6092 Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 

■ 3. In § 17.5, revise paragraph (a) to 

read as follows: 

§ 17.5 Complaint. 

(a) The Center with principal 

jurisdiction over the matter involved 

shall begin all administrative civil 

money penalty actions by serving on the 

respondent(s) a complaint signed by the 

Office of the Chief Counsel attorney for 

the Center and by filing a copy of the 

complaint with the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. For a civil 

money penalty action against retailers of 

tobacco products, the complaint may be 

signed by any Agency employee 

designated by the Chief Counsel. 

* * * * * 

Dated: January 28, 2014. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2014–02150 Filed 1–31–14; 8:45 am] 

BILLING CODE 4160–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0210; FRL–9394–2] 

αlpha-Alkyl-w-Hydroxypoly 

(Oxypropylene) and/or Poly 

(Oxyethylene) Polymers Where the 

Alkyl Chain Contains a Minimum of Six 

Carbons etc.; 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 a-alkyl-whydroxypoly (oxypropylene) and/or 

poly (oxyethylene) polymers where the 

alkyl chain contains a minimum of six 

carbons, and a-alkyl-w-hydroxypoly 

(oxypropylene) and/or poly 

(oxyethylene) polymers where the alkyl 

chain contains a minimum of six 

carbons and a minimum number 

average molecular weight (in amu) 1,100 

(hereinafter referred to as ‘‘AAAs’’ (alkyl 

alcohol alkoxylates) when used as an 

inert ingredient as a surfactant in 

pesticide formulations in growing crops 

without limitations. Akzo Nobel Surface 

Chemistry submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

amendment to an existing requirement 

of a tolerance. This regulation 

eliminates the need to establish a 

maximum permissible level for residues 

of AAAs. 

DATES: This regulation is effective 

February 3, 2014. Objections and 

requests for hearings must be received 

on or before April 4, 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–2013–0210, 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), EPA West 

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: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; 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://

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

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

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2013–0210 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 4, 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 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–2013–0210, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• 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 August 5, 

2009 (74 FR 38935) (FRL–8430–1), EPA 

issued a final rule, announcing the 

establishment of a tolerance exemption 

pursuant to a pesticide petition (PP 

9E7534) by The Joint Inerts Task Force 

(JITF), Cluster Support Team Number 1 

(CST1), c/o CropLife America, 1156 

15th Street NW., Suite 400, Washington, 

DC 20005. The petition requested that 

40 CFR 180.910, 40 CFR 180.930, 40 

CFR 180.940a, and 40 CFR 180.960 be 


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Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 6093 

amended by establishing exemptions 

from the requirement of a tolerance for 

residues of a group of substances known 

as AAAs. The exemptions narratively 

describe the subject chemical as a-alkylw-hydroxypoly (oxypropylene) and/or 

poly (oxyethylene) polymers where the 

alkyl chain contains a minimum of six 

carbons and specify the individual 

chemicals covered by the exemptions by 

a listing of CAS Reg. Nos. The current 

petition seeks to expand these 

exemptions by adding additional 

chemicals identified by the CAS Reg. 

No. 

In the Federal Register of July 19, 

2013 (78 FR 43118) (FRL–9392–9), EPA 

issued a notice pursuant to section 408 

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

the filing of a pesticide petition (IN– 

10544) by Spring Trading Company, 

10805 W. Timberwagon Cir., Spring, TX 

77380–4030, on behalf of Akzo Nobel 

Surface Chemistry, LLC, 525 West Van 

Buren, Chicago, IL 60607–3823. The 

petition requested that 40 CFR 180.920, 

40 CFR 180.930, and 40 CFR 180.960 be 

amended by modifying the exemption 

from the requirement of a tolerance for 

residues of AAAs by adding residues of 

additional chemicals of a-alkyl-whydroxypoly (oxypropylene) and/or 

poly(oxyethylene) polymers where the 

alkyl chain contains a minimum of six 

carbons, and a-alkyl-w-hydroxypoly 

(oxypropylene) and/or poly 

(oxyethylene) polymers where the alkyl 

chain contains a minimum of six 

carbons, minimum number average 

molecular weight (in AMU) 1,100 in or 

on growing crops at no limitation when 

used as an inert ingredient in pesticide 

formulations. That notice referenced a 

summary of the petition prepared by 

Akzo Nobel Surface Chemistry, the 

petitioner, which is available in the 

docket, http://www.regulations.gov. 

Comments were received on the notice 

of filing. A public comment noted that 

the requested 40 CFR sections, 180.920, 

180.930, or 180.960 were not all the 

correct sections for AAAs. The 

petitioner agreed and resubmitted their 

request. 

In the Federal Register of September 

12, 2013 (78 FR 56187) (FRL–9399–7), 

EPA issued a notice pursuant to section 

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

announcing the filing of a pesticide 

petition (IN–10544) by Spring Trading 

Company, 10805 W. Timberwagon Cir., 

Spring, TX 77380–4030, on behalf of 

Akzo Nobel Surface Chemistry, LLC, 

525 West Van Buren, Chicago, IL 

60607–3823. The petition requested that 

40 CFR 180.910, 40 CFR 180.930, 40 

CFR 180.940(a) and 40 CFR 180.960 be 

amended by modifying the exemption 

from the requirement of a tolerance for 

residues of AAAs to include CAS Reg. 

No.: 9004–87–9; 9035–85–2; 9038–29–3; 

9038–43–1; 9040–05–5; 9046–09–7; 

25190–05–0; 25231–21–4; 26401–47–8; 

26403–74–7; 26636–39–5; 27252–75–1; 

37311–00–5; 37311–01–6; 37311–04–9; 

39278–93–8; 50861–66–0; 52232–09–4; 

57455–38–6; 57497–74–2; 59112–62–8; 

62648–50–4; 63303–00–4; 63303–01–5; 

63658–45–7; 63793–60–2; 64415–24–3; 

64415–25–4; 64425–86–1; 65104–72–5; 

65150–81–4; 67254–71–1; 67763–08–0; 

67784–96–7; 68238–81–3; 68238–82–4; 

68409–58–5; 68409–59–6; 68439–30–5; 

68439–48–5; 68439–53–2; 68526–95–4; 

68603–20–3; 68920–69–4; 68954–94–9; 

68987–90–6; 68991–48–0; 69227–20–9; 

70955–07–6; 70955–69–0; 71011–10–4; 

72066–65–0; 72108–90–8; 72484–69–6; 

73018–31–2; 74432–13–6; 74499–34–6; 

79771–03–2; 102782–43–4; 103331–86– 

8; 103657–84–7; 103657–85–8; 103819– 

03–0; 116810–32–3; 116810–33–4; 

120944–68–5; 121617–09–2; 126646– 

02–4; 126950–62–7; 139381–39–8; 

139626–71–4; 152231–44–2; 154518– 

36–2; 157627–88–8; 157707–41–0; 

157707–43–2; 159653–49–3; 160901– 

09–7; 160901–19–9; 160901–20–2; 

161025–21–4; 161025–22–5; 176022– 

76–7; 287935–46–0; 288095–59–0; 

288260–45–7; 303176–75–2; and 

954108–36–2 when used as an inert 

ingredient in pesticide formulations 

applied to growing crops without 

limitations. That notice referenced a 

summary of the petition prepared by 

Akzo Nobel Surface Chemistry, the 

petitioner, which is available in the 

docket, http://www.regulations.gov. 

Comments were received on the notice 

of filing. EPA’s response to these 

comments is discussed in Unit V.C. 

In this petition, Akzo Nobel Surface 

Chemistry claims that the chemicals 

CAS Reg. No.; 9004–87–9; 9035–85–2; 

9038–29–3; 9038–43–1; 9040–05–5; 

9046–09–7; 25190–05–0; 25231–21–4; 

26401–47–8; 26403–74–7; 26636–39–5; 

27252–75–1; 37311–00–5; 37311–01–6; 

37311–04–9; 39278–93–8; 50861–66–0; 

52232–09–4; 57455–38–6; 57497–74–2; 

59112–62–8; 62648–50–4; 63303–00–4; 

63303–01–5; 63658–45–7; 63793–60–2; 

64415–24–3; 64415–25–4; 64425–86–1; 

65104–72–5; 65150–81–4; 67254–71–1; 

67763–08–0; 67784–96–7; 68238–81–3; 

68238–82–4; 68409–58–5; 68409–59–6; 

68439–30–5; 68439–48–5; 68439–53–2; 

68526–95–4; 68603–20–3; 68920–69–4; 

68954–94–9; 68987–90–6; 68991–48–0; 

69227–20–9; 70955–07–6; 70955–69–0; 

71011–10–4; 72066–65–0; 72108–90–8; 

72484–69–6; 73018–31–2; 74432–13–6; 

74499–34–6; 79771–03–2; 102782–43–4; 

103331–86–8; 103657–84–7; 103657– 

85–8; 103819–03–0; 116810–32–3; 

116810–33–4; 120944–68–5; 121617– 

09–2; 126646–02–4; 126950–62–7; 

139381–39–8; 139626–71–4; 152231– 

44–2; 154518–36–2; 157627–88–8; 

157707–41–0; 157707–43–2; 159653– 

49–3; 160901–09–7; 160901–19–9; 

160901–20–2; 161025–21–4; 161025– 

22–5; 176022–76–7; 287935–46–0; 

288095–59–0; 288260–45–7; 303176– 

75–2; and 954108–36–2 are covered by 

the published tolerance exemption for 

AAAs and that no further data or review 

is required to amend the existing 

tolerance exemption to include the 

additional CAS Reg. Nos. 

Based upon review of the data 

supporting the petition, EPA has 

confirmed that most of the originally 

requested CAS Reg. Nos. are acceptable 

for consideration under the currently 

approved descriptor. However, several 

of the originally requested compounds 

have aromatic components or have an 

alkyl chain too short or contain an ester 

which do not fit within the AAA 

descriptor, are not acceptable, and EPA 

is denying that portion of the petition. 

CAS Reg. Nos 9004–87–9, 9046–09–7, 

26401–47–8, 26403–74–7, 9278–93–8, 

57455–38–6, 57497–74–2, 63303–00–4, 

68987–90–6, 70955–69–0, and 288095– 

59–0 are denied because these 

compounds contain a phenyl group as 

part of their structure which is 

considered an aromatic component. 

These substances do not fall within the 

aliphatic descriptor and are not 

supported by the existing data. CAS 

Reg. No. 139381–39–8 is denied because 

its alkyl chain contains only four 

carbons (butyl group) which is too short 

to fit the AAA descriptor. CAS Reg No. 

67784–96–7 is denied because it 

contains an ester which is not included 

in the tolerance exemption descriptor. 

The cluster data is based on common 

chemical structures and the denied 

chemicals would not fit within the 

established category. This limitation is 

based on the Agency’s risk assessment 

which can be found at http://

www.regulations.gov in document IN– 

10544. Requesting to Amend the 

Exemption from the Requirement of a 

Tolerance for a-alkyl-w-hydroxypoly 

(oxypropylene) and/or poly 

(oxyethylene) polymers where the alkyl 

chain contains a minimum of six 

carbons, and a-alkyl-w-hydroxypoly 

(oxypropylene) and/or poly 

(oxyethylene) polymers where the alkyl 

chain contains a minimum of six 

carbons and a minimum number 

average molecular weight (in amu) 

1,100, under 40 CFR 180.910, 180.930, 

180.940(a) or 180.960 in docket ID 

number EPA–HQ–OPP–2013–0210. 


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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 AAAs including 

exposure resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with AAAs follows. 

The Agency agrees with the petitioner 

that CAS Reg. No.: 9035–85–2; 9038– 

29–3; 9038–43–1; 9040–05–5; 25190– 

05–0; 25231–21–4; 26636–39–5; 27252– 

75–1; 37311–00–5; 37311–01–6; 37311– 

04–9; 50861–66–0; 52232–09–4; 59112– 

62–8; 62648–50–4; 63303–01–5; 63658– 

45–7; 63793–60–2; 64415–24–3; 64415– 

25–4; 64425–86–1; 65104–72–5; 65150– 

81–4; 67254–71–1; 67763–08–0; 68238– 

81–3; 68238–82–4; 68409–58–5; 68409– 

59–6; 68439–30–5; 68439–48–5; 68439– 

53–2; 68526–95–4; 68603–20–3; 68920– 

69–4; 68954–94–9; 68991–48–0; 69227– 

20–9; 70955–07–6; 71011–10–4; 72066– 

65–0; 72108–90–8; 72484–69–6; 73018– 

31–2; 74432–13–6; 74499–34–6; 79771– 

03–2;102782–43–4; 103331–86–8; 

103657–84–7; 103657–85–8; 103819– 

03–0; 116810–32–3; 116810–33–4; 

120944–68–5; 121617–09–2; 126646– 

02–4; 126950–62–7; 139626–71–4; 

152231–44–2; 154518–36–2; 157627– 

88–8; 157707–41–0; 157707–43–2; 

159653–49–3; 160901–09–7; 160901– 

19–9; 160901–20–2; 161025–21–4; 

161025–22–5; 176022–76–7; 287935– 

46–0; 288260–45–7; 303176–75–2; and 

954108–36–2 are AAAs each having 

molecular structures conforming to the 

chemical description given in the 

tolerance exemption expression, i.e., aalkyl-w-hydroxypoly (oxypropylene) 

and/or poly (oxyethylene) polymers 

where the alkyl chain contains a 

minimum of six carbons and which do 

not contain additional structural 

elements that are not included within 

the tolerance exemption expression 

description. In 2009, in establishing the 

exemption for the AAAs, EPA assessed 

their safety generally using worst case 

exposure assumptions. (74 FR 38935) 

(FRL–8430–1). EPA concluded that that 

assessment showed that exempting the 

AAAs from the requirement from a 

tolerance would be safe. Inclusion of 

additional chemicals described above in 

the risk assessment for the AAAs would 

in no way alter that prior risk 

assessment given the generic findings 

on toxicity and the worst case exposure 

assumptions used in that risk 

assessment. Accordingly, based on the 

findings in that earlier rule, EPA has 

determined that there is a reasonable 

certainty that no harm to any population 

subgroup, including infants and 

children, will result from aggregate 

exposure to AAAs, by including the 

additional chemicals described above, 

under reasonably foreseeable 

circumstances. Therefore, the 

amendment of an exemption from 

tolerance under 40 CFR 180.910, 

180.930, 180.940, and 180.960, for 

residues of AAAs to include the 

chemicals described above is safe under 

FFDCA section 408. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for AAAs. 

C. Response to Comments 

One comment was received for a 

notice of filing 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 


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Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 6095 

the Federal Food, Drug and Cosmetic 

Act (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 the 

statute. 

VI. Conclusions 

Therefore, the exemptions from the 

requirement of a tolerance under 40 CFR 

180.910, 180.930, 180.940a, and 180.960 

for AAAs when used as an inert 

ingredient as a surfactant in pesticide 

formulations applied to growing crops is 

amended to add the following CAS 

numbers: 9004–87–9; 9035–85–2; 9038– 

29–3; 9038–43–1; 9040–05–5; 9046–09– 

7; 25190–05–0; 25231–21–4; 26401–47– 

8; 26403–74–7; 26636–39–5; 27252–75– 

1; 37311–00–5; 37311–01–6; 37311–04– 

9; 39278–93–8; 50861–66–0; 52232–09– 

4; 57455–38–6; 57497–74–2; 59112–62– 

8; 62648–50–4; 63303–00–4; 63303–01– 

5; 63658–45–7; 63793–60–2; 64415–24– 

3; 64415–25–4; 64425–86–1; 65104–72– 

5; 65150–81–4; 67254–71–1; 67763–08– 

0; 67784–96–7; 68238–81–3; 68238–82– 

4; 68409–58–5; 68409–59–6; 68439–30– 

5; 68439–48–5; 68439–53–2; 68526–95– 

4; 68603–20–3; 68920–69–4; 68954–94– 

9; 68987–90–6; 68991–48–0; 69227–20– 

9; 70955–07–6; 70955–69–0; 71011–10– 

4; 72066–65–0; 72108–90–8; 72484–69– 

6; 73018–31–2; 74432–13–6; 74499–34– 

6; 79771–03–2; 102782–43–4; 103331– 

86–8; 103657–84–7; 103657–85–8; 

103819–03–0; 116810–32–3; 116810– 

33–4; 120944–68–5; 121617–09–2; 

126646–02–4; 126950–62–7; 139381– 

39–8; 139626–71–4; 152231–44–2; 

154518–36–2; 157627–88–8; 157707– 

41–0; 157707–43–2; 159653–49–3; 

160901–09–7; 160901–19–9; 160901– 

20–2; 161025–21–4; 161025–22–5; 

176022–76–7; 287935–46–0; 288095– 

59–0; 288260–45–7; 303176–75–2; and 

954108–36–2. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

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

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

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

VIII. Congressional Review Act 

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: January 17, 2014. 

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 revising the following inert 

ingredient to read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 


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6096 Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 

Inert ingredients Limits Uses 

*******

a-Alkyl-w-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl 

chain contains a minimum of six carbons (CAS Reg. No.: 9035–85–2; 9038–29–3; 9038– 

43–1; 9040–05–5; 25190–05–0; 25231–21–4; 26636–39–5; 27252–75–1; 37311–00–5; 

37311–01–6; 37311–04–9; 50861–66–0; 52232–09–4; 59112–62–8; 62648–50–4; 63303– 

01–5; 63658–45–7; 63793–60–2; 64415–24–3; 64415–25–4; 64425–86–1; 65104–72–5; 

65150–81–4; 67254–71–1; 67763–08–0; 68238–81–3; 68238–82–4; 68409–58–5; 68409– 

59–6; 68439–30–5; 68439–48–5; 68439–53–2; 68526–95–4; 68603–20–3; 68920–69–4; 

68954–94–9; 68991–48–0; 69227–20–9; 70955–07–6; 71011–10–4; 72066–65–0; 72108– 

90–8; 72484–69–6; 73018–31–2; 74432–13–6; 74499–34–6; 79771–03–2;102782–43–4; 

103331–86–8; 103657–84–7; 103657–85–8; 103819–03–0; 116810–32–3; 116810–33–4; 

120944–68–5; 121617–09–2; 126646–02–4; 126950–62–7; 139626–71–4; 152231–44–2; 

154518–36–2; 157627–88–8; 157707–41–0; 157707–43–2; 159653–49–3; 160901–09–7; 

160901–19–9; 160901–20–2; 161025–21–4; 161025–22–5; 176022–76–7; 287935–46–0; 

288260–45–7; 303176–75–2; 954108–36–2 

Surfactants, related adjuvants of 

surfactants. 

* * * * * * * 

■ 3. In § 180.930, the table is amended 

by revising the following inert 

ingredient to read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

a-Alkyl-w-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl 

chain contains a minimum of six carbons (CAS Reg. No.: 9035–85–2; 9038–29–3; 9038– 

43–1; 9040–05–5; 25190–05–0; 25231–21–4; 26636–39–5; 27252–75–1; 37311–00–5; 

37311–01–6; 37311–04–9; 50861–66–0; 52232–09–4; 59112–62–8; 62648–50–4; 63303– 

01–5; 63658–45–7; 63793–60–2; 64415–24–3; 64415–25–4; 64425–86–1; 65104–72–5; 

65150–81–4; 67254–71–1; 67763–08–0; 68238–81–3; 68238–82–4; 68409–58–5; 68409– 

59–6; 68439–30–5; 68439–48–5; 68439–53–2; 68526–95–4; 68603–20–3; 68920–69–4; 

68954–94–9; 68991–48–0; 69227–20–9; 70955–07–6; 71011–10–4; 72066–65–0; 72108– 

90–8; 72484–69–6; 73018–31–2; 74432–13–6; 74499–34–6; 79771–03–2;102782–43–4; 

103331–86–8; 103657–84–7; 103657–85–8; 103819–03–0; 116810–32–3; 116810–33–4; 

120944–68–5; 121617–09–2; 126646–02–4; 126950–62–7; 139626–71–4; 152231–44–2; 

154518–36–2; 157627–88–8; 157707–41–0; 157707–43–2; 159653–49–3; 160901–09–7; 

160901–19–9; 160901–20–2; 161025–21–4; 161025–22–5; 176022–76–7; 287935–46–0; 

288260–45–7; 303176–75–2; 954108–36–2 

Surfactants, related adjuvants of 

surfactants. 

* * * * * * * 

■ 4. In § 180.940, the table in paragraph 

(a) is amended by revising the following 

entry to read as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 

Pesticide chemical CAS Reg. No. Limits 

*******

a-Alkyl-w-hydroxypoly (oxypropylene) and/or poly 

(oxyethylene) polymers where the alkyl chain contains a minimum of six carbons.

9035–85–2; 9038–29–3; 9038–43–1; 9040–05–5; 25190–05–0; 25231–21–4; 

26636–39–5; 27252–75–1; 37311–00–5; 37311–01–6; 37311–04–9; 50861– 

66–0; 52232–09–4; 59112–62–8; 62648–50–4; 63303–01–5; 63658–45–7; 

63793–60–2; 64415–24–3; 64415–25–4; 64425–86–1; 65104–72–5; 65150– 

81–4; 67254–71–1; 67763–08–0; 68238–81–3; 68238–82–4; 68409–58–5; 

68409–59–6; 68439–30–5; 68439–48–5; 68439–53–2; 68526–95–4; 68603– 

20–3; 68920–69–4; 68954–94–9; 68991–48–0; 69227–20–9; 70955–07–6; 

71011–10–4; 72066–65–0; 72108–90–8; 72484–69–6; 73018–31–2; 74432– 

13–6; 74499–34–6; 79771–03–2;102782–43–4; 103331–86–8; 103657–84– 

7; 103657–85–8; 103819–03–0; 116810–32–3; 116810–33–4; 120944–68–5; 

121617–09–2; 126646–02–4; 126950–62–7; 139626–71–4; 152231–44–2; 

154518–36–2; 157627–88–8; 157707–41–0; 157707–43–2; 159653–49–3; 

160901–09–7; 160901–19–9; 160901–20–2; 161025–21–4; 161025–22–5; 

176022–76–7; 287935–46–0; 288260–45–7; 303176–75–2; 954108–36–2.


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 6097 

Pesticide chemical CAS Reg. No. Limits 

*******

* * * * * ■ 5. In § 180.960, the table is amended 

by revising the following entry to read 

as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*******

a-Alkyl-w-hydroxypoly (oxypropylene) and/or poly (oxyethylene) polymers where the alkyl chain contains a minimum of six carbons and a minimum number average molecular weight (in amu) 1,100.9035–85–2; 9038–29–3; 9038–43–1; 9040–05–5; 25190–05–0; 25231–21–4; 

26636–39–5; 27252–75–1; 37311–00–5; 37311–01–6; 37311–04–9; 50861– 

66–0; 52232–09–4; 59112–62–8; 62648–50–4; 63303–01–5; 63658–45–7; 

63793–60–2; 64415–24–3; 64415–25–4; 64425–86–1; 65104–72–5; 65150– 

81–4; 67254–71–1; 67763–08–0; 68238–81–3; 68238–82–4; 68409–58–5; 

68409–59–6; 68439–30–5; 68439–48–5; 68439–53–2; 68526–95–4; 68603– 

20–3; 68920–69–4; 68954–94–9; 68991–48–0; 69227–20–9; 70955–07–6; 

71011–10–4; 72066–65–0; 72108–90–8; 72484–69–6; 73018–31–2; 74432– 

13–6; 74499–34–6; 79771–03–2;102782–43–4; 103331–86–8; 103657–84–7; 

103657–85–8; 103819–03–0; 116810–32–3; 116810–33–4; 120944–68–5; 

121617–09–2; 126646–02–4; 126950–62–7; 139626–71–4; 152231–44–2; 

154518–36–2; 157627–88–8; 157707–41–0; 157707–43–2; 159653–49–3; 

160901–09–7; 160901–19–9; 160901–20–2; 161025–21–4; 161025–22–5; 

176022–76–7; 287935–46–0; 288260–45–7; 303176–75–2; 954108–36–2.

*******

[FR Doc. 2014–02203 Filed 1–31–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 130802673–4053–02] 

RIN 0648–BD49 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Revisions 

to Headboat Reporting Requirements 

for Species Managed by the Gulf of 

Mexico Fishery Management Council 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement management measures 

described in a framework action to the 

Fishery Management Plans for the Reef 

Fish Resources of the Gulf of Mexico 

(Gulf), as prepared by the Gulf of 

Mexico Fishery Management Council 

(Gulf Council); and Coastal Migratory 

Pelagic (CMP) Resources of the Gulf and 

South Atlantic Region, as prepared by 

the Gulf Council and the South Atlantic 

Fishery Management Council (South 

Atlantic Council) (Headboat Reporting 

Framework). This final rule modifies the 

recordkeeping and reporting 

requirements for headboat owners and 

operators who fish for species managed 

by the Gulf Council through the 

previously mentioned FMPs. These 

revisions require fishing records to be 

submitted electronically (via computer 

or internet) on a weekly basis or at 

intervals shorter than a week if notified 

by the NMFS’ Southeast Fisheries 

Science Center (SEFSC) Science and 

Research Director (SRD), and prohibit 

headboats from continuing to fish if 

they are delinquent in submitting 

reports. Additionally, this final rule 

includes two corrections to regulatory 

text. The purpose of this final rule is to 

obtain timelier fishing information from 

headboats to better monitor recreational 

annual catch limits (ACLs), improve 

stock assessments, and improve 

compliance with reporting in Gulf 

fisheries. 

DATES: This rule is effective March 5, 

2014. 

ADDRESSES: Electronic copies of the 

Headboat Reporting Framework, which 

includes an environmental assessment 

and a regulatory impact review, may be 

obtained from the Southeast Regional 

Office Web site at http:// 

sero.nmfs.noaa.gov. 

Comments regarding the burden-hour 

estimates or other aspects of the 

collection-of-information requirements 

contained in this final rule may be 

submitted in writing to Anik Clemens, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701; and OMB, by email at OIRA 

Submission@omb.eop.gov, or by fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, Southeast Regional Office, 

NMFS, telephone 727–824–5305; email: 

Rich.Malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Councils manage the fisheries for 

Gulf reef fish and Gulf and South 

Atlantic CMP under their respective 

FMPs. The FMPs were prepared by the 

Gulf and South Atlantic Councils and 

are implemented through regulations at 

50 CFR part 622 under the authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On October 25, 2013, NMFS 

published a proposed rule for the 

framework and requested public 

comment (78 FR 63946). The proposed 

rule and framework outline the rationale 

for the actions contained in this final 

rule. A summary of the actions 

implemented by this final rule is 

provided below. 

This final rule requires electronic 

reporting for headboat vessels in the 

Gulf reef fish and Gulf coastal migratory 

pelagic fisheries; increases the reporting 

frequency for headboat vessels in these 

fisheries; and prohibits headboats from 

continuing to fish if they are delinquent 

in submitting their reports. As 


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