl 

Alcohol Alkoxylate Phosphate and 

Sulfate Derivatives (Multiple CAS #s): 

Request to amend existing tolerance 

exemptions under 40 CFR 180.910 and 

180.930’’ in docket ID number EPA– 

HQ–OPP–2012–0862. 

III. Risk Assessment and Statutory 

Findings 

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. 

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 exemption is ‘‘safe.’’ 

Section 408(c)(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 

use 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 an 

exemption from the requirement of 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 . . .’’ and specifies 

factors EPA is to consider in 

establishing an exemption. 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be shown 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 FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action and considered its validity, 

completeness and reliability and the 

relationship of this information 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. In the 

case of certain chemical substances that 

are defined as polymers, the Agency has 

established a set of criteria to identify 

categories of polymers expected to 

present minimal or no risk. 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). EPA has sufficient data to 

assess the hazards of and to make a 

determination on aggregate exposure for 

AAAPD and AAASD including 

exposure resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with AAAPD and AAASD 

follows. 

The Agency agrees with the petitioner 

that CAS Reg. No.: 3694–74–4, 37281– 

86–0, 9086–52–6, 51325–10–1, 52019– 

38–2, 52019–38–2, 58206–38–5, 58857– 

49–1, 62482–61–5, 63887–54–7, 66020– 

37–9, 66281–20–7, 68332–75–2, 68400– 

75–9, 70844–96–1, 78041–18–6, 82465– 

25–6, 84843–37–8, 95014–34–9, 99924– 

51–3, 120913–45–3, 123339–53–7, 

129208–04–4, 144336–75–4, 146815– 

57–8, 151688–56–1, 15826–16–1, 

159704–69–5, 172027–16–6, 172274– 

69–0, 176707–42–9, 181963–82–6, 

188741–55–1, 191940–53–1, 210993– 

53–6, 25446–78–0, 27731–61–9, 

290348–69–5, 290348–70–8, 340681– 

28–9, 422563–26–6, 522613–09–8, 

55901–67–2, 61894–66–4, 63428–85–3, 

65104–74–7, 65122–38–5, 67762–19–0, 

67762–21–4, 67923–90–4, 68611–29–0, 

717140–06–2, 717140–09–5, 717827– 


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29–7, 762245–80–7, 762245–81–8, 

866538–89–8, 866538–90–1, 913068– 

96–9, 1087209–87–7, 1174313–54–2, 

119432–41–6, 1205632–03–6, 1233235– 

49–8, 1451002–50–8, 1456802–88–2, 

1456802–89–3, 1456803–12–5, and 

219756–63–5 are AAAPD and AAASD 

similar to those present in the existing 

exemption. In 2009, in establishing the 

exemption for the AAAPD and AAASD, 

EPA assessed their safety generally 

using worst case exposure assumptions 

(74 FR 37571) (FRL–8424–6). EPA 

concluded that that assessment showed 

that exempting AAAPD and AAASD 

from the requirement from a tolerance 

would be safe. Inclusion of additional 

chemicals described above in the risk 

assessment for the AAAPD and AAASD 

would in no way alter that prior risk 

assessment given the generic findings 

on toxicity and the worst case exposure 

assumptions used in that risk 

assessment. Accordingly, based on the 

findings in that earlier rule, EPA has 

determined that there is a reasonable 

certainty that no harm to any population 

subgroup, including infants and 

children, will result from aggregate 

exposure to AAAPD and AAASD, by 

including the additional chemicals 

described above, under reasonably 

foreseeable circumstances. Therefore, 

the amendment of an exemption from 

tolerance under 40 CFR 180.910 and 

180.930, for residues of AAAPD and 

AAASD to include the chemicals 

described above is safe under FFDCA 

section 408. 

IV. 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 

United Nation 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 AAAPD and AAASD. 

V. Conclusions 

Therefore, an exemption from the 

requirement of a tolerance is established 

under 40 CFR 180.910 and 180.930 for 

AAAPD and AAASD when used as an 

inert ingredient for post-harvest use on 

agricultural crops under 40 CFR 180.910 

and when applied to animals under 40 

CFR 180.930 used as surfactants not to 

exceed 30% of pesticide formulation. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these rules 

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 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) (15 U.S.C. 272 

note). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), 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 FFDCA section 408(n)(4). 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, or otherwise have any unique 

impacts on local governments. 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) (2 U.S.C. 1501 et seq.). 

Although this action does not 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), EPA seeks to achieve 

environmental justice, the fair treatment 

and meaningful involvement of any 

group, including minority and/or lowincome populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. As such, to the 

extent that information is publicly 

available or was submitted in comments 

to EPA, the Agency considered whether 

groups or segments of the population, as 

a result of their location, cultural 

practices, or other factors, may have 

atypical or disproportionately high and 

adverse human health impacts or 

environmental effects from exposure to 

the pesticide discussed in this 

document, compared to the general 

population. 

VII. 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 

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. 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations 64677 

Dated: October 24, 2014. 

Susan Lewis, 

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 revising 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 

*******

a-alkyl(C6- C15)-w-hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2–4 moles (CAS Reg. 

Nos.: 3088–31–1, 3694–74–4, 9004–82–4, 9004–84–6, 9021–91–4, 9086–52–6, 13150–00–0, 

15826–16–1, 25446–78–0, 26183–44–8, 27140–00–7, 27731–62–0, 32612–48–9, 34431–25–9, 

35015–74–8, 50602–06–7, 52286–18–7, 52286–19–8, 54116–08–4, 55901–67–2, 61702–79–2, 

61894–66–4, 62755–21–9, 63428–85–3, 63428–86–4, 63428–87–5, 65086–57–9, 65086–79–5, 

65104–74–7, 65122–38–5, 67674–66–2, 67762–19–0, 67762–21–4, 67845–82–3, 67845–83–4, 

67923–90–4, 68037–05–8, 68037–06–9, 68171–41–5, 68424–50–0, 68511–39–7, 68585–34–2, 

68610–66–2, 68611–29–0, 68611–55–2, 68649–53–6, 68890–88–0, 68891–29–2, 68891–30–5, 

68891–38–3, 69011–37–6, 73665–22–2, 75422–21–8, 78330–16–2, 78330–17–3, 78330–25–3, 

78330–26–4, 78330–27–5, 78330–28–6, 78330–29–7, 78330–30–0, 96130–61–9, 106597–03– 

9, 110392–50–2, 119432–41–6, 125301–88–4, 125301–89–5, 125301–92–0, 125736–54–1, 

157707–85–2, 160104–51–8, 160901–27–9, 160901–28–0, 160901–29–1, 160901–30–4, 

161025–28–1, 161074–79–9, 162063–19–6, 219756–63–5).

Not to exceed 30% of formulation.Surfactants, related adjuvants 

of surfactants. 

*******

a-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-w-hydroxypolyoxyethylene 

polymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters 

and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles (CAS Reg. Nos.: 9004–80–2, 9046–01–9, 26982–05–8, 

31800–89–2, 37280–82–3, 37281–86–0, 39341–09–8, 39341–65–6, 39464–66–9, 39464–69–2, 

42612–52–2, 50643–20–4, 50668–50–3, 51325–10–1, 51884–64–1, 52019–36–0, 57486–09–6, 

58206–38–5, 58318–92–6, 58857–49–1, 59112–71–9, 60267–55–2, 61837–79–4, 62362–49–6, 

62482–61–5, 63747–86–4, 63887–54–7, 63887–55–8, 66020–37–9, 66272–25–1, 66281–20–7, 

67711–84–6, 67786–06–5, 67989–06–4, 68070–99–5, 68071–17–0, 68071–35–2, 68071–37–4, 

68130–44–9, 68130–45–0, 68130–46–1, 68130–47–2, 68186–29–8, 68186–34–5, 68186–36–7, 

68186–37–8, 68238–84–6, 68311–02–4, 68311–04–6, 68332–75–2, 68389–72–0, 68400–75–9, 

68413–78–5, 68425–73–0, 68425–75–2, 68439–39–4, 68458–48–0, 68511–15–9, 68511–36–4, 

68511–37–5, 68551–05–3, 68585–15–9, 68585–16–0, 68585–17–1, 68585–36–4, 68585–39–7, 

68603–24–7, 68607–14–7, 68610–64–0, 68610–65–1, 68649–29–6, 68649–30–9, 68650–84–0, 

68815–11–2, 68855–46–9, 68856–03–1, 68890–90–4, 68890–91–5, 68891–12–3, 68891–13–4, 

68891–26–9, 68908–64–5, 68909–65–9, 68909–67–1, 68909–69–3, 68921–24–4, 68921–60–8, 

68954–87–0, 68954–88–1, 68954–92–7, 68987–35–9, 69029–43–2, 69980–69–4, 70247–99–3, 

70248–14–5, 70844–96–1, 70903–63–8, 71965–23–6, 71965–24–7, 72480–27–4, 72623–67–7, 

72623–68–8, 72828–56–9, 72828–57–0, 73018–34–5, 73038–25–2, 73050–08–5, 73050–09–6, 

73361–29–2, 73378–71–9, 73378–72–0, 73559–42–9, 73559–43–0, 73559–44–1, 73559–45–2, 

74499–76–6, 76930–25–1, 78041–18–6, 78330–22–0, 78330–24–2, 82465–25–6, 84843–37–8, 

91254–26–1, 93925–54–3, 95014–34–9, 96416–89–6, 99924–51–3, 103170–31–6, 103170– 

32–7, 106233–09–4, 106233–10–7, 108818–88–8, 110392–49–9, 111798–26–6, 111905–50– 

1, 116671–23–9, 117584–36–8, 119415–05–3, 120913–45–3, 121158–61–0, 121158–63–2, 

123339–53–7, 125139–13–1, 125301–86–2, 125301–87–3, 126646–03–5, 129208–04–4, 

129870–77–5, 129870–80–0, 130354–37–9, 136504–88–6, 143372–50–3, 143372–51–4, 

144336–75–4, 146815–57–8, 151688–56–1, 154518–39–5, 154518–40–8, 155240–11–2, 

159704–69–5, 160498–49–7, 160611–24–5, 171543–66–1, 172027–16–6, 172274–69–0, 

176707–42–9, 181963–82–6, 188741–55–1, 191940–53–1, 210493–60–0, 210993–53–6, 

246159–55–7, 251298–11–0, 261627–68–3, 290348–69–5, 290348–70–8, 317833–96–8, 

340681–28–9 , 422563–19–7, 422563–26–6, 522613–09–8, 717140–06–2, 717140–09–5, 

717827–29–7, 762245–80–7, 762245–81–8, 866538–89–8, 866538–90–1, 873662–29–4, 

913068–96–9, 936100–29–7, 936100–30–0, 1072943–56–6, 1087209–87–7, 1174313–54–2, 

1187742–89–7, 1187743–35–6, 1205632–03–6, 1233235–49–8, 1451002–50–8, 1456802–88– 

2, 1456802–89–3, 1456803–12–5).

Not to exceed 30% of formulation.Surfactants, related adjuvants 

of surfactants. 

*******

■ 3. In § 180.930, the table is amended 

by revising the following inert 

ingredients to read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

* * * * * 


rmajette on DSK2VPTVN1PROD with RULES
64678 Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Rules and Regulations 

Inert ingredients Limits Uses 

*******

a-alkyl (minimum C6 linear, branched, saturated and/or unsaturated)-w-hydroxypolyoxyethylene 

polymer with or without polyoxypropylene, mixture of di- and monohydrogen phosphate esters 

and the corresponding ammonium, calcium, magnesium, monoethanolamine, potassium, sodium, and zinc salts of the phosphate esters; minimum oxyethylene content is 2 moles; minimum oxypropylene content is 0 moles, (CAS Reg. Nos.: 9004–80–2, 9046–01–9, 26982–05–8, 

31800–89–2, 37280–82–3, 37281–86–0, 39341–09–8, 39341–65–6, 39464–66–9, 39464–69–2, 

42612–52–2, 50643–20–4, 50668–50–3, 51325–10–1, 51884–64–1, 52019–36–0, 52019–38–2, 

52019–38–2, 57486–09–6, 58206–38–5, 58318–92–6, 58857–49–1, 59112–71–9, 60267–55–2, 

61837–79–4, 62362–49–6, 62482–61–5, 63747–86–4, 63887–54–7, 63887–55–8, 66020–37–9, 

66272–25–1, 66281–20–7, 67711–84–6, 67786–06–5, 67989–06–4, 68070–99–5, 68071–17–0, 

68071–35–2, 68071–37–4, 68130–44–9, 68130–45–0, 68130–46–1, 68130–47–2, 68186–29–8, 

68186–34–5, 68186–36–7, 68186–37–8, 68238–84–6, 68311–02–4, 68311–04–6, 68332–75–2, 

68389–72–0, 68400–75–9, 68413–78–5, 68425–73–0, 68425–75–2, 68439–39–4, 68458–48–0, 

68511–15–9, 68511–36–4, 68511–37–5, 68551–05–3, 68585–15–9, 68585–16–0, 68585–17–1, 

68585–36–4, 68585–39–7, 68603–24–7, 68607–14–7, 68610–64–0, 68610–65–1, 68649–29–6, 

68649–30–9, 68650–84–0, 68815–11–2, 68855–46–9, 68856–03–1, 68890–90–4, 68890–91–5, 

68891–12–3, 68891–13–4, 68891–26–9, 68908–64–5, 68909–65–9, 68909–67–1, 68909–69–3, 

68921–24–4, 68921–60–8, 68954–87–0, 68954–88–1, 68954–92–7, 68987–35–9, 69029–43–2, 

69980–69–4, 70247–99–3, 70248–14–5, 70844–96–1, 70903–63–8, 71965–23–6, 71965–24–7, 

72480–27–4, 72623–67–7, 72623–68–8, 72828–56–9, 72828–57–0, 73018–34–5, 73038–25–2, 

73050–08–5, 73050–09–6, 73361–29–2, 73378–71–9, 73378–72–0, 73559–42–9, 73559–43–0, 

73559–44–1, 73559–45–2, 74499–76–6, 76930–25–1, 78041–18–6, 78330–22–0, 78330–24–2, 

82465–25–6, 84843–37–8, 91254–26–1, 93925–54–3, 95014–34–9, 96416–89–6, 99924–51–3, 

103170–31–6, 103170–32–7, 106233–09–4, 106233–10–7, 108818–88–8, 110392–49–9, 

111798–26–6, 111905–50–1, 116671–23–9, 117584–36–8, 119415–05–3, 120913–45–3, 

121158–61–0, 121158–63–2, 123339–53–7, 125139–13–1, 125301–86–2, 125301–87–3, 

126646–03–5, 129208–04–4, 129870–77–5, 129870–80–0, 130354–37–9, 136504–88–6, 

143372–50–3, 143372–51–4, 144336–75–4, 146815–57–8, 151688–56–1, 154518–39–5, 

154518–40–8, 155240–11–2, 159704–69–5, 160498–49–7, 160611–24–5, 171543–66–1, 

172027–16–6, 172274–69–0, 176707–42–9, 181963–82–6, 188741–55–1, 191940–53–1, 

210493–60–0, 210993–53–6, 246159–55–7, 251298–11–0, 261627–68–3, 290348–69–5, 

290348–70–8, 317833–96–8, 340681–28–9, 422563–19–7, 422563–26–6, 522613–09–8, 

717140–06–2, 717140–09–5, 717827–29–7, 762245–80–7, 762245–81–8, 866538–89–8, 

866538–90–1, 873662–29–4, 913068–96–9, 936100–29–7, 936100–30–0, 1072943–56–6, 

1087209–87–7, 1174313–54–2, 1187742–89–7, 1187743–35–6, 1205632–03–6, 1233235–49– 

8, 1451002–50–8, 1456802–88–2, 1456802–89–3, 1456803–12–5).

Not to exceed 30% of formulation.Surfactants, related adjuvants 

of surfactants. 

* * * * * * * 

a-alkyl(C6- C15)-w-hydroxypoly(oxyethylene)sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and zinc salts, poly(oxyethylene) content averages 2–4 moles (CAS Reg. 

Nos.: 3088–31–1, 3694–74–4, 9004–82–4, 9004–84–6, 9021–91–4, 9086–52–6, 13150–00–0, 

15826–16–1, 25446–78–0, 26183–44–8, 27140–00–7, 27731–61–9, 27731–61–9, 27731–62–0, 

32612–48–9, 34431–25–9, 35015–74–8, 50602–06–7, 52286–18–7, 52286–19–8, 54116–08–4, 

55901–67–2, 61702–79–2, 61894–66–4, 62755–21–9, 63428–85–3, 63428–86–4, 63428–87–5, 

65086–57–9, 65086–79–5, 65104–74–7, 65122–38–5, 67674–66–2, 67762–19–0, 67762–21–4, 

67845–82–3, 67845–83–4, 67923–90–4, 68037–05–8, 68037–06–9, 68171–41–5, 68424–50–0, 

68511–39–7, 68585–34–2, 68610–66–2, 68611–29–0, 68611–55–2, 68649–53–6, 68890–88–0, 

68891–29–2, 68891–30–5, 68891–38–3, 69011–37–6, 73665–22–2, 75422–21–8, 78330–16–2, 

78330–17–3, 78330–25–3, 78330–26–4, 78330–27–5, 78330–28–6, 78330–29–7, 78330–30–0, 

96130–61–9, 106597–03–9, 110392–50–2, 119432–41–6, 125301–88–4, 125301–89–5, 

125301–92–0, 125736–54–1, 157707–85–2, 160104–51–8, 160901–27–9, 160901–28–0, 

160901–29–1, 160901–30–4, 161025–28–1, 161074–79–9, 162063–19–6, 219756–63–5).

Not to exceed 30% of formulation.Surfactants, related adjuvants 

of surfactants. 

*******

[FR Doc. 2014–25949 Filed 10–30–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R06–RCRA–2014–0366; FRL–9918– 

56–Region 6] 

Arkansas: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The State of Arkansas has 

applied to the EPA for final 

authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). EPA has determined that 

these changes satisfy all requirements 

needed to qualify for Final 

authorization, and is authorizing the 

State’s changes through this direct final 

action. The EPA is publishing this rule 

to authorize the changes without a prior 

proposal because we believe this action 

is not controversial and do not expect 

comments that oppose it. Unless we 

receive written comments which oppose 

this authorization during the comment 

period, the decision to authorize 

Arkansas’ changes to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action, we will publish a document in 

the Federal Register withdrawing this 

rule before it takes effect, and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to authorize the changes. 

DATES: This final authorization will 

become effective on December 30, 2014 

unless the EPA receives adverse written 

comment by December 1, 2014. If the 

EPA receives such comment, it will 

publish a timely withdrawal of this 

direct final rule in the Federal Register 

and inform the public that this 

authorization will not take effect. 

ADDRESSES: Submit your comments by 

one of the following methods: 


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