51388 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations 

Inert ingredients Limits Uses 

* * * * * 

* * * * * ■ 3. In § 180.930, the table is amended 

by adding alphabetically the following 

inert ingredients to read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

* * * * * 

a-alkyl (minimum C6 linear or branched, saturated and or unsaturated)-w-hydroxypolyoxyethylene polymer with or without 

polyoxypropylene, mixture of di- and monohydrogen phosphate 

esters and the corresponding ammonium, calcium, magnesium, 

monoethanolamine, potassium, sodium and zinc salts of the phosphate esters; minimum oxyethylene content averages 2 moles; minimum oxypropylene content is 0 moles (CAS Reg. Nos. 9046–01–9, 

39464–66–9, 50643–20–4, 52019–36–0, 68071–35–2, 68458–48–0, 

68585–36–4, 68815–11–2, 68908–64–5, 68511–37–5, 68130–47–2, 

42612–52–2, 58318–92–6, 60267–55–2, 68070–99–5, 68186–36–7, 

68186–37–8, 68610–65–1, 68071–17–0, 936100–29–7, 936100– 

30–0, 73038–25–2, 78330–24–2, 154518–39–5, 317833–96–8, 

108818–88–8, 873662–29–4, 61837–79–4, 68311–02–4, 68425– 

73–0, 37280–82–3, 68649–29–6, 67711–84–6, 68891–13–4. 

Not to exceed 30% of pesticide 

formulation 

Surfactants, related adjuvants of 

surfactants 

* * * * * 

* * * * * 

[FR Doc. 2010–20708 Filed 8–19–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2002–0185; FRL–8838–3] 

2-methyl-1,3-propanediol; 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 2-methyl-1,3- 

propanediol (CAS Reg. No. 2163-42-0) 

when used as an inert ingredient in 

pesticide formulations applied to 

growing crops and raw agricultural 

commodities after harvest, and when 

used as an inert ingredient solvent and/ 

or surfactant in pesticide formulations 

applied to animals (used for food). 

Lyondell Chemical Company submitted 

a petition to EPA under the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

requesting establishment of an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 2- 

methyl-1,3-propanediol. 

DATES: This regulation is effective 

August 20, 2010. Objections and 

requests for hearings must be received 

on or before October 19, 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–2002–0185. 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: Keri 

Grinstead, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8373; e-mail address: 

grinstead.keri@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Electronic Access to 

Other Related Information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 


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Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations 51389 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. 

C. How Can I File an Objection or 

Hearing Request? 

Under FFDCA section 408(g), 21 

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

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2002–0185 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before October 19, 2010. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit a copy of 

your non-CBI objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2002–0185, 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. Petition for Exemption 

In the Federal Register of August 28, 

2002 (67 FR 55243) (FRL–7194–6), EPA 

issued a notice pursuant to section 408 

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

the filing of a pesticide petition (PP 

2E6484) by Lyondell Chemical 

Company, 1221 McKinney Street, Suite 

1600, Houston, TX 77253-2583. The 

petition requested that 40 CFR part 180 

be amended by establishing an 

exemption from the requirement of a 

tolerance for residues of 2-methyl-1,3- 

propanediol (CAS Reg. No. 2163–42–0) 

in or on all raw agricultural 

commodities. That notice referenced a 

summary of the petition prepared by 

Lyondell Chemical Company, the 

petitioner, which is available in the 

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

There were no comments received in 

response to the notice of filing. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

and emulsifiers. The term ‘‘inert’’ is not 

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish an exemption 

from the requirement for a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

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

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

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

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

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue....’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

appreciable risks to human health. In 

order to determine the risks from 

aggregate exposure to pesticide inert 

ingredients, the Agency considers the 

toxicity of the inert in conjunction with 

possible exposure to residues of the 

inert ingredient through food, drinking 

water, and through other exposures that 

occur as a result of pesticide use in 

residential settings. If EPA is able to 

determine that a finite tolerance is not 

necessary to ensure that there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

inert ingredient, an exemption from the 

requirement of a tolerance may be 

established. 

Consistent with section 408(c)(2)(A) 

of FFDCA, and the factors specified in 

FFDCA section 408(c)(2)(B), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for 2-methyl-1,3- 

propanediol including exposure 

resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with 2-methyl-1,3- 

propanediol follows. 

A. Toxicological Profile 

EPA has evaluated the available 

toxicity data and considered their 

validity, completeness, and reliability as 

well as the relationship of the results of 

the studies 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. 

Acute toxicity studies of 2-methyl-1,3- 

propanediol in the rat indicate that this 

compound is practically non-toxic (EPA 

Toxicity Category IV) by the oral and 

inhalation exposure routes. The oral 

LD50 is greater than 5,000 milligrams/ 

kilogram (mg/kg) and the inhalation 

LC50 is greater than 5,100 mg/m3. It is 

slightly toxic by the dermal exposure 

route (EPA Toxicity Category III) with 

an acute dermal LD50 in rabbits of 

greater than 2,000 mg/kg. Acute 

irritation studies in rabbits indicate that 

2-methyl-1,3-propanediol is not 

irritating to the skin and eyes. Based on 

the results of a dermal sensitization 

study in guinea pigs, 2-methyl-1,3- 

propanediol was determined to have 

mild sensitizing potential. 


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Repeat oral exposure produced no 

toxicity at doses up to and including 

1,000 mg/kg/day. No neurotoxicity 

studies are available; however, no 

clinical signs of neurotoxicity or any 

systemic toxicity were observed in any 

of the available studies. 2-methyl-1,3- 

propanediol was not mutagenic in an in 

vitro chromosome aberration test, 

bacterial gene mutation test, and 

mammalian cell gene mutation assay. 

No developmental, reproductive, or 

teratogenic effects were seen in the 

available studies at doses up to and 

including 1,000 mg/kg/day (highest 

dose tested). 

No carcinogenicity studies are 

available for 2-methyl-1,3-propanediol 

and it has not been evaluated by the 

International Agency for Research on 

Cancer (IARC). Based on available 

studies, there is no evidence of 

genotoxic activity. There is no evidence 

of systemic toxicity at doses up to and 

including 1,000 mg/kg/day in the 

available toxicity studies, such as 14– 

day oral gavage study in rats, 90–day 

oral gavage study in rats, developmental 

toxicity studies in rats and rabbits and 

2-generation reproduction study in rats. 

In addition, a qualitative structure 

activity relationship database, DEREK 

Version 11, identified no structural 

alerts suggestive of carcinogenicity. 

Based on the weight of the evidence, the 

Agency has determined that 2-methyl1,3-propanediol is not anticipated to be 

carcinogenic. 

Specific information on the studies 

received and the nature of the adverse 

effects caused by 2-methyl-1,3- 

propanediol as well as the no-observedadverse-effect-level (NOAEL) and the 

lowest-observed-adverse-effect-level 

(LOAEL) from the toxicity studies can 

be found at http://www.regulations.gov 

in the document ‘‘Decision Document 

for Petition Number 2E6484; 2-methyl1,3-propanediol [CAS Reg. No. 2163– 

42–0], requesting the establishment of 

an inert ingredient exemption from the 

requirement of a tolerance’’ in docket ID 

number EPA–HQ–OPP–2002–0185. 

B. Toxicological Points of Departure/ 

Levels of Concern 

Once a pesticide’s toxicological 

profile is determined, EPA identifies 

toxicological points of departure (POD) 

and levels of concern to use in 

evaluating the risk posed by human 

exposure to the pesticide. For hazards 

that have a threshold below which there 

is no appreciable risk, the toxicological 

POD is used as the basis for derivation 

of reference values for risk assessment. 

PODs are developed based on a careful 

analysis of the doses in each 

toxicological study to determine the 

dose at which no adverse effects are 

observed (the NOAEL) and the lowest 

dose at which adverse effects of concern 

are identified (the LOAEL). Uncertainty/ 

safety factors are used in conjunction 

with the POD to calculate a safe 

exposure level – generally referred to as 

a population-adjusted dose (PAD) or a 

reference dose (RfD) – and a safe margin 

of exposure (MOE). For non-threshold 

risks, the Agency assumes that any 

amount of exposure will lead to some 

degree of risk. Thus, the Agency 

estimates risk in terms of the probability 

of an occurrence of the adverse effect 

expected in a lifetime. For more 

information on the general principles 

EPA uses in risk characterization and a 

complete description of the risk 

assessment process, see http:// 

www.epa.gov/pesticides/factsheets/ 

riskassess.htm. 

There was no hazard identified in 

repeat dose toxicity and reproductive/ 

developmental studies at the limit dose 

of 1,000 mg/kg/day to either parental 

animals or their offspring. Thus, due to 

its low potential hazard and lack of a 

hazard endpoint, the Agency has 

determined that a quantitative risk 

assessment using safety factors applied 

to a point of departure protective of an 

identified hazard endpoint is not 

appropriate. 

2-methyl-1,3-propanediol was not 

mutagenic in an in vitro chromosome 

aberration test, bacterial gene mutation 

test, and mammalian cell gene mutation 

assay and based on the available 

information, it is not anticipated to be 

carcinogenic. 

C. Exposure Assessment 

No hazard was identified for the acute 

and chronic dietary assessment (food 

and drinking water), or for the short, 

intermediate, and long term residential 

assessments, and therefore no aggregate 

risk assessments were performed. 

1. Dietary exposure from food and 

feed uses and drinking water. Since an 

endpoint for risk assessment was not 

identified, an exposure assessment for 

2-methyl-1,3-propanediol was not 

conducted. The primary route of 

exposure to 2-methyl-1,3-propanediol 

from its use as an inert ingredient in 

pesticide products would most likely be 

through consumption of food to which 

pesticide products containing it have 

been applied, and possibly through 

drinking water (from runoff). 

2. From non-dietary exposure. The 

term ‘‘residential exposure’’ is used in 

this document to refer to nonoccupational, non-dietary exposure (e.g. 

textiles (clothing and diapers), carpets, 

swimming pools, and hard surface 

disinfection on walls, floors, tables). 

Since an endpoint for risk assessment 

was not identified, a quantitative 

residential exposure assessment for 2- 

methyl-1,3-propanediol was not 

conducted. Residential (dermal and 

inhalation) exposures from home garden 

uses are possible. 

3. Cumulative effects from 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, 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.’’ 

EPA has not found 2-methyl-1,3- 

propanediol to share a common 

mechanism of toxicity with any other 

substances, and 2-methyl-1,3- 

propanediol does not appear to produce 

a toxic metabolite produced by other 

substances. For the purposes of this 

tolerance action, therefore, EPA has 

assumed that 2-methyl-1,3-propanediol 

does not 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 EPA’s website at http:// 

www.epa.gov/pesticides/cumulative. 

D. Safety Factor for Infants and 

Children 

Section 408(b)(2)(C) of FFDCA 

provides that EPA shall apply an 

additional tenfold (10X) 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 database on toxicity 

and exposure unless EPA determines 

based on reliable data that a different 

margin of safety will be safe for infants 

and children. This additional margin of 

safety is commonly referred to as the 

FQPA Safety Factor (SF). In applying 

this provision, EPA either retains the 

default value of 10X, or uses a different 

additional safety factor when reliable 

data available to EPA support the choice 

of a different factor. 

The toxicity database for 2-methyl1,3-propanediol is adequate for FQPA 

assessment and the potential exposure 

is adequately characterized given the 

low toxicity of the chemical. No hazard 

was identified and there is no residual 

uncertainty regarding prenatal and/or 

postnatal toxicity. No acute or 

subchronic neurotoxicity studies are 

available, but there were no clinical 

signs of neurotoxicity or any systemic 

toxicity observed in the available 

database at doses up to 1,000 mg/kg/ 


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Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations 51391 

day. No developmental, reproductive, or 

teratogenic effects were seen in the 

available studies at doses up to and 

including 1,000 mg/kg/day. 

Based on this information, there is no 

concern, at this time, for increased 

sensitivity to infants and children to 2- 

methyl-1,3-propanediol when used as 

an inert ingredient in pesticide 

formulations for pre-harvest and postharvest uses, as well as, for application 

to animals, and a safety factor analysis 

has not been used to assess risk. For the 

same reason, EPA has determined that 

an additional safety factor is not needed 

to protect the safety of infants and 

children. 

E. Aggregate Risks and Determination of 

Safety 

Given the lack of concern for hazard 

posed by 2-methyl-1,3-propanediol, 

EPA concludes that there are no dietary 

or aggregate dietary/non-dietary risks of 

concern as a result of exposure to 2- 

methyl-1,3-propanediol in food and 

water or from residential exposure. 

Residues of concern are not anticipated 

for dietary exposure (food and drinking 

water) or for residential exposure from 

the use of 2-methyl-1,3-propanediol as 

an inert ingredient in pesticide 

products. As discussed above, EPA 

expects aggregate exposure to 2-methyl1,3-propanediol to pose no appreciable 

dietary risk given that the data show a 

lack of any systemic toxicity at doses up 

to 1,000 mg/kg/day and a lack of any 

apparent developmental effects. 

Taking into consideration all available 

information on 2-methyl-1,3- 

propanediol, EPA has determined that 

there is a reasonable certainty that no 

harm to any population subgroup will 

result from aggregate exposure to 2- 

methyl-1,3-propanediol under 

reasonably foreseeable circumstances. 

Therefore, the establishment of an 

exemption from tolerance under 40 CFR 

180.910 and 180.930 for residues of 2- 

methyl-1,3-propanediol when used as 

an inert ingredient in pesticide 

formulations applied to growing crops, 

raw agricultural commodities after 

harvest, and to animals (used for food), 

is safe under FFDCA section 408. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

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

The Codex Alimentarius is a joint U.N. 

Food and Agriculture Organization/ 

World Health Organization food 

standards program, and it is recognized 

as an international food safety 

standards-setting organization in trade 

agreements to which the United States 

is a party. EPA may establish a tolerance 

that is different from a Codex MRL; 

however, FFDCA section 408(b)(4) 

requires that EPA explain the reasons 

for departing from the Codex level. 

The Codex has not established a MRL 

for 2-methyl-1,3-propanediol. 

VI. Conclusions 

Therefore, an exemption from the 

requirement of a tolerance is established 

under 40 CFR 180.910 and 40 CFR 

180.930 for 2-methyl-1,3-propanediol 

(CAS Reg. No. 2163–42–0) when used as 

an inert ingredient in pesticide 

formulations applied to growing crops, 

raw agricultural commodities after 

harvest, and to animals (used for food). 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

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

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

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

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (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). 

VIII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 


jdjones on DSK8KYBLC1PROD with RULES
51392 Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations 

Dated: August 10, 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, the table is amended 

by adding 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 

* * * * * * * 

2-methyl-1,3-propanediol (CAS Reg. No. 2163–42–0) ................................... Solvent, surfactant 

* * * * * * * 

* * * * * ■ 3. In § 180.930, the table is amended 

by adding alphabetically the following 

inert ingredient to read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

* * * * * * * 

2-methyl-1,3-propanediol (CAS Reg. No. 2163–42–0) ................................... Solvent, surfactant 

* * * * * * * 

[FR Doc. 2010–20581 Filed 8–19–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 272 

[EPA–R02–RCRA–2010–0249; FRL–9178–8] 

New York: Incorporation by Reference 

of State Hazardous Waste Management 

Program 

Correction 

In rule document 2010–18927 

beginning on page 45489 in the issue of 

Tuesday, August 3, 2010, make the 

following correction: 

Appendix A to Part 272 [Corrected] 

On page 45494, in Appendix A to Part 

272, in the first column, in the second 

paragraph ‘‘Note:’’ should read ‘‘1Note:’’. 

[FR Doc. C1–2010–18927 Filed 8–19–10; 8:45 am] 

BILLING CODE 1505–01–D 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–117 

[FMR Amendment 2010–03; FMR Case 

2010–102–2; Docket Number 2010–0011, 

sequence 1] 

RIN 3090–AJ03 

Federal Management Regulation; 

Transportation Management 

AGENCY: Office of Governmentwide 

Policy, General Services Administration 

(GSA). 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is amending the 

Federal Management Regulation (FMR) 

by updating its coverage on 

transportation management. This final 

rule updates definitions and corrects 

mailing and Web site addresses. 

DATES: Effective Date: This final rule is 

effective August 20, 2010. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, Room 4041, GS 

Building, Washington, DC 20405, (202) 

501–4755, for information pertaining to 

status or publication schedules. For 

clarification of content, contact Patrick 

O’Grady at (202) 208–4493. Please cite 

FMR case 2010–102–2, Amendment 

2001–03. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Part 102–117 of the Federal 

Management Regulation (FMR) (41 CFR 

part 102–117, Transportation 

Management) was last reviewed and 

amended in 2004. GSA collaborated 

with eight agencies to conduct a review 

and determine if 41 CFR part 102–117 

is still current and accurate. This final 

rule reflects the changes recommended 

by GSA and the other eight agencies. 

B. Substantive changes 

This final rule— 

• Revises the definitions of the 

following terms: Accessorial charges, 

Agency, Consignor, Detention, 

Government Bill of Lading; and 

• Revises addresses and Web sites for 

the GSA Federal Acquisition Service 

(FAS) and other GSA business lines that 

were reorganized, as well as the 

Department of Transportation, Maritime 

Administration (MARAD). 

C. Executive Order 12866 

GSA has determined that this final 

rule is a significant regulatory action for 

the purposes of Executive Order 12866. 

D. Regulatory Flexibility Act 

This final rule will not have a 

significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the revisions are not considered 

substantive. This final rule is also 

exempt from the Regulatory Flexibility 

Act per 5 U.S.C. 553(a)(2) because it 

applies to agency management. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FMR do not impose information 


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