Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules 51397

§§ 700.70, 700.71, 700.72, 700.23, 700.75,

700.80, 700.91 [Amended]

21. The phrase ‘‘the Selective Service

Act and related statutes,’’ is added

following the phrase ‘‘the Defense

Production Act,’’ wherever it appears in

the following places:

Sec.

700.70(a)

700.71(a)

700.71(c)(1)

700.71(c)(2)

700.71(c)(3)

700.72(a)

700.73(a)

700.73(b)

700.75

700.80(a)(2)

700.91(d)

22. Section 700.72(b) is amended by

revising the term ‘‘Assistant General

Counsel for International Trade’’ to read

‘‘Chief Counsel for Export

Administration’’.

23. Section 700.74 is amended:

a. By revising paragraph (a);

b. By removing paragraph (b);

c. By redesignating paragraph (c) as

paragraph (b), and paragraph (d) as

paragraph (c); as follows:

§ 700.74 Violations, penalties, and

remedies.

(a) Willful violation of the provisions

of Title I or Sections 705 or 707 of the

Defense Production Act, the priorities

provisions of the Selective Service Act

and related statutes, this regulation, or

an official action, is a crime and upon

conviction, a person may be punished

by fine or imprisonment, or both. The

maximum penalty provided by the

Defense Production Act is a $10,000

fine, or one year in prison, or both. The

maximum penalty provided by the

Selective Service Act and related

statutes is a $50,000 fine, or three years

in prison, or both.

* * * * *

24. The term ‘‘Office of Industrial

Resource Administration’’ is revised to

read ‘‘Office of Strategic Industries and

Economic Security’’ in the following

places:

§§ 700.80, 700.81, 700.93 [Amended]

Sec.

700.80(a)

700.80(c)

700.80(d)

700.81(a)

700.81(b)

700.93

25. The phrase ‘‘Assistant Secretary

for Trade Administration’’ is revised to

read ‘‘Assistant Secretary for Export

Administration’’ in the following places:

Sec.

700.80(d)

700.81(a)

700.81(b)

700.81(d)

700.81(e)

700.81(f)

700.81(g)

700.81(h)

26. Section 700.81(b) is amended by

revising the term ‘‘International Trade

Administration’’ to read ‘‘Bureau of

Export Administration’’.

27. Section 700.91(a) is amended by

revising the term ‘‘(OMB #0625–0107)’’

to read ‘‘(OMB #0694–0053)’’.

28. Section 700.93 is amended by

revising the phrase ‘‘telephone: (202)

377–4506’’ to read ‘‘telephone: (202)

482–3634, or FAX: (202) 482–5650’’.

Schedule 1 to Part 700—[Amended]

29. Schedule 1 to Part 700 is

amended:

a. By revising the column heading

‘‘Authorized Program’’ to read:

‘‘Approved Program’’; and by revising

the title of the Schedule and the first

paragraph of the two paragraph

explanation of the Schedule;

b. By removing the following program

identification symbols and associated

authorized program names from the

Schedule: ‘‘C8—Controlled materials for

Defense Industrial Supply Center

(DISC)’’, ‘‘H2—Controlled materials

producers’’, ‘‘H3—Further converters

(controlled materials)’’, and ‘‘H4—

Distributors of controlled materials’’;

c. By removing the term ‘‘Federal

Aviation Administration’’ from the list

of Associated Agencies of the

Department of Defense contained in

footnote 1;

d. By adding the following program

identification symbols and associated

approved program names to the

Schedule: ‘‘C1—Food resources (combat

rations)’’ under the ‘‘Defense Programs’’

heading; and ‘‘H8—Special projects’’,

under the ‘‘Other Defense, Energy and

Related Programs’’ heading;

e. By revising the ‘‘Other Energy

Programs’’ heading to read: ‘‘Domestic

Energy Programs’’; and revising the

‘‘F3’’ program name ‘‘Construction and

Maintenance’’ to read: ‘‘Construction,

repair, and maintenance’’; and

f. By revising the ‘‘N1’’ program name

‘‘Approved civil defense programs’’ to

read ‘‘Emergency Preparedness

Activities’’; as follows:

Defense Priorities and Allocations

System

Schedule 1 to Part 700—Approved

Programs and Delegate Agencies

The programs listed in this schedule

have been approved for priorities and

allocations support under this

regulation. They have equal preferential

status.

* * * * *

Schedule II to Part 700—[Amended]

30. Schedule II to part 700 (Controlled

Materials), Schedule III to part 700

(Technical Definitions of Controlled

Materials Products), Schedule IV to part

700 (Copper Controlled Materials

Producers’ Set-aside Base and

Percentages), and Schedule V to part

700 (Nickel Alloys Controlled Materials

Producers’ Set-aside Base and

Percentages) are removed.

Issued: September 29, 1997.

William V. Skidmore,

Assistant Secretary (Acting) for Export

Administration.

[FR Doc. 97–26109 Filed 9–30–97; 8:45 am]

BILLING CODE 3510–DT–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300558; FRL–5746–3]

RIN 2070–AC18

Various Inert Ingredients; Tolerance

Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed Rule.

SUMMARY: EPA proposes to establish

exemptions from the requirement of a

tolerance for residues of 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; vinyl alcoholvinyl acetate copolymer, benzaldehydeo-sodium sulfonate condensate when

used as inert ingredients in pesticide

formulations applied to growing crops,

crops after harvest, and/or animals. EPA

is proposing this regulation on its own

initiative.

DATES: Comments, identified by the

docket control number [OPP–300558],

must be received on or before December

1, 1997.

ADDRESSES: By mail, submit written

comments to: Public Information and

Records Integrity Branch, Information

Resources and Services Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, deliver comments to: Rm. 1132,

CM #2, 1921 Jefferson Davis Highway,

Arlington, VA.
51398 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules

Comments and data may also be

submitted electronically to: oppdocket@epamail.epa.gov. Follow the

instructions under Unit VII of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

will be included in the public docket by

EPA without prior notice. The public

docket is available for public inspection

in Rm. 1132 at the Virginia address

given above, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Bipin Gandhi, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number and e-mail: Fourth Floor, CS #1,

2800 Crystal Drive, Arlington, VA, (703)

308–8380; e-mail:

gandhi.bipin@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Prior to

the enactment of the Food Quality

Protection Act of 1996 (FQPA), EPA

proposed that exemptions from the

requirement of a tolerance be

established for residues of 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; vinyl alcoholvinyl acetate copolymer, benzaldehydeo-sodium sulfonate condensate in

response to various pesticide petitions

submitted pursuant to section 408(e) of

the Federal Food, Drug, and Cosmetic

Act (FFDCA), 21 U.S.C. 346a(e). Each of

these proposals is summarized at the

end of this section.

Pursuant to section 408(e)(1)(B) of

FFDCA, the Agency is reproposing upon

its own initiative the following

tolerance exemptions in view of the new

FQPA amendments to the FFDCA.

1. 2-propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate. In the Federal Register of May

16, 1996 (61 FR 24738)(FRL–5365–3),

EPA proposed that an exemption from

the requirement of a tolerance be

established for residues of 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate (CAS Reg.

No. 107568–10–5) when used as an inert

ingredient (binding agent) in pesticide

formulations applied to growing crops,

raw agricultural commodities after

harvest, and animals. This proposed

rule was issued in response to pesticide

petition (PP) 5E04568 submitted by

Japan Technical Information Center on

behalf of Nippon Goshei (U.S.A.) Co.,

Ltd., 775 South 23rd Street, Arlington,

VA 22202. No comments were received

in response to the proposed rule.

2. Polyvinyl pyrrolidone butylated

polymer. In the Federal Register of July

10, 1996 (61 FR 36331)(5380–5), EPA

proposed that an exemption from the

requirement of a tolerance be

established for residues of polyvinyl

pyrrolidone butylated polymer (CAS

Reg No. 26160–96–3) when used as an

inert ingredient (surfactants, related

adjuvant of surfactants and binder) in

pesticide formulations applied to

growing crops, raw agricultural

commodities after harvest, and animals.

This proposed rule was issued in

response to pesticide petition (PP)

6E4644 submitted by International

Specialty Products, 1361 Alps Road,

Wayne, NJ 07470. No comments were

received in response to the proposed

rule.

3. Vinyl pyrrolidone-acrylic acid

copolymer. In the Federal Register of

June 14, 1996 (61 FR 30202)(FRL–5374–

4), EPA proposed that an exemption

from the requirement of a tolerance be

established for residues of vinyl

pyrrolidone-acrylic acid copolymer

when used as an inert ingredient

(adhesive, dispersion stabilizer and

coating for sustained release granules)

in pesticide formulations applied to

growing crops, raw agricultural

commodities after harvest, and animals.

This proposed rule was issued in

response to pesticide petition (PP)

6E4659 submitted by International

Specialty Products, 1361 Alps Road,

Wayne, NJ 07470. No comments were

received in response to the proposed

rule.

4. Maleic anhydride-diisobutylene

copolymer, sodium salt. In the Federal

Register of July 10, 1996 (61 FR

36329)(FRL–5374–3), EPA proposed

that an exemption from the requirement

of a tolerance be established for residues

of maleic anhydride-diisobutylene

copolymer, sodium salt (CAS Reg. No.

37199–81–8) when used as an inert

ingredient (suspending agent and

dispersing agent) in pesticide

formulations applied to growing crops,

raw agricultural commodities after

harvest, and animals. This proposed

rule was issued in response to pesticide

petition (PP) 6E4665 submitted by

Rhone-Poulenc North America

Chemicals Inc., CN 5255, Princeton, NJ

08543–5255. A comment was received

in response to the proposal that stated

the proposed deletion of the tolerance

exemption for growing crops only under

40 CFR 180.1001(d) for maleic

anhydride-diisobutylene copolymer,

sodium salt needed to be accompanied

by an adjustment in the molecular

weight range proposed for maleic

anhydride-diisobutylene copolymer,

sodium salt under 40 CFR 180.1001(c)

and (e) to allow for the other

permissible molecular weights of maleic

anhydride-diisobutylene copolymer,

sodium salt polymers. The Agency

agrees with the commentor and has

revised the proposed molecular weight

range of maleic anhydride-diisobutylene

copolymer, sodium salt accordingly.

5. Vinyl alcohol-vinyl acetate

copolymer, benzaldehyde-o-sodium

sulfonate condensate. In the Federal

Register of July 18, 1996 (61 FR 37433)

(FRL–5376–4), EPA proposed that an

exemption from the requirement of a

tolerance be established for residues of

vinyl alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate

condensate when used as an inert

ingredient (water soluble resin) in

pesticide formulations applied to

growing crops, raw agricultural

commodities after harvest, and animals.

This proposed rule was issued in

response to pesticide petition (PP)

6E4718 submitted by Mitsui Plastics,

Inc., 11 Martine Ave., White Plains, NY

10606. No comments were received in

response to the proposed rule.

I. Background and Statutory Authority

The Food Quality Protection Act of

1996 (FQPA) (Pub. L. 104–170) was

signed into law August 3, 1996. FQPA

amends both the Federal Food, Drug,

and Cosmetic Act (FFDCA), 21 U.S.C.

301 et seq., and the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq. The FQPA

amendments went into effect

immediately. Among other things,

FQPA amends FFDCA to bring all EPA

pesticide tolerance-setting activities

under a new section 408 with a new

safety standard and new procedures.

New section 408(c)(2)(A)(i) allows

EPA to establish an exemption from the

requirement of a tolerance for a

pesticide chemical residue on food only

if EPA determines that the exemption is

‘‘safe.’’ Section 408(c)(2)(A)(ii) 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
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules 51399

reliable information.’’ This includes

exposure through drinking water, but

does not include occupational exposure.

Section 408(c)(2)(B) 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

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.

II. 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.

III. Risk Assessment and Statutory

Findings

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 ingredient in

conjunction with possible exposure to

residues of the inert ingredient in food,

drinking water, and other nonoccupational exposures. 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.

IV. Aggregate Risk Assessment and

Determination of Safety

Consistent with section 408(c)(2)(B) of

FFDCA, EPA has reviewed the available

scientific data and other relevant

information in support of the proposed

actions. EPA has sufficient data to

assess the hazards of 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; and vinyl

alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate and

to make a determination on aggregate

exposure, consistent with section

408(b)(2), for tolerance exemptions for

the residues of 2-propene-1-sulfonic

acid, sodium salt, polymer with ethenol

and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; and vinyl

alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate

condensate on growing crops, raw

agricultural commodities after harvest

and animals. EPA’s assessment of the

dietary exposures and risks associated

with establishing these tolerances

follows.

The data submitted in the petitions

and other relevant material have been

evaluated. As part of the EPA policy

statement on inert ingredients published

in the Federal Register of April 22, 1987

(52 FR 13305), the Agency set forth a list

of studies which would generally be

used to evaluate the risks posed by the

presence of an inert ingredient in a

pesticide formulation. However, where

it can be determined without that data

that the inert ingredient will present

minimal or no risk, the Agency

generally does not require some or all of

the listed studies to rule on the

proposed tolerance or exemption from

the requirement of a tolerance for an

inert ingredient.

A. Toxicological Profile

In the case of certain chemical

substances that are defined as

‘‘polymers,’’ the Agency has established

a set of criteria which identify categories

of polymers that present low risk. These

criteria (described in 40 CFR 723.250)

identify polymers that are relatively

unreactive and stable compared to other

chemical substances as well as polymers

that typically are not readily absorbed.

These properties generally limit a

polymer’s ability to cause adverse

effects. In addition, these criteria

exclude polymers about which little is

known. The Agency believes that

polymers meeting these criteria will

present minimal or no risk. 2-Propene1-sulfonic acid, sodium salt, polymer

with ethenol and ethenyl acetate;

polyvinyl pyrrolidone butylated

polymer; vinyl pyrrolidone-acrylic acid

copolymer; maleic anhydridediisobutylene copolymer, sodium salt;

and vinyl alcohol-vinyl acetate

copolymer, benzaldehyde-o-sodium

sulfonate condensate, all conform to the

definition of a polymer given in 40 CFR

723.250(b) and meet the following

criteria that are used to identify low risk

polymers:

1. They are not cationic polymers, nor

is it reasonably anticipated they will

become cationic polymers in a natural

aquatic environment.

2. They contain as an integral part of

their composition the atomic elements

carbon, hydrogen, and oxygen.

3. They do not contain as an integral

part of their composition, except as

impurities, any elements other than

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

4. They are not designed, nor are they

reasonably anticipated to substantially

degrade, decompose or depolymerize.

5. They are not manufactured or

imported from monomers and/or other

reactants that are not already included

on the TSCA Chemical Substance

Inventory or manufactured under an

applicable TSCA section 5 exemption.

6. They are not water absorbing

polymers.

7. The minimum number-average

molecular weight of each of the above

polymers is greater than 1,000 daltons.

Substances with molecular weights

(MW) greater than 400 generally are not

absorbed through the intact skin, and

substances with MW greater than 1,000

generally are not absorbed through the

intact gastrointestinal (GI) tract.

Chemicals not absorbed through the

skin or GI tract generally are incapable

of eliciting a toxic response.

8. Each of the above-listed polymers

has an oligomer content less than 2

percent below MW 500 and less than 5

percent MW 1,000.

Based on these chemicals’

conformance to the above criteria, no

mammalian toxicity is anticipated from

dietary, inhalation or dermal exposure

to 2-propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate; polyvinyl pyrrolidone butylated

polymer; vinyl pyrrolidone-acrylic acid

copolymer; maleic anhydridediisobutylene copolymer, sodium salt;

and vinyl alcohol-vinyl acetate

copolymer, benzaldehyde-o-sodium

sulfonate condensate.
51400 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules

B. Exposures and Risks

1. From food and feed uses, drinking

water, and non-dietary exposures. For

the purposes of assessing the potential

dietary exposure under these

exemptions, EPA considered that under

these exemptions 2-propene-1-sulfonic

acid, sodium salt, polymer with ethenol

and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; and vinyl

alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate

condensate could be present in all raw

and processed agricultural commodities

and drinking water and that nonoccupational, non-dietary exposure was

possible. EPA concluded that, based on

these chemicals’ categorization as

polymers conforming to the definition

of a polymer under 40 CFR 723.250(b)

that also meet the criteria used to

identify low risk polymers, there are no

concerns for risks associated with any

potential exposure scenarios that are

reasonably foreseeable.

2. Cumulative exposure to substances

with a common mechanism of toxicity.

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

requires that, when considering whether

to establish, modify, or revoke a

tolerance 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.’’

In the case of 2-propene-1-sulfonic

acid, sodium salt, polymer with ethenol

and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; and vinyl

alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate

condensate, the lack of expected toxicity

of these substances based on their

conformance to the definition of

polymers as given in 40 CFR 723.250(b)

as well as the criteria that identify low

risk polymers results in no expected

cumulative effects; a cumulative risk

assessment is therefore not necessary.

C. Aggregate Risks and Determination of

Safety for U.S. Population

Based on these chemicals’

conformance to the definition of a

polymer given in 40 CFR 723.250(b) as

well as the criteria that are used to

identify low risk polymers, EPA

concludes that there is a reasonable

certainty that no harm to the U.S.

population will result from aggregate

exposure to 2-propene-1-sulfonic acid,

sodium salt, polymer with ethenol and

ethenyl acetate; polyvinyl pyrrolidone

butylated polymer; vinyl pyrrolidoneacrylic acid copolymer; maleic

anhydride-diisobutylene copolymer,

sodium salt; and vinyl alcohol-vinyl

acetate copolymer, benzaldehyde-osodium sulfonate condensate. EPA

believes these compounds present no

dietary risk under reasonably

foreseeable circumstances.

D. Aggregate Risks and Determination of

Safety for Infants and Children

FFDCA section 408 provides that EPA

shall apply an additional tenfold margin

of safety for infants and children in the

case of threshold effects to account for

pre- 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. Margins of safety are

incorporated into EPA risk assessments

either directly through the use of margin

of exposure analysis or through using

uncertainty (safety) factors in

calculating a dose level that poses no

appreciable risk to humans.

Due to the low expected toxicity of

these compounds, EPA has not used a

safety factor analysis in assessing the

risk of these compounds. For the same

reasons the additional safety factor is

unnecessary.

V. Other Considerations

The Agency proposes to establish

exemptions from the requirement of a

tolerance without any numerical

limitation; therefore, the Agency has

concluded that analytical methods are

not required for enforcement purposes

for 2-propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate; polyvinyl pyrrolidone butylated

polymer; vinyl pyrrolidone-acrylic acid

copolymer; maleic anhydridediisobutylene copolymer, sodium salt;

and vinyl alcohol-vinyl acetate

copolymer, benzaldehyde-o-sodium

sulfonate condensate.

There are no Codex Alimentarius

Commission (Codex), Canadian or

Mexican residue limits for 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate; polyvinyl

pyrrolidone butylated polymer; vinyl

pyrrolidone-acrylic acid copolymer;

maleic anhydride-diisobutylene

copolymer, sodium salt; and vinyl

alcohol-vinyl acetate copolymer,

benzaldehyde-o-sodium sulfonate

condensate.

VI. Conclusion

Based on the information and data

considered, EPA proposes that the

exemptions from the requirement of a

tolerance be established as set forth in

this document.

VII. Public Record and Electronic

Submissions

Under FFDCA 408(e)(2), EPA must

provide for a public comment period

before issuing a final tolerance or

tolerance exemption under 408(e)(1).

Interested persons are invited to submit

written comments on the proposed

regulation. Comments must bear a

notation indicating the docket control

number, [OPP–300558]. All written

comments filed in response to this

petition will be available in the Public

Information and Records Integrity

Branch at the Virginia address given

above from 8:30 a.m. to 4 p.m. Monday

through Friday, except legal holidays.

The official record for this

rulemaking, as well as the public

version, has been established for this

rulemaking under docket control

number [OPP–300558] (including

comments and data submitted

electronically as described below). A

public version of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as CBI, is available

for inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The official rulemaking record

is located at the Virginia address in

‘‘ADDRESSES’’ at the beginning of this

document.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comment and data will

also be accepted on disks in

Wordperfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket control number [OPP–

300558]. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

VIII. Regulatory Assessment

Requirements

This action proposes an exemption

from the tolerance requirement under

FFDCA section 408(e). 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).

In addition, this proposed rule does not

contain any information collections

subject to OMB approval under the

Paperwork Reduction Act (PRA), 44

U.S.C. 3501 et seq., or impose any

enforceable duty or contain any
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules 51401

unfunded mandate as described under

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA) (Pub. L.

104–4). Nor does it require any prior

consultation as specified by Executive

Order 12875, entitled Enhancing the

Intergovernmental Partnership (58 FR

58093, October 28, 1993), or special

considerations as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental Justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994), or require special OMB review in

accordance with Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

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

In addition, under the Regulatory

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

seq.), the Agency previously assessed

whether establishing tolerances,

exemptions from tolerances, raising

tolerance levels or expanding

exemptions might adversely impact

small entities and concluded, as a

generic matter, that there is no adverse

economic impact. The factual basis for

the Agency’s generic certification for

tolerance actions published on May 4,

1981 (46 FR 24950), and was provided

to the Chief Counsel for Advocacy of the

Small Business Administration.

IX. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A), as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

Agency has submitted 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 General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This 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: September 24, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, it is proposed that 40 CFR

chapter I be amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

is revised to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.1001 the tables in

paragraphs (c) and (e) are amended by

adding alphabetically the following

inert ingredients, and the table in

paragraph (d) is amended by removing

the entry for ‘‘Maleic anhydride

diisobutylene copolymer, sodium salt.’’

§ 180.1001 Exemptions from the

requirements of a tolerance.

* * * * *

(c) * * *

Inert ingredients Limits Uses

* * * * *

Maleic anhydride-diisobutylene copolymer, sodium salt

(CAS Reg. No. 37199–81–8), minimum number average

molecular weight (in amu) 5,000–18,000.

Suspending agent and dispersing agent.

* * * * *

Polyvinylpyrrolidone butylated polymer (CAS Reg No.

26160–96–3), minimum number average molecular weight

(in amu) 9,500.

Surfactants, related adjuvant of surfactants and binder.

* * * * *

2-Propene-1-sulfonic acid sodium salt, polymer with ethenol

and ethenyl acetate, number average molecular weight (in

amu) 6,000 – 12,000.

Binding Agent.

* * * * *

Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-o-sodium sulfonate condensate, minimum number average

molecular weight (in amu) 20,000.

Water soluble resin.

* * * * *

Vinyl pyrrolidone-acrylic acid copolymer (CAS Reg. No.

28062–44–4), minimum number average molecular weight

(in amu) 6,000.

Adhesive, dispersion stabilizer and coating for sustained release granules.

* * * * *

* * * * * * *

(e) * * *

Inert ingredients Limits Uses

* * * * *

Maleic anhydride-diisobutylene copolymer, sodium salt

(CAS Reg. No. 37199–81–8), minimum number average

molecular weight (in amu) 5,000–18,000.

Suspending agent and dispersing agent.

* * * * *

Polyvinylpyrrolidone butylated polymer (CAS Reg No.

26160–96–3), minimum number-average molecular weight

(in amu) 9,500.

Surfactants, related adjuvant of surfactants and binder.

* * * * *

2-Propene-1-sulfonic acid sodium salt, polymer with ethenol

and ethenyl acetate, number average molecular weight (in

amu) 6,000 – 12,000.

Binding Agent.
51402 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Proposed Rules

Inert ingredients Limits Uses

* * * * *

Vinyl alcohol-vinyl acetate copolymer, benzaldehyde-o-sodium sulfonate condensate, minimum number average

molecular weight (in amu) 20,000.

Water soluble resin.

* * * * *

Vinyl pyrrolidone-acrylic, acid copolymer (CAS Reg. No.

28062–44–4), minimum number average molecular weight

(in amu) 6,000.

Adhesive, dispersion stabilizer and coating for sustained release granules.

* * * * *

[FR Doc.97–26015 Filed 9–30–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1820

[WO–350–1430–00–24 1A]

RIN 1004–AC83

Application Procedures

AGENCY: Bureau of Land Management,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Land

Management (BLM) proposes to revise

43 CFR part 1820, which addresses

general application procedures, to

streamline, modernize and clarify the

existing provisions, and remove

obsolete and unnecessary requirements.

The proposed rule describes how to file

an application or other documents with

BLM; provides guidance on how BLM

determines priority for applications

filed simultaneously; and contains

procedures for payments and refunds,

and requirements for publication and

posting of notices.

DATES: Comments: Any comments must

be received by BLM at the address

below by December 1, 1997. BLM will

not necessarily consider any comments

received after the above date during its

decisionmaking on the proposed rule.

ADDRESSES: If you wish to comment,

you may submit your comments by any

one of several methods. You may mail

comments to Bureau of Land

Management, Administrative Record,

Room 401LS,1849 C Street, NW,

Washington, D.C. 20240. You may also

comment via the internet to

WOComment@wo.blm.gov. Please

submit comments as an ASCII file

avoiding the use of special characters

and any form of encryption. Please also

include ‘‘attn: AC 83’’’’ and your name

and return address in your message. If

you do not receive a confirmation from

the system that we have received your

internet message, contact us directly at

(202) 452–5030.

Finally, you may hand-deliver

comments to BLM at 1620 L Street, NW,

Room 401, Washington, D.C. Comments,

including names and street addresses of

respondents, will be available for public

review at this address during regular

business hours, 7:45 a.m. to 4:15 p.m.,

Monday through Friday, except

holidays. Individual respondents may

request confidentiality, which BLM will

consider on a case-by-case basis. If you

wish to request that BLM consider

withholding your name or street address

from public review or from disclosure

under the Freedom of Information Act,

you must state this prominently at the

beginning of your comment. All

submissions from organizations or

businesses, and from individuals

identifying themselves as

representatives or officials of

organizations or businesses, will be

made available for public inspection in

their entirety.

FOR FURTHER INFORMATION CONTACT:

Mary Linda Ponticelli, Telephone: (202)

452–0364, or Frances Watson,

Telephone: (202) 452–5006 (Commercial

or FTS).

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

II. Background

III. Discussion of Proposed Rule

IV. Procedural Matters

I. Public Comment Procedures

Written Comments

Written comments on the proposed

rule should be specific, should be

confined to issues pertinent to the

proposed rule, and should explain the

reason for any recommended change.

Where possible, comments should

reference the specific section or

paragraph of the proposal which the

commenter is addressing. BLM may not

necessarily consider or include in the

Administrative Record for the final rule

comments which BLM receives after the

close of the comment period (see DATES)

or comments delivered to an address

other than those listed above (see

ADDRESSES).

II. Background

Since public land records contain the

basic land title information for over twothirds of the nation’s real property, BLM

places great importance on providing

standardized methods for processing

applications for public lands to ensure

that BLM processes all applications

received in an equitable and efficient

manner. When the public lands were

open to settlement under various laws,

BLM established specific procedures for

filing each type of application

pertaining to land use authorizations.

Despite the existence of detailed

application procedures for specific BLM

programs, BLM recognized the need to

have general procedures applicable to

all BLM land use authorization

programs addressed in a centralized

location in the Code of Federal

Regulations. Although there may be

certain variances among application

procedures for specific land use

authorizations, for example, filing fees,

the general procedures covered in these

regulations have assisted BLM in

determining priority among those

applications (sometimes numbering in

the thousands) competing for the same

claim or parcel.

These general procedural regulations

continue to serve important functions,

such as informing members of the

public of proposed BLM actions or

decisions through publication and

posting of notices. Thus, there is still a

need for general procedural direction to

ensure consistency in processing

documents and uniformity in treatment

of all BLM’s customers.

III. Discussion of Proposed Rule

This proposed rule, which would

revise the application procedures at 43

CFR part 1820, provides general

information on how to file documents

with BLM, such as applications for

various BLM resource programs. The

proposed rule will continue to provide

addresses and geographical areas of

jurisdiction of BLM State Offices, as

well as standardized requirements for

such things as application procedures,

filing times and locations for filing. This

proposed rule also contains guidance as