```

[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Rules and Regulations]
[Pages 25236-25240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10889]

[[Page 25236]]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-1077; FRL-8873-1]

Carbon Dioxide; 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 carbon dioxide (CAS Reg. No. 124-38-9) 
when used as an inert ingredient as a propellant in pre-harvest and 
post-harvest applications and when applied to animals. Whitmire Micro-
Gen Research Laboratories, Inc., c/o Landis International, Inc. 
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 carbon dioxide.

DATES: This regulation is effective May 4, 2011. Objections and 
requests for hearings must be received on or before July 5, 2011, 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-2007-1077. 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: P. V. Shah, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-1846; e-mail address: shah.pv@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 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-2007-1077 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 
July 5, 2011. 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 78, 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-2007-1077, 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 December 22, 2010 (75 FR 80489) (FRL-
8857-8), EPA issued a notice pursuant to section 408 of FFDCA, 21 
U.S.C. 346a, announcing the filing of a pesticide petition (PP 0E7811) 
by Whitmire Micro-Gen Research Laboratories, Inc., c/o Landis 
International, Inc., P.O. Box 5126, Valdosta, GA 31603-5126. The 
petition requested that 40 CFR 180.910 and 40 CFR 180.930 be amended by 
establishing an exemption from the requirement of a tolerance for 
residues of carbon dioxide (CAS Reg. No. 124-38-9) when used as an 
inert ingredient as a propellant in pesticide formulations applied pre-
harvest and post-harvest under 40 CFR 180.910 and applied to animals 
under 40 CFR 180.930. That notice referenced a summary of the petition 
prepared by Whitmire Micro-Gen Research Laboratories, Inc., c/o Landis 
International, Inc., the petitioner, which is available in the docket, 
http://www.regulations.gov. (Docket ID number EPA-HQ-OPP-2007-1077). 
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

[[Page 25237]]

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 carbon dioxide including 
exposure resulting from the exemption established by this action. EPA's 
assessment of exposures and risks associated with carbon dioxide 
follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data for carbon dioxide 
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. The primary sources of data for this 
assessment are the U.S. EPA's 1991, Reregistration Eligibility Decision 
document (RED) that included carbon dioxide (US EPA RED, 1991), and the 
Report of the FQPA Tolerance Reassessment Progress and Risk Management 
Decision (TRED) for Carbon Dioxide issued by EPA in 2004. The Agency 
has not found any more recent information that would change the 
conclusions found in these documents. Therefore, these documents are 
being used to evaluate the proposed exemption from the requirement of a 
tolerance for use as an inert ingredient as a propellant applied pre-
harvest and post-harvest under 40 CFR 180.910 and applied to animals 
under 40 CFR 180.930. Specific information on the studies received and 
the nature of the adverse effects caused by carbon dioxide can be found 
in these documents at http://www.regulations.gov, ``Reregristration 
Eligibility Document (RED) for Carbon and Carbon Dioxide'', ``Lower 
Risk Pesticide Chemical Focus Group's Assessment for Carbon Dioxide 
Tolerance Reassessment (TRED)'', and ``PC code 800029; Decision 
Document for Pesticide Petition 0E7811; Carbon Dioxide (CAS Reg. No. 
124-38-9) for Use as an Inert Ingredient as a Propellant Applied Pre-
Harvest and Post-Harvest Under 40 CFR 180.910 and For Use on Animals 
Under 40 CFR 180.930.'' found in docket ID number EPA-HQ-OPP-2007-1077.
    The toxicology data for carbon dioxide are all derived from 
inhalation studies using high concentrations of carbon dioxide. 
Although these data show carbon dioxide does pose some hazard at 
concentrations well above normal atmospheric levels, these data have 
limited relevance to evaluating the safety of carbon dioxide residues 
in food. Because it is a gas, carbon dioxide would be expected to leave 
little or no residues on plant commodities, and, to the extent carbon 
dioxide is absorbed by the plant, it would likely be converted by the 
photosynthesis process into sugars and other organic compounds that are 
not of toxicological concern.
    In evaluating the human toxicity of carbon dioxide, it is relevant 
to consider that ``carbon dioxide is produced by the body's metabolism 
and is always present in the body at about 6 percent concentration. An 
average adult human will produce more than 500g of carbon dioxide daily 
under resting conditions, and will produce much more when active.'' (US 
EPA RED, 1991). It is on this basis that the Food and Drug 
Administration has classified carbon dioxide as Generally Recognized As 
Safe (21 CFR 184.1240) as a direct food additive. As the discussion in 
Unit IV.D. on exposure reveals, even worst case theoretical levels of 
carbon dioxide residues in food would be dwarfed by normal body levels 
of carbon dioxide.

B. Toxicological Points of Departure/Levels of Concern

    Considering its presence in the environment and in the human body, 
the additional toxicological contribution of carbon dioxide through the 
proposed use is expected to be minimal. Therefore, the Agency has 
determined that a qualitative assessment for all pathways of human 
exposure to carbon dioxide (food, drinking water, and residential) is 
appropriate.

 C. Aggregate Exposures

    1. Dietary exposures (from food and drinking water). In evaluating 
dietary exposure to carbon dioxide, EPA considered exposure under the 
proposed exemption from the requirement of a tolerance. EPA assessed 
dietary exposures from carbon dioxide in food and drinking water as 
follows:
    No residue data were submitted for carbon dioxide; however, carbon 
dioxide is not expected to accumulate in treated raw agricultural 
commodities, rather, it will diffuse into the atmosphere following 
application due to its physical and chemical properties. In the absence 
of reliable data regarding dietary exposures to carbon dioxide, the

[[Page 25238]]

Agency assessed dietary exposure using its highly conservative Dietary 
Exposure Evaluation Model software with the Food Commodity Intake 
Database (DEEM-FCID \TM\, Version 2.03). This approach uses surrogate 
information to derive upper bound exposure estimates for the subject 
inert ingredient. Upper bound exposure estimates are based on the 
highest tolerance for a given commodity from a list of high-use 
insecticides, herbicides, and fungicides. A complete description of the 
general approach taken to assess inert ingredient risks in the absence 
of residue data is contained in the memorandum entitled ``Alkyl Amines 
Polyalkoxylates (Cluster 4): Acute and Chronic Aggregate (Food and 
Drinking Water) Dietary Exposure and Risk Assessments for the Inerts.'' 
(D361707, S. Piper, 2/25/09) and can be found at http://www.regulations.gov in docket ID number EPA-HQ-OPP-2008-0738.
    The Agency believes the assumptions used to estimate dietary 
exposures led to an extremely conservative assessment of dietary risk 
due to a series of compounded conservatisms. For example, the model 
assumes that the inert ingredients are used on all commodities and that 
residues will be present for every consumed commodity at the highest 
tolerance level residue for all food forms (including meat, milk, 
poultry, and eggs), using default processing factors for dried 
commodities and assuming that 100% of all crops are ``treated'' with 
the inert ingredient. In addition, a default concentration of 100 parts 
per billion (ppb) was assumed for the inert ingredient residues in 
drinking water. Accordingly, although sufficient information to 
quantify actual residue levels in food is not available, the 
compounding of these conservative assumptions will lead to a 
significant exaggeration of actual exposures. EPA does not believe that 
this approach underestimates exposure in the absence of residue data. 
Even with the extremely conservative nature of this screening level 
model, the estimated dietary (food and drinking water) exposures from 
carbon dioxide when used in pesticide formulations are 10,000 fold less 
than the amount of carbon dioxide naturally produced by the human body 
each day.
    2. Non-dietary exposure. The term ``residential exposure'' is used 
in this document to refer to non-occupational, non-dietary exposure 
(e.g., textiles (clothing and diapers), carpets, swimming pools, and 
hard surface disinfection on walls, floors, tables). Obviously, humans 
are exposed through respiration to carbon dioxide in the atmosphere. 
Dietary exposure from naturally-carbonated and artificially-carbonated 
beverages is also ubiquitous. The discussion in this Unit focuses on 
additional exposures from use of carbon dioxide as a propellant in 
pesticide products.
    i. Dermal exposure. In evaluating the potential for exposure from 
the use of carbon dioxide in residential pesticide products, dermal 
exposures of concern are not anticipated due to its physical and 
chemical properties and dissipating nature.
    ii. Inhalation exposures. Inhalation is the primary route of 
exposure from carbon dioxide because of its high vapor pressure. 
Because of the potential increased risk to acute inhalation exposure 
from indoor uses, EPA used its conservative Exposure and Fate 
Assessment Screening Tool (E-FAST v.2.0) screening level model to 
estimate the potential for inhalation exposures from indoor uses of 
carbon dioxide as a propellant in residential pesticide products. E-
Fast was developed by EPA's Office of Pollution, Prevention and Toxics 
as a tool to estimate concentrations of chemicals released from 
consumer products. Modeled estimates of concentrations and doses are 
designed to significantly overestimate exposures for use in a screening 
level assessment. For carbon dioxide, E-FAST's aerosol paint scenario 
was selected because it potentially resembles a use of a residential 
pesticide product using carbon dioxide as a propellant. This scenario 
estimates potential acute inhalation exposure over 20 minutes of 
aerosol paint use in an enclosed utility room. The Agency considers an 
acute inhalation exposure to be a single event occurring over a period 
of less than 24 hours. In this case, the E-FAST model generated 
estimates of exposure are expected to be greater than what is 
reasonably anticipated from the use of carbon dioxide as an inert 
ingredient in residential-use pesticide products. The concentration of 
carbon dioxide in aerosol paint products used in the E-FAST model was 
100%. The results of the conservative E-FAST modeling show a peak 
concentration potential of 4,923 parts per million (ppm) (8,860 mg/
m\3\). EPA does not expect actual exposure from residential use of 
carbon dioxide as a propellant as an inert ingredient in pesticide 
products to exceed these modeling estimates (peak concentration 
potential of 4,923 ppm (8,860 mg/m\3\)) and expects that outdoor 
exposure concentrations would also be lower.
    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 carbon dioxide to share a common mechanism of 
toxicity with any other substances, and carbon dioxide does not appear 
to produce a toxic metabolite produced by other substances. For the 
purposes of this tolerance action, therefore, EPA has assumed that 
carbon dioxide 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 Web site at http://www.epa.gov/pesticides/cumulative.

D. Safety Factor for Infants and Children

    In general. 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.
    EPA has not used a quantitative risk assessment approach based on 
safety factors for carbon dioxide residues given that normal 
atmospheric levels of carbon dioxide do not pose a hazard, carbon 
dioxide is necessary to the proper functioning of the human body, and 
exposure to carbon dioxide residues from use in pesticide products is 
miniscule compared to existing environmental levels. For the same 
reasons, an additional safety factor to protect children is not needed.

E. Aggregate Risks and Determination of Safety

    EPA expects aggregate exposure to carbon dioxide residues to pose 
no appreciable risk to human health given that normal atmospheric 
levels of carbon dioxide do not pose a hazard. Carbon dioxide is 
necessary to the proper functioning of the human body, and it is 
unlikely that the use of carbon

[[Page 25239]]

dioxide as an inert ingredient as a propellant in pesticide products 
will result in residues in food that measurably add to carbon dioxide 
exposure. Even potential non-dietary acute inhalation exposure from 
indoor uses was conducted using the extremely conservative E-FAST 
screening level model (described under Unit IV.C.2b), showed maximum 
levels of exposure of 4,923 ppm, well below the maximum permitted 
exposure limits established as safe by Office of Safety Health 
Administration (OSHA) or National Institute of Occupational and Health 
(NIOSH) (30,000 ppm).
    Taking into consideration all available information on carbon 
dioxide, EPA has determined that there is a reasonable certainty that 
no harm to any population subgroup, including infants and children, 
will result from aggregate exposure to carbon dioxide under reasonably 
foreseeable circumstances. Therefore, the establishment of an exemption 
from tolerance for residues of carbon dioxide (CAS Reg. No. 124-38-9) 
when used as an inert ingredient as a propellant in pesticide 
formulations applied pre- and post-harvest under 40 CFR 180.910 and 
when applied to animals under 40 CFR 180.930 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 carbon dioxide.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is 
established under 40 CFR 180.910 and 40 CFR 180.930 for residues of 
carbon dioxide (CAS Reg. No. 124-38-9) when used as an inert ingredient 
in pesticide formulations as a propellant in pre- and post-harvest 
applications under 40 CFR 180.910 and when applied to animals under 40 
CFR 180.930.

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) (Pub. L. 104-4).
    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note).

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 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: April 26, 2011.
G. Jeffrey Herndon,
Acting Director, Registration Division, Office of Pesticide Programs.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. In Sec.  180.910, the table is amended by adding alphabetically the 
following inert ingredient to read as follows:

Sec.  180.910  Inert ingredients used pre-harvest and post-harvest; 
exemptions from the requirement of a tolerance.

* * * * *

[[Page 25240]]

------------------------------------------------------------------------
        Inert ingredients                Limits               Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Carbon Dioxide (CAS Reg. No. 124-  None..............  Propellant.
 38-9).
 
                              * * * * * * *
------------------------------------------------------------------------

0
3. In Sec.  180.930, the table is amended by adding alphabetically the 
following inert ingredient to read as follows:

Sec.  180.930  Inert ingredients applied to animals; exemptions from 
the requirement of a tolerance.

* * * * *

------------------------------------------------------------------------
        Inert ingredients                Limits               Uses
------------------------------------------------------------------------
 
                              * * * * * * *
Carbon Dioxide (CAS Reg. No. 124-  None..............  Propellant.
 38-9).
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2011-10889 Filed 5-3-11; 8:45 am]
BILLING CODE 6560-50-P
```