14082 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

TABLE A–4 OF SUBPART A—SOURCE CATEGORY LIST FOR § 98.2(a)(2)—Continued 

Lead production (subpart R). 

Pulp and paper manufacturing (subpart AA). 

Zinc production (subpart GG). 

Additional Source Categories 1 Applicable in 2011 and Future Years 

(Reserved) 

1 Source categories are defined in each applicable subpart. 

TABLE A–5 OF SUBPART A—SUPPLIER CATEGORY LIST FOR § 98.2(a)(4) 

Supplier Categories 1 Applicable in 2010 and Future Years 

Coal-to-liquids suppliers (subpart LL): 

(A) All producers of coal-to-liquid products. 

(B) Importers of an annual quantity of coal-to-liquid products that is equivalent to 25,000 metric tons CO2e or more. 

(C) Exports of an annual quantity of coal-to-liquid products that is equivalent to 25,000 metric tons CO2e or more. 

Petroleum product suppliers (subpart MM): 

(A) All petroleum refineries that distill crude oil. 

(B) Importers of an annual quantity of petroleum products that is equivalent to 25,000 metric tons CO2e or more. 

(C) Exporters of an annual quantity of petroleum products that is equivalent to 25,000 metric tons CO2e or more. 

Natural gas and natural gas liquids suppliers (subpart NN): 

(A) All fractionators. 

(B) All local natural gas distribution companies. 

Industrial greenhouse gas suppliers (subpart OO): 

(A) All producers of industrial greenhouse gases. 

(B) Importers of industrial greenhouse gases with annual bulk imports of N2O, fluorinated GHG, and CO2 that in combination are equivalent 

to 25,000 metric tons CO2e or more. 

(C) Exporters of industrial greenhouse gases with annual bulk exports of N2O, fluorinated GHG, and CO2 that in combination are equivalent 

to 25,000 metric tons CO2e or more. 

Carbon dioxide suppliers (subpart PP): 

(A) All producers of CO2. 

(B) Importers of CO2 with annual bulk imports of N2O, fluorinated GHG, and CO2 that in combination are equivalent to 25,000 metric tons 

CO2e or more. 

(C) Exporters of CO2 with annual bulk exports of N2O, fluorinated GHG, and CO2 that in combination are equivalent to 25,000 metric tons 

CO2e or more. 

Additional Supplier Categories Applicable 1 in 2011 and Future Years 

(Reserved) 

1 Suppliers are defined in each applicable subpart. 

[FR Doc. C1–2010–5695 Filed 3–23–10; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0652; FRL–8809–6] 

Ammonium Salts of Fatty Acids (C8-C18

Saturated); Exemption from the 

Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of ammonium 

salts of fatty acids (C8-C18 saturated) 

applied pre- and post-harvest on all raw 

agricultural commodities when applied/ 

used as a surfactant. Falcon Lab, LLC. 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an exemption from 

the requirement of a tolerance. This 

regulation eliminates the need to 

establish a maximum permissible level 

for residues of ammonium salts of fatty 

acids (C8-C18 saturated). 

DATES: This regulation is effective 

March 24, 2010. Objections and requests 

for hearings must be received on or 

before May 24, 2010, 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–2008–0652. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the 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 Dr., Arlington, VA. The 

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

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Deirdre Sunderland, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 603–0851; e-mail address: 

sunderland.deirdre@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 14083 

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? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR cite at http:// 

www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

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

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. 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–2008–0652 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 24, 2010. 

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–2008–0652, 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 Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’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 Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

In the Federal Register of September 

5, 2008 (73 FR 51817) (FRL–8380–4), 

EPA issued a notice pursuant to section 

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

amended by the Food Quality Protection 

ACT (FQPA) (Public Law 104–170), 

announcing the filing of a pesticide 

petition (PP 8E7402) by Falcon Lab, 

LLC, 1103 Norbee Drive, Wilmington, 

DE 19803. The petition requested that 

40 CFR 180.910 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of ammonium salts of fatty acids (C8-C18

saturated) when used as an inert 

ingredient in pesticide formulations 

applied pre- and post-harvest. A request 

for a tolerance exemption under 40 CFR 

180.950 was withdrawn by the 

company. That notice included a 

summary of the petition prepared by the 

petitioner. There were no comments 

received in response to the notice of 

filing. 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . .’’ 

EPA performs a number of analyses to 

determine the risks from aggregate 

exposure to pesticide residues. First, 

EPA determines the toxicity of 

pesticides. Second, EPA examines 

exposure to the pesticide through food, 

drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. 

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. Toxicological Profile 

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. The 

nature of the toxic effects caused by 

ammonium salts of fatty acids (C8-C18

saturated) are discussed in this unit. 

The following provides a brief summary 

of the risk assessment and conclusions 

for the Agency’s review of ammonium 

salts of fatty acids (C8-C18 saturated). 

The Agency’s full decision document 

for this action is available in the 

Agency’s electronic docket 

(regulations.gov) under the docket ID 

number EPA–HQ–OPP–2008–0652. 

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14084 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

Ammonium salts of fatty acids are 

mineral salts of naturally occurring fatty 

acids found in the environment. Fatty 

acids play a significant role in the 

normal diet of humans, animals, and 

plants and currently have Food and 

Drug Administration and EPA approved 

uses in food products. They are 

naturally present in commonly eaten 

fats and oils, accounting for 

approximately 30 to 40% of the caloric 

intake in the U.S. diet (~ 90 grams/day). 

They are also found in cosmetics and 

household cleaning products. 

Ammonium salts of fatty acids have 

shown to be of low toxicity via the oral 

and dermal routes of exposure, Toxicity 

category IV and III, respectively (40 CFR 

156.62). When applied for long periods 

of time, they have the potential to be 

dermal irritants. In addition, ammonium 

salts of fatty acids are eye irritants and 

have the potential to cause permanent 

eye injury. Limited data are available 

regarding the inhalation toxicity of soap 

salts; however, they are anticipated to 

be irritating via the inhalation route of 

exposure. 

A subchronic range finding study did 

not see any significant systemic toxicity 

from nonanoic acid (C9 saturated) given 

to rats at doses up to 1,834 milligrams/ 

kilograms/day (mg/kg/day). Ammonium 

salts of fatty acids are not believed to be 

mutagenic or carcinogenic. When used 

at very high doses, potassium salts of 

fatty acids (a chemical belonging to the 

same chemical group) caused 

reproductive effects (post-implantation 

mortality at 6,000 mg/kg/day (6 times 

the limit dose of 1,000 mg/kg/day) on 

days 2 to 13 of pregnancy and musculoskeletal abnormalities observed at 600 

mg/kg/day); however, studies on 

ammonium salts of fatty acids did not 

show developmental or mutagenic 

effects in rats at doses up to 1,500 mg/ 

kg/day. In addition, no signs of 

neurotoxicity or carcinogencity were 

observed. Although reproductive/ 

developmental effects were seen at very 

high doses in a study on a structurally 

similar chemical, these effects were not 

observed in studies on the actual inert 

ingredient at doses up to 1,500 mg/kg/ 

day. Based on the available evidence the 

Agency does not believe that 

ammonium salt of fatty acids (C8-C18

saturated) when used as an inert 

ingredient in pesticide products will 

cause reproductive or developmental 

effects. Due to the low toxicity of 

ammonium soap salts and the natural 

occurrence of fatty acids in the 

environment and food products, a 

chronic study was not required. 

V. Aggregate Exposures 

In examining aggregate exposure, 

section 408 of FFDCA directs EPA to 

consider available information 

concerning exposures from the pesticide 

residue in food and all other nonoccupational exposures, including 

drinking water from ground water or 

surface water and exposure through 

pesticide use in gardens, lawns, or 

buildings (residential and other indoor 

uses). 

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. 

Fatty acids are an essential 

component of the mammalian diet and 

the body is able to metabolize these 

soap salts and use them as an energy 

source. Due to the self-limiting nature of 

these chemicals (e.g. unpleasant taste 

and odor, herbicidal properties), their 

natural occurrence in the environment, 

their rapid environmental degradation 

and low toxicity, and their presence in 

commonly eaten foods (both naturally 

and intentionally added), a quantitative 

exposure assessment was not 

performed. The anticipated exposure 

from the use of ammonium salts of fatty 

acids as inert ingredients in pesticide 

products is expected to be minimal and 

is not anticipated to significantly 

increase the overall exposure to all 

populations including infants and 

children. 

Because of their strong soil adsorption 

and the rapid degradation of ammonium 

salts of fatty acids they are not expected 

to reach surface water via runoff nor are 

they expected to leach into ground 

water. Based on the physical/chemical 

properties, volatilization from soils and 

water is not expected. There is no 

expected translocation into plants. 

Ammonium salts of fatty acid are not 

likely to persist in the environment and 

are expected to be indistinguishable 

from naturally occurring ammonium 

ions and fatty acids already present in 

the environment as a result of plant 

metabolism and formation by soil 

microbes. 

VI. Cumulative Effects 

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

requires that, when considering whether 

to establish, modify, or revoke a 

tolerance, the Agency consider 

‘‘available information’’ concerning the 

cumulative effects of a particular 

pesticide’s residues and ‘‘other 

substances that have a common 

mechanism of toxicity.’’ 

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 

ammonium salts of fatty acids (C8-C18

saturated) and any other substances, and 

these chemicals do not appear to 

produce a toxic metabolite produced by 

other substances. For the purposes of 

this tolerance action, therefore, EPA has 

not assumed that these chemicals have 

a 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 of toxicity on EPA’s website 

at http://ww.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 exposure (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 determines that a different margin 

of exposure (safety) will be safe for 

infants and children. There was no 

evidence of systemic toxicity or 

developmental toxicity in rats at doses 

up to 1,500 mg/kg/day in a 

developmental toxicity study (Master 

Record Identification Number 

43843508) on pelargonic acid 

(nonanoate acid). The study showed no 

adverse effect of treatment on clinical 

signs, body weights, weight gain, or 

food/water consumption. No fetal 

toxicity attributed to the effects of 

treatment was observed between the 

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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 14085 

treated (1,500 mg/kg/day) or the 

untreated controls. Similarly, no 

systemic toxicity was observed at doses 

up to and including 1,837 mg/kg/day in 

a 14–day toxicity study in rats. No 

clinical signs of neurotoxicity were seen 

in any of the repeat dose studies. Since 

there was no hazard identified to adults 

and developing fetuses EPA did not use 

a safety factor analysis in assessing risks 

to ammonium salts of fatty acids (C8-C18

saturated). For similar reasons, EPA 

determined that an additional safety 

factor to protect infants and children is 

not needed. 

VIII. Determination of Safety for U.S. 

Population 

As noted in Unit IV, ammonium salts 

of fatty acids are not expected to pose 

an acute risk. Because of the low oral 

and dermal toxicity, the rapid 

degradation of the chemical, and the 

natural presence of fatty acids in the 

environment, the Agency concluded 

that aggregate exposure will result in 

minimal risk to all subpopulations, 

including infants and children. Since 

the inhalation route is not a likely 

exposure pathway the anticipated risk 

from inhalation exposure is also 

considered minimal. 

Taking into consideration all available 

information on ammonium salts of fatty 

acids (C8-C18 saturated), it has been 

determined that there is a reasonable 

certainty that no harm to any population 

subgroup, including infants and 

children, will result from aggregate 

exposure to this chemical. Therefore, 

the exemption from the requirement of 

a tolerance for residues of ammonium 

salts of fatty acids (C8-C18 saturated) 

(CAS Reg. No. 5972–76–9, 63718–65–0, 

16530–70–4, 32582–95–9, 2437–23–2, 

191799–95–8, 16530–71–5, 93917–76–1, 

5297–93–8, 94266–36–1, 1002–89–7), 

when used as inert ingredient in preand post-harvest applications, under 40 

CFR 180.910 can be considered safe 

under section 408(q) of the FFDCA. 

IX. Other Considerations 

A. Analytical Method 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. Existing Exemptions 

Ammonium stearate (C18 saturated; 

CAS Reg. No. 1002–89–7), one of the 

soap salts, has been approved as an inert 

ingredient under 40 CFR 180.910. In 

addition, 40 CFR 180.1284 established 

an exemption from the requirement of a 

tolerance for residues of the active 

ingredient ammonium salts of higher 

fatty acids (C8-C18 saturated; C8-C12

unsaturated) in or on all food 

commodities when applied for the 

suppression and control of a wide 

variety of grasses and weeds. 

C. International Tolerances 

The Agency is not aware of any 

country requiring a tolerance for 

ammonium salts of fatty acids (C8-C18

saturated) nor have any CODEX 

Maximum Residue Levels (MRLs) been 

established for any food crops at this 

time. 

X. Conclusions 

Therefore, a tolerance exemption is 

established for Ammonium salts of fatty 

acids (C8-C18 saturated) (CAS Reg. No. 

5972–76–9, 63718–65–0, 16530–70–4, 

32582–95–9, 2437–23–2, 191799–95–8, 

16530–71–5, 93917–76–1, 5297–93–8, 

94266–36–1, 1002–89–7) when used as 

inert ingredient in pesticide 

formulations applied to pre- and postharvest crops only. 

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 final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

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

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the 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. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 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 final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

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14086 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

Dated: March 11, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In §180.910, in the table add 

alphabetically the following inert 

ingredient to read as follows: 

§ 180.910 Inert ingredients used pre- and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

* * * * ** *

Ammonium salts 

of fatty acids 

(C8-C18 saturated) (CAS 

Reg. No. 5972– 

76–9, 63718– 

65–0, 16530– 

70–4, 32582– 

95–9, 2437–23– 

2, 191799–95– 

8, 16530–71–5, 

93917–76–1, 

5297–93–8, 

94266–36–1, 

1002–89–7) 

Surfactant 

* * * * ** *

[FR Doc. 2010–6495 Filed 3–23–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0092; FRL–8814–2] 

Clopyralid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of clopyralid in 

or on Swiss chard and bushberry 

subgroup 13-07B. This regulation 

additionally amends an existing 

tolerance in or on strawberry. 

Interregional Research Project Number 4 

(IR-4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

March 24, 2010. Objections and requests 

for hearings must be received on or 

before May 24, 2010, 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–2009–0092. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the 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 Dr., Arlington, VA. The 

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

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; e-mail address: 

nollen.laura@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 those engaged in the 

following activities: 

• 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 to provide 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 Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

To access the OPPTS harmonized test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gpo/oppts and select ‘‘Test 

Methods and Guidelines.’’ 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

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

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0092 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 

as required by 40 CFR part 178 on or 

before May 24, 2010. 

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 this copy, 

identified by docket ID number EPA– 

HQ–OPP–2009–0092, 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 Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

WReier-Aviles on DSKGBLS3C1PROD with RULES