10074 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

Participant’s benefits to Spouse as the 

alternate payee. Participant marries Spouse 2, 

and then they divorce. Participant’s 401(k) 

plan administrator subsequently receives a 

domestic relations order pertaining to Spouse 

2. The order assigns to Spouse 2 a portion of 

Participant’s 401(k) benefits not already 

allocated to Spouse 1. The second order does 

not fail to be a QDRO solely because the 

second order is issued after the plan 

administrator has determined that an earlier 

order pertaining to Spouse 1 is a QDRO. 

(c) Timing. (1) Subject to paragraph 

(d)(1) of this section, a domestic 

relations order shall not fail to be 

treated as a qualified domestic relations 

order solely because of the time at 

which it is issued. 

(2) The rule described in paragraph 

(c)(1) of this section is illustrated by the 

following examples: 

Example (1). Orders issued after death. 

Participant and Spouse divorce, and the 

administrator of Participant’s plan receives a 

domestic relations order, but the 

administrator finds the order deficient and 

determines that it is not a QDRO. Shortly 

thereafter, Participant dies while actively 

employed. A second domestic relations order 

correcting the defects in the first order is 

subsequently submitted to the plan. The 

second order does not fail to be treated as a 

QDRO solely because it is issued after the 

death of the Participant. 

Example (2). Orders issued after divorce. 

Participant and Spouse divorce. As a result, 

Spouse no longer meets the definition of 

‘‘surviving spouse’’ under the terms of the 

plan. Subsequently, the plan administrator 

receives a domestic relations order requiring 

that Spouse be treated as the Participant’s 

surviving spouse for purposes of receiving a 

death benefit payable under the terms of the 

plan only to a participant’s surviving spouse. 

The order does not fail to be treated as a 

QDRO solely because, at the time it is issued, 

Spouse no longer meets the definition of a 

‘‘surviving spouse’’ under the terms of the 

plan. 

Example (3). Orders issued after annuity 

starting date. Participant retires and 

commences benefit payments in the form of 

a straight life annuity, with respect to which 

Spouse waives the surviving spousal rights 

provided under the plan and section 205 of 

ERISA. Participant and Spouse divorce after 

Participant’s annuity starting date and 

present the plan with a domestic relations 

order providing for Spouse, as alternate 

payee, to receive half of the benefit payments 

that are made to Participant after a specified 

future date. Pursuant to paragraph (c)(1) of 

this section, the order does not fail to be a 

QDRO solely because it is issued after the 

annuity starting date. 

(d) Requirements and protections. (1) 

Any domestic relations order described 

in this section shall be subject to the 

same requirements and protections that 

apply to qualified domestic relations 

orders under section 206(d)(3) of ERISA. 

(2) The rule described in paragraph 

(d)(1) of this section is illustrated by the 

following examples: 

Example (1). Type or form of benefit. 

Participant and Spouse divorce, and their 

divorce decree provides that the parties will 

prepare a domestic relations order assigning 

50 percent of Participant’s benefits under a 

401(k) plan to Spouse to be paid in monthly 

installments over a ten-year period. Shortly 

thereafter, Participant dies while actively 

employed. A domestic relations order 

consistent with the decree is subsequently 

submitted to the 401(k) plan; however, the 

plan does not provide for ten-year 

installment payments of the type described 

in the order. Pursuant to paragraph (c)(1) of 

this section, the order does not fail to be 

treated as a QDRO solely because it is issued 

after the death of Participant, but the order 

would fail to be a QDRO under section 

206(d)(3)(D)(i) and paragraph (d)(1) of this 

section because the order requires the plan to 

provide a type or form of benefit, or any 

option, not otherwise provided under the 

plan. 

Example (2). Segregation of payable 

benefits. Participant and Spouse divorce, and 

the administrator of Participant’s plan 

receives a domestic relations order under 

which Spouse would begin to receive 

benefits immediately if the order is 

determined to be a QDRO. The plan 

administrator separately accounts for the 

amounts covered by the domestic relations 

order as is required under section 

206(d)(3)(H)(v) of ERISA. The plan 

administrator finds the order deficient and 

determines that it is not a QDRO. 

Subsequently, after the expiration of the 

segregation period pertaining to that order, 

the plan administrator receives a second 

domestic relations order relating to the same 

parties under which Spouse would begin to 

receive benefits immediately if the second 

order is determined to be a QDRO. 

Notwithstanding the expiration of the first 

segregation period, the amounts covered by 

the second order must be separately 

accounted for by the plan administrator for 

an 18-month period, in accordance with 

section 206(d)(3)(H) of ERISA and paragraph 

(d)(1) of this section. 

Example (3). Previously assigned benefits. 

Participant and Spouse divorce, and the 

administrator of Participant’s 401(k) plan 

receives a domestic relations order. The 

administrator determines that the order is a 

QDRO. The QDRO assigns a portion of 

Participant’s benefits to Spouse as the 

alternate payee. Participant marries Spouse 2, 

and then they divorce. Participant’s 401(k) 

plan administrator subsequently receives a 

domestic relations order pertaining to Spouse 

2. The order assigns to Spouse 2 a portion of 

Participant’s 401(k) benefits already assigned 

to Spouse 1. The second order does not fail 

to be treated as a QDRO solely because the 

second order is issued after the plan 

administrator has determined that an earlier 

order pertaining to Spouse 1 is a QDRO. The 

second order, however, would fail to be a 

QDRO under section 206(d)(3)(D)(iii) and 

paragraph (d)(1) of this section because it 

assigns all or a portion of Participant’s 

benefits that are already assigned to Spouse 

1 by the prior QDRO. 

Signed at Washington, DC, this 28th day of 

February, 2007. 

Bradford P. Campbell, 

Acting Assistant Secretary, Employee Benefits 

Security Administration, Department of 

Labor. 

[FR Doc. E7–3820 Filed 3–6–07; 8:45 am] 

BILLING CODE 4510–29–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0658; FRL–8116–9] 

Polymer of 2-Ethyl-2-(Hydroxymethyl)- 

1,3-Propanediol, Oxirane, 

Methyloxirane, 1,2-Epoxyalkanes; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

exemptions from the requirement of a 

tolerance for residues of polymer of 2- 

ethyl-2-(hydroxymethyl)-1,3- 

propanediol, oxirane, methyloxirane, 

1,2-epoxyalkanes; when used as inert 

ingredients in a pesticide chemical 

formulation. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), as amended by the Food 

Quality Protection Act of 1996 (FQPA) 

requesting an exemption from the 

requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3-propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes. 

DATES: This regulation is effective 

March 7, 2007. Objections and requests 

for hearings must be received on or 

before May 7, 2007, 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–2006–0658. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

web site to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 


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Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10075 

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 Drive, Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Bipin Gandhi, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8380; e-mail address: 

gandhi.bipin@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 Access Electronic Copies 

of This Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this ‘‘Federal Register’’ document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s pilot e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, 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–2006–0658 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before May 7, 2007. 

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 

EPA–HQ–OPP–2006–0658, 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 Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’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 telephone number is (703) 305–

5805. 

II. Background and Statutory Findings 

In the Federal Register of December 

20, 2006 (71 FR 76321) (FRL–8104–4), 

EPA issued a notice pursuant to section 

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

amended by the FQPA (Public Law 104–

170), announcing the filing of a 

pesticide petition (PP 6E7079) by BASF 

Corporation, 100 Campus Drive, 

Florham Park, NJ 07932. The petition 

requested that 40 CFR 180.960 be 

amended by establishing exemptions 

from the requirement of a tolerance for 

residues of polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3-propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes; CAS Reg. No. 903890–

89–1 when 1,2-epoxyalkane is 1,2- 

epoxydodecane; CAS Reg. No. 903890–

90–4 when 1,2-epoxyalkane is 1,2- 

epoxyhexadecane; and CAS Reg. No. 

893427–80–0 when 1,2-epoxyalkane is 

1,2-epoxyoctadecane. That notice 

included a summary of the petition 

prepared by the petitioner. There were 

no comments in response to the notice 

of filing. 

Section 408(c)(2)(A)(i) of the 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(c)(2)(A)(ii) of the 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 the 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. 

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; 


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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. Risk Assessment and Statutory 

Findings 

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 section 408(b)(2)(D) 

of the FFDCA, 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 that should 

present minimal or no risk. The 

definition of a polymer is given in 40 

CFR 723.250(b). The following 

exclusion criteria for identifying these 

low risk polymers are described in 40 

CFR 723.250(d). 

1. The polymers are not cationic 

polymers nor are they reasonably 

anticipated to become a cationic 

polymers in a natural aquatic 

environment. 

2. The polymers do contain as an 

integral part of its composition the 

atomic elements carbon, hydrogen, and 

oxygen. 

3. The polymers do not contain as an 

integral part of its composition, except 

as impurities, any element other than 

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

4. The polymers are neither designed 

nor can they be reasonably anticipated 

to substantially degrade, decompose, or 

depolymerize. 

5. The polymers are manufactured or 

imported from monomers and/or 

reactants that are already included on 

the TSCA Chemical Substance 

Inventory or manufactured under an 

applicable TSCA section 5 exemption. 

6. The polymers are not water 

absorbing polymers with a number 

average molecular weight (MW) greater 

than or equal to 10,000 daltons. 

Additionally, the polymers, also meet 

as required the following exemption 

criteria specified in 40 CFR 723.250(e). 

7. The polymers’ number average MW 

of 16,000 to 20,000 are greater than or 

equal to 10,000 daltons. The polymers 

contain less than 2% oligomeric 

material below MW 500 and less than 

5% oligomeric material below MW 

1,000. 

Thus, the polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes meets all the criteria for a 

polymers to be considered low risk 

under 40 CFR 723.250. Based on its 

conformance to the above criteria, no 

mammalian toxicity is anticipated from 

dietary, inhalation, or dermal exposure 

to polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes. 

V. Aggregate Exposures 

For the purposes of assessing 

potential exposure under this 

exemption, EPA considered that 

polymer of 2-ethyl-2-(hydroxymethyl)- 

1,3 propanediol, oxirane, 

methyloxirane, 1,2-epoxyalkanes could 

be present in all raw and processed 

agricultural commodities and drinking 

water, and that non-occupational nondietary exposures were possible. The 

number average MW of polymer of 2- 

ethyl-2-(hydroxymethyl)-1,3 

propanediol, oxirane, methyloxirane, 

1,2-epoxyalkanes is in the range of 

16,000 to 20,000 daltons. Generally, a 

polymer of this size would be poorly 

absorbed through the intact 

gastrointestinal tract or through intact 

human skin. Since polymer of 2-ethyl2-(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes conforms to the criteria 

that identify a low risk polymer, there 

are no concerns for risks associated with 

any potential exposure scenarios that 

are reasonably foreseeable. The Agency 

has determined that a tolerance is not 

necessary to protect the public health. 

VI. Cumulative Effects 

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

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance or tolerance exemption, the 

Agency consider ‘‘available 

information’’ concerning the cumulative 

effects of a particular chemical’s 

residues and ‘‘other substances that 

have a common mechanism of toxicity.’’

EPA does not have, at this time, 

available data to determine whether 

polymer of 2-ethyl-2-(hydroxymethyl)- 

1,3 propanediol, oxirane, 

methyloxirane, 1,2-epoxyalkanes has a 

common mechanism of toxicity with 

other substances. Unlike other 

pesticides for which EPA has followed 

a cumulative risk approach based on a 

common mechanism of toxicity, EPA 

has not made a common mechanism of 

toxicity finding as to polymer of 2-ethyl2-(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes and any other substances 

and polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes do not appear to produce 

toxic metabolite produced by other 

substances. For the purposes of this 

tolerance action, therefore, EPA has not 

assumed that polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes have 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 the policy statements 

released by EPA’s Office of Pesticide 

Programs concerning common 

mechanism determinations and 

procedures for cumulating effects from 

substances found to have a common 

mechanism on EPA’s website at http:// 

www.epa.gov/pesticides/cumulative. 

VII. Additional Safety Factor for the 

Protection of Infants and Children 

Section 408 of the FFDCA provides 

that EPA shall apply an additional 

tenfold 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 

data base unless EPA concludes that a 

different margin of safety will be safe for 

infants and children. Due to the 

expected low toxicity of polymer of 2- 

ethyl-2-(hydroxymethyl)-1,3 

propanediol, oxirane, methyloxirane, 

1,2-epoxyalkanes, EPA has not used a 

safety factor analysis to assess the risk. 

For the same reasons the additional 

tenfold safety factor is unnecessary. 


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VIII. Determination of Safety 

Based on the conformance to the 

criteria used to identify a low risk 

polymer, EPA concludes that there is a 

reasonable certainty of no harm to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of polymer of 2-ethyl-2- 

(hydroxymethyl)-1,3 propanediol, 

oxirane, methyloxirane, 1,2- 

epoxyalkanes. 

IX. Other Considerations 

A. Endocrine Disruptors 

There is no available evidence that 

polymer of 2-ethyl-2-(hydroxymethyl)- 

1,3 propanediol, oxirane, 

methyloxirane, 1,2-epoxyalkanes are 

endocrine disruptors. 

B. 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. 

C. International Tolerances 

The Agency is not aware of any 

country requiring a tolerance for 

polymer of 2-ethyl-2-(hydroxymethyl)- 

1,3 propanediol, oxirane, 

methyloxirane, 1,2-epoxyalkanes nor 

have any CODEX Maximum Residue 

Levels (MRLs) been established for any 

food crops at this time. 

X. Conclusion 

Accordingly, EPA finds that 

exempting residues of polymer of 2- 

ethyl-2-(hydroxymethyl)-1,3 

propanediol, oxirane, methyloxirane, 

1,2-epoxyalkanes from the requirement 

of a tolerance will be safe. 

XI. 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 rule has 

been exempted from review under 

Executive Order 12866, this rule is not 

subject to Executive Order 13211, 

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 6, 2000) do not apply 

to this rule. In addition, This 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). 

XII. 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 rule in the Federal 

Register. This rule is not a ‘‘major rule’’

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 27, 2007. 

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

■ 2. In § 180.960 the table is amended 

by adding alphabetically polymers to 

read as follows: 

§ 180.960 Polymers; exemptions from the 

requirement of a tolerance. 

* * * * * 

Polymer CAS No. 

*****

Oxirane, decyl-, reaction 

products with polyethylene-polypropylene 

glycol ether with 

trimethylolpropane (3:1).

903890–89–1 

Oxirane, hexadecyl-, reaction products with polyethylene-polypropylene 

glycol ether with 

trimethylolpropane (3:1).

893427–80–0 

Oxirane, methyl-, polymer 

with oxirane, ether with 

2-ethyl-2-(hydroxymethyl) 

– 1,3 - propanediol (3:1), 

reaction products with 

tetradecyloxirane.

903890–90–4 

*****

[FR Doc. E7–4083 Filed 3–6–07; 8:45 am] 

BILLING CODE 6560–50–S 


sroberts on PROD1PC70 with RULES