[Federal Register Volume 65, Number 190 (Friday, September 29, 2000)]
[Rules and Regulations]
[Pages 58399-58404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25050]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-301055; FRL-6745-1]
RIN 2070-AB78


Dimethyl silicone polymer with silica; silane, dichloromethyl-, 
reaction product with silica; hexamethyldisilizane, reaction product 
with silica; Tolerance Exemption

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Final rule.

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SUMMARY:  This regulation establishes an amendment to the exemptions 
from the requirement of a tolerance for residues of dimethyl silicone 
polymer with silica; silane, dichloromethyl-, reaction product with 
silica; and hexamethyldisilizane, reaction product with silica; when 
used as inert ingredients on growing crops, when applied to raw 
agricultural commodities after harvest, or to animals. Cabot 
Corporation submitted a petition to EPA under the Federal Food, Drug, 
and Cosmetic Act, as amended by the Food Quality Protection Act of 1996 
requesting an exemption from the requirement of a tolerance. This 
regulation eliminates the need to establish a maximum permissible level 
for residues of dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica.

DATES:  This regulation is effective September 29, 2000. Objections and 
requests for hearings, identified by docket control number OPP-301055, 
must be received by EPA on or before November 28, 2000.

ADDRESSES: Written objections and hearing requests may be submitted by 
mail, in person, or by courier. Please follow the detailed instructions 
for each method as provided in Unit VIII. of the SUPPLEMENTARY 
INFORMATION. To ensure proper receipt by EPA, your objections and 
hearing requests must identify docket control number OPP-301055 in the 
subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT:  By mail: Vera Soltero, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-9359 and e-mail address: 
<a href="/cdn-cgi/l/email-protection#1665797a6273647938607364775673667738717960"><span class="__cf_email__" data-cfemail="cbb8a4a7bfaeb9a4e5bdaeb9aa8baebbaae5aca4bd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

[[Page 58400]]

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you are an agricultural 
producer, food manufacturer, or pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         Potentially
                                                       Affected Entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    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 the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the `` Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-301055. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. Background and Statutory Findings

    In the Federal Register of June 30, 2000 (65 FR 40632) (FRL-6592-
6), EPA issued a notice pursuant to section 408 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, as amended by the Food 
Quality Protection Act (FQPA) (Public Law 104-170) announcing the 
filing of pesticide petitions (PP 9E6017, PP 9E6018 and PP 9E6018) by 
Cabot Corporation, 75 State Street, Boston, MA, 02109. This notice 
included a summary of the petitions prepared by the petitioner. There 
were no comments received in response to the notice of filing.
    The petition requested that 40 CFR 180.1001 (c) and (e) be amended 
by revising the existing exemptions from the requirement of a tolerance 
for residues of dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica; CAS No. 67762-90-7, 
CAS No. 68611-44-8, and CAS No. 68909-20-6, respectively.
    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) 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) 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 ploymers 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. 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 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 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

[[Page 58401]]

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, dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica, are not cationic 
polymers nor are they reasonably anticipated to become cationic 
polymers in a natural aquatic environment.
    2. The polymers do contain as an integral part of their compostion 
the atomic elements carbon, hydrogen, and oxygen.
    3. The polymers do not contain as an integral part of their 
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, dimethyl silicone polymer with silica; 
silane, dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica, also meet as 
required the following exemption criteria specified in 40 CFR 
723.250(e).
    7. The polymers' number average MW of 1,100,000 daltons; 3,340,000 
daltons; and 645,000 daltons, respectively is greater than or equal to 
10,000 daltons. The polymer contains less than 2% oligomeric material 
below MW 500 and less than 5% oligomeric material below MW 1,000.
    Thus, dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica meet all the 
criteria for a polymer to be considered low risk under 40 CFR 723.250. 
Based on their conformance to the above criteria, no mammalian toxicity 
is anticipated from dietary, inhalation, or dermal exposure to dimethyl 
silicone polymer with silica; silane, dichloromethyl-, reaction product 
with silica; and hexamethyldisilizane, reaction product with silica.

V. Aggregate Exposures

    For the purposes of assessing potential exposure under this 
exemption, EPA considered that dimethyl silicone polymer with silica; 
silane, dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica could be present in 
all raw and processed agricultural commodities and drinking water, and 
that non-occupational non-dietary exposure was possible. The number 
average MW of dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica are 1,100,000 
daltons; 3,340,000 daltons; and 645,000 daltons, respectively. 
Generally, a polymer of this size would be poorly absorbed through the 
intact gastrointestinal tract or through intact human skin. 
Additionally, since the polymer are not water-absorbing, it is expected 
that respirable fractions would be cleared from the lungs. Since 
dimethyl silicone polymer with silica; silane, dichloromethyl-, 
reaction product with silica; and hexamethyldisilizane, reaction 
product with silica conform 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.'' The Agency has 
not made any conclusions as to whether or not dimethyl silicone polymer 
with silica; silane, dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica share a common 
mechanism of toxicity with any other chemicals. However, dimethyl 
silicone polymer with silica; silane, dichloromethyl-, reaction product 
with silica; and hexamethyldisilizane, reaction product with silica 
conform to the criteria that identify a low risk polymer. Due to the 
expected lack of toxicity based on the above conformance, the Agency 
has determined that a cumulative risk assessment is not necessary.

VII. Determination of Safety for U.S. Population

    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 from aggregate exposure to residues of 
dimethyl silicone polymer with silica; silane, dichloromethyl-, 
reaction product with silica; and hexamethyldisilizane, reaction 
product with silica.

VIII. 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 prenatal and postnatal toxicity and 
the completeness of the data base unless EPA concludes that a different 
margin safety will be safe for infants and children. Due to the 
expected low toxicity of dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica, EPA has not used a 
safety factor analysis to assess the risk. For the same reasons the 
additional tenfold safety factor is unnecessary.

IX. Other Considerations

A. Endocrine Disruptors

    There is no available evidence that dimethyl silicone polymer with 
silica; silane, dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica are endocrine 
disruptors.

B. Existing Exemptions from a Tolerance

    An exemption from tolerance under 40 CFR 180.1001(c) and (e) was 
established for dimethyl silicone polymer with silica; silane, 
dichloromethyl-, reaction product with silica; and 
hexamethyldisilizane, reaction product with silica published in the 
Federal Register of March 1, 2000, (65 FR 10946) (FRL-6490-9). The 
following uses were exempted for both dimethyl silicone polymer with 
silica and hexamethyldisilizane, reaction product with silica: moisture 
barrier, anti-caking agent, anti-settling agent. This amendment to the 
existing exemption adds thickening agent to the uses for dimethyl 
silicone polymer with silica and hexamethyldisilizane, reaction product 
with silica under 40 CFR 180.1001(c) and (e).
    The uses exempted for silane, dichloromethyl-, reaction product 
with silica were: moisture barrier, anti-caking agent, anti-settling 
agent, anti-

[[Page 58402]]

thickening agent. This final rule establishes that anti-thickening be 
revised by deleting anti, so that the uses for silane, dichloromethyl-, 
reaction product with silica under 40 CFR 180.1001(c) and (e) will read 
as follows: moisture barrier, anti-caking agent, anti-settling agent, 
thickening agent.

C. 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.

D. International Tolerances

    The Agency is not aware of any country requiring a tolerance for 
dimethyl silicone polymer with silica; silane, dichloromethyl-, 
reaction product with silica; and hexamethyldisilizane, reaction 
product with silica 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 dimethyl silicone 
polymer with silica; silane, dichloromethyl-, reaction product with 
silica; and hexamethyldisilizane, reaction product with silica from the 
requirement of a tolerance will be safe.

XI. Objections and Hearing Requests

    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. Although the procedures in those 
regulations require some modification to reflect the amendments made to 
the FFDCA by the FQPA of 1996, EPA will continue to use those 
procedures, with appropriate adjustments, until the necessary 
modifications can be made. The new section 408(g) provides essentially 
the same process for persons to ``object'' to a regulation for an 
exemption from the requirement of a tolerance issued by EPA under new 
section 408(d), as was provided in the old FFDCA sections 408 and 409. 
However, the period for filing objections is now 60 days, rather than 
30 days.

A. What Do I Need to Do to File an Objection or Request a Hearing?

    You must file your objection or request a hearing on this 
regulation in accordance with the instructions provided in this unit 
and in 40 CFR part 178. To ensure proper receipt by EPA, you must 
identify docket control number OPP-301055 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 November 
28, 2000.
    1. Filing the request. Your objection must specify the specific 
provisions in the regulation that you object to, and the grounds for 
the objections (40 CFR 178.25). If a hearing is requested, the 
objections must include a statement of the factual issues(s) on which a 
hearing is requested, the requestor's contentions on such issues, and a 
summary of any evidence relied upon by the objector (40 CFR 178.27). 
Information submitted in connection with an objection or hearing 
request may be claimed confidential by marking any part or all of that 
information as CBI. Information so marked will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
information that does not contain CBI must be submitted for inclusion 
in the public record. Information not marked confidential may be 
disclosed publicly by EPA without prior notice.
    Mail your written request to: Office of the Hearing Clerk (1900), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. You may also deliver your request to the Office 
of the Hearing Clerk in Rm. M3708, Waterside Mall, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460. The Office of the Hearing Clerk is 
open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Office of the Hearing Clerk is 
(202) 260-4865.
    2. Tolerance fee payment. If you file an objection or request a 
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or 
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must 
mail the fee to: EPA Headquarters Accounting Operations Branch, Office 
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please 
identify the fee submission by labeling it ``Tolerance Petition Fees.''
    EPA is authorized to waive any fee requirement ``when in the 
judgement of the Administrator such a waiver or refund is equitable and 
not contrary to the purpose of this subsection.'' For additional 
information regarding the waiver of these fees, you may contact James 
Tompkins by phone at (703) 305-5697, by e-mail at <a href="/cdn-cgi/l/email-protection#60140f0d100b090e134e0a090d200510014e070f16"><span class="__cf_email__" data-cfemail="a1d5ceccd1cac8cfd28fcbc8cce1c4d1c08fc6ced7">[email protected]</span></a>, 
or by mailing a request for information to Mr. Tompkins at Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    If you would like to request a waiver of the tolerance objection 
fees, you must mail your request for such a waiver to: James Hollins, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.
    3. Copies for the Docket. In addition to filing an objection or 
hearing request with the Hearing Clerk as described in Unit VIII.A., 
you should also send a copy of your request to the PIRIB for its 
inclusion in the official record that is described in Unit I.B.2. Mail 
your copies, identified by docket control number OPP-301055, to: Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
In person or by courier, bring a copy to the location of the PIRIB 
described in Unit I.B.2. You may also send an electronic copy of your 
request via e-mail to: <a href="/cdn-cgi/l/email-protection#4c233c3c6128232f2729380c293c2d622b233a"><span class="__cf_email__" data-cfemail="600f10104d040f030b0514200510014e070f16">[email protected]</span></a>. Please use an ASCII file 
format and avoid the use of special characters and any form of 
encryption. Copies of electronic objections and hearing requests will 
also be accepted on disks in WordPerfect 6.1/8.0 file format or ASCII 
file format. Do not include any CBI in your electronic copy. You may 
also submit an electronic copy of your request at many Federal 
Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing?

    A request for a hearing will be granted if the Administrator 
determines that the material submitted shows the following: There is a 
genuine and substantial issue of fact; there is a reasonable 
possibility that available evidence identified by the requestor would, 
if established resolve one or more of such issues in favor of the 
requestor, taking into account uncontested claims or facts to the 
contrary; and resolution of the factual issues(s) in the manner sought 
by the requestor would be adequate to justify the action requested (40 
CFR 178.32).

XII. Regulatory Assessment Requirements

    This final rule establishes an exemption from the tolerance 
requirement under FFDCA section 408(d) 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

[[Page 58403]]

Review (58 FR 51735, October 4, 1993). 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., or impose any enforceable 
duty or contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any prior consultation as specified by Executive Order 
13084, entitled Consultation and Coordination with Indian Tribal 
Governments (63 FR 27655, May 19, 1998); 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 OMB review or 
any Agency action under Executive Order 13045, entitled Protection of 
Children from Environmental Health Risks and Safety Risks (62 FR 19885, 
April 23, 1997). 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). Since tolerances and exemptions that are 
established on the basis of a petition under FFDCA section 408(d), such 
as the exemption 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. In addition, the Agency has 
determined that this action will not have a substantial direct effect 
on States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 
13132 requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications '' is defined in the 
Executive Order to include regulations that have `` substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' This final 
rule directly regulates growers, food processors, food handlers and 
food retailers, not States. This action does not alter the 
relationships or distribution of power and responsibilities established 
by Congress in the preemption provisions of FFDCA section 408(n)(4).

XIII. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
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: September 19, 2000.

James Jones,

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 Sec. 180.1001 the tables in paragraphs (c) and (e) are 
amended by revising the following entries to read as follows:


Sec. 180.1001  Exemptions from the requirement of a tolerance.

* * * * *
    (c) *  *  *

 
------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------
         *        *        *        *        *        *        *
Dimethyl silicone polymer with    ..................  Moisture barrier,
 silica, Minimum number average    ..                  anti-caking
 molecular weight (in amu)                             agent, anti-
 1,100,000 daltons, CAS Reg. No.                       settling agent,
 67762-90-7                                            thickening agent
         *        *        *        *        *        *        *
Hexamethyldisilizane, reaction    ..................  Moisture barrier,
 product with silica, minimum      ..                  anti-caking
 number average molecular weight                       agent, anti-
 (in amu) 645,000 daltons, CAS                         settling agent,
 Reg. No. 68909-20-6                                   thickening agent
         *        *        *        *        *        *        *
Silane, dichloromethyl-,          ..................  Moisture barrier,
 reaction product with silica      ..                  anti-caking
 minimum number average                                agent, anti-
 molecular weight (in amu)                             settling agent,
 3,340,000 daltons, CAS Reg. No.                       thickening agent
 68611-44-9
         *        *        *        *        *        *        *
------------------------------------------------------------------------

    (e) *  *  *

[[Page 58404]]



 
------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
------------------------------------------------------------------------
         *        *        *        *        *        *        *
Dimethyl silicone polymer with    ..................  Moisture barrier,
 silica, Minimum number average    ..                  anti-caking
 molecular weight (in amu)                             agent, anti-
 1,100,000 daltons, CAS Reg. No.                       settling agent,
 67762-90-7                                            thickening agent
         *        *        *        *        *        *        *
Hexamethyldisilizane, reaction    ..................  Moisture barrier,
 product with silica, Minimum      ..                  anti-caking
 number average molecular weight                       agent, anti-
 (in amu) 645,000 daltons, CAS                         settling agent,
 Reg. No. 68909-20-6                                   thickening agent
         *        *        *        *        *        *        *
Silane, dichloromethyl-,          ..................  Moisture barrier,
 reaction product with silica,     ..                  anti-caking
 Minimum number average                                agent, anti-
 molecular weight (in amu)                             settling agent,
 3,340,000 daltons, CAS Reg. No.                       thickening agent
 68611-44-9
         *        *        *        *        *        *        *
------------------------------------------------------------------------


[FR Doc. 00-25050 Filed 9-28-00]
BILLING CODE 6560-50-S


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