27126 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) 

* * * * * 

700 Special Standards 

* * * * * 

707 Periodicals 

* * * * * 

6.0 Qualification Categories 

6.1 General Publications 

* * * * * 

6.1.2 Circulation Standards 

General publications must meet these 

circulation standards: 

* * * * * 

[Revise the first sentence in f as 

follows:] 

f. At least 50% of a publication’s 

distribution must be to persons who 

have paid above a nominal price. (For 

explanation of how electronic copies 

may be included, see 6.5.) * * * 

* * * * * 

6.4 Requester Publications 

* * * * * 

6.4.2 Circulation Standards 

Requester publications must meet 

these circulation standards: 

* * * * * 

[Revise item b as follows:] 

b. Subscription copies of the 

publications that are paid for or 

promised to be paid for, including those 

at or below a nominal price, may be 

included in the determination of 

whether the 50% request requirement is 

met. (For explanation of how electronic 

copies may be included, see 6.5.) 

* * * * * 

[Renumber current 6.5 through 6.6 as 

new 6.6 through 6.7 and add new 6.5 as 

follows:] 

6.5 Electronic Copies 

Copies of Periodicals publications 

distributed through email or by 

accessing a password protected Web site 

may be counted toward an approved or 

pending general or requester 

publication’s eligibility for Periodicals 

prices. The following conditions 

additionally apply: 

a. Electronic copies that may be 

counted toward a publication’s 

eligibility for Periodicals prices: 

1. Must be paid at a price above 

nominal rate for publications approved 

in the General category; or 

2. Must be requested in writing or by 

electronic correspondence for 

publications approved in the Requester 

category. 

b. Electronic copies of a Periodicals 

publication for which access is offered 

free in conjunction with printed copies 

of the same issues may not be counted 

when determining total circulation for 

the publication. 

c. At least 40% of the total circulation 

of each issue must consist of printed 

copies distributed to paying subscribers 

or requesters, as applicable. Up to 10% 

of the distributed copies used to qualify 

or remain eligible for Periodicals prices 

may be copies that are paid or requested 

to be sent electronically. 

d. If less than 60% of a Periodicals 

publication’s total circulation consists 

of printed copies distributed to paying 

subscribers or requesters, as applicable, 

annual Postal eligibility audits must be 

conducted by a certified audit bureau. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Legal Policy and Legislative Advice. 

[FR Doc. 2012–11107 Filed 5–8–12; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0526; FRL–9340–2] 

α-(p-Nonylphenol)-whydroxypoly(oxyethylene) Sulfate and 

Phosphate Esters; 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 a-(pnonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts when 

used as inert ingredients at levels not to 

exceed 7% in pesticide formulations 

applied to growing crops, raw 

agricultural commodities after harvest 

and animals. The Joint Inerts Task 

Force, (JITF) Cluster Support Team 

Number (CST) 9 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 a-(p-nonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts. 

DATES: This regulation is effective May 

9, 2012. Objections and requests for 

hearings must be received on or before 

July 9, 2012, 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–2011–0526. 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: 

Kerry Leifer, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8811; email address: 

leifer.kerry@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 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations 27127 

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://ecfr.

gpoaccess.gov/cgi/t/text/text-idx?&c=

ecfr&tpl=/ecfrbrowse/Title40/40tab_

02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

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–2011–0526 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 9, 2012. 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–2011–0526, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

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 

In the Federal Register of August 26, 

2011 (76 FR 53372) (FRL–8884–9), EPA 

issued a notice pursuant to FFDCA 

section 408, 21 U.S.C. 346a, announcing 

the filing of a pesticide petition (PP 

1E7860) by Joint Inerts Task Force, 

Cluster Support Team 9, c/o CropLife 

America, 1156 15th St. NW., Suite 400, 

Washington, DC 20005. 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 a-(p-nonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts when 

used as inert ingredients at levels not to 

exceed 7% in pesticide formulations 

applied to growing crops and raw 

agricultural commodities after harvest 

and to animals. That notice referenced 

a summary of the petition prepared by 

JITF, CST 9, the petitioner, which is 

available in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Previously, in the Federal Register of 

May 17, 2010 (75 FR 27434) (FRL–8826– 

3), EPA established a time-limited 

tolerance exemption for a-(pnonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts 

(herein referred to in this document as 

nonylphenol ethoxylate phosphate and 

sulfate derivatives or NPEPSDs) with an 

expiration date of May 17, 2012. The 2- 

year time limitation was established for 

two purposes: 

1. To provide time for the 

development and submission of 

confirmatory toxicity data to address 

equivocal results in the available 

genotoxicity studies conducted on 

NPEPSDs (as described in Unit IV of the 

May 17, 2010 final rule); and 

2. To provide additional time, should 

the initial testing not confirm EPA’s 

conclusion regarding the lack of a 

cancer concern, for registrants to attain 

EPA approval of registration 

amendments for reformulation of their 

pesticide products to remove NPEPSDs 

and to replace existing products with 

reformulated products. 

In establishing the time-limited 

tolerance exemption for NPEPSDs, EPA 

stated that if the submitted data 

confirmed its conclusion regarding a 

lack of cancer concern, the Agency 

intended to remove the expiration date 

from the tolerance exemption prior to 

expiration of the exemption. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene 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 


sroberts on DSK5SPTVN1PROD with RULES
27128 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations 

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 FFDCA section 

408(c)(2)(A), 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 NPEPSDs 

including exposure resulting from the 

exemption established by this action. 

In the Federal Register of May 17, 

2010, EPA issued a final rule 

establishing an exemption from the 

requirement of a tolerance for residues 

of NPEPSDs when used as an inert 

ingredient at levels not to exceed 7% in 

pesticide formulations applied to 

growing crops and raw agricultural 

commodities after harvest under 40 CFR 

180.910 with an expiration date of May 

17, 2012. EPA has determined that 

establishing an exemption from the 

requirement of a tolerance for residues 

of NPEPSDs when used as an inert 

ingredient at levels not to exceed 7% in 

pesticide formulations applied to 

growing crops and raw agricultural 

commodities after harvest will not 

significantly change the risk 

assessments the Agency relied on to 

support the May 17, 2010, tolerance 

action, as explained in this unit. 

As part of the Agency’s conduct of the 

risk assessment in support of the May 

17, 2010, tolerance action, it was 

determined that there were no acute, 

chronic, short- or intermediate term 

aggregate risks of concern. With regards 

to aggregate cancer risk, the assessment 

concluded that based on a weight of the 

evidence consideration of the available 

data, the Agency believed that cancer 

risks would be negligible. However, due 

to the equivocal findings in the 

mutagenicity data base, the Agency 

asked for confirmatory data. 

Specifically, EPA recommended that 

supporters of the NPEPSD tolerance 

exemption perform the following 

studies for confirmatory purposes: 

A new Ames assay (OCSPP 

Harmonized Guideline 870.5100— 

Bacterial reverse mutation test) and a 

mouse lymphoma assay (OCSPP 

Harmonized Guideline 870.5300—in 

vitro Mammalian cell gene mutation 

test). 

A bone marrow assay (OCSPP 

Harmonized Guideline 870.5395— 

Mammalian erythrocyte micronucleus 

test). 

Since in vivo mutagenicity studies 

such as the bone marrow assay are 

generally regarded as more definitive 

than in vitro studies, and a negative 

result in the bone marrow test may 

outweigh whatever results are found in 

the Ames test and mouse lymphoma 

assay, supporters of the NPEPSD 

tolerance exemption were given the 

option of conducting the mammalian 

erythrocyte micronucleus test in lieu of 

the two in vitro mutagenicity studies. If 

those data did not confirm EPA’s cancer 

conclusion, then EPA would need 2- 

year cancer bioassays in the mouse and 

rat (OCSPP Harmonized Guideline 

870.4200—Carcinogenicity (mouse) and 

OCSPP Harmonized Guideline 

870.4300—Combined Chronic Toxicity/ 

Carcinogenicity (rat)) to make a safety 

finding in support of the tolerance 

exemption. 

In response to the May 17, 2010, final 

rule, the JITF, CST 9 conducted an in 

vivo Mouse Bone Marrow Erythrocyte 

Micronucleus Test Following Oral 

Administration (OCSPP Harmonized 

Test Guideline 870.5395) of two 

representative test compounds, 

poly(oxy-1,2-ethanediyl)-a-(pnonylphenyl)-w-hydroxy-, branched, 

phosphates (CAS Reg. No. 68412–53–3) 

and poly(oxy-1,2-ethanediyl)-a-sulfo-w- 

(nonylphenoxy), sodium salt (CAS Reg. 

No. 9014–90–8). These data were 

submitted to the Agency on November 

12, 2010 (MRID 48293401 and 

48293402). 

The data were evaluated by EPA and 

it was determined that the test 

substances did not induce numerical or 

structural chromosomal damage, 

providing further confirmation that 

NPEPSDs are not of concern for 

aggregate cancer risk. Further details of 

this evaluation can be found at http:// 

www.regulations.gov in the document 

‘‘Nonylphenol Ethoxylates and Their 

Phosphate and Sulfate Derivatives (JITF 

CST 9 Inert Ingredients)-Review of 

Confirmatory Mutagencity Toxicity 

Data’’ in docket ID number EPA–HQ– 

OPP–2011–0526. 

Refer to the May 17, 2010, Federal 

Register document, available at http:// 

www.regulations.gov, for a detailed 

discussion of the aggregate risk 

assessment and determination of safety. 

Therefore, based on this information 

and the findings in the final rule 

published in the Federal Register of 

May 17, 2010, EPA concludes that there 

is a reasonable certainty that no harm 

will result to the general population, or 

to infants and children from aggregate 

exposure to NPEPSD residues. 

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 

United Nations 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 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations 27129 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for NPEPSDs. 

VI. Conclusions 

Therefore, an exemption from the 

requirement of a tolerance is established 

for residues of a-(p-nonylphenol)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts of the phosphate esters and a- 

(p-nonylphenol)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts when 

used as an inert ingredient at levels not 

to exceed 7% in pesticide formulations 

applied to growing crops and raw 

agricultural commodities after harvest 

under 40 CFR 180.910 and in pesticide 

formulations applied to animals under 

40 CFR 180.930. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and 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 FFDCA section 408(d), 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 FFDCA section 408(n)(4). 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 

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

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: April 26, 2012. 

G. Jeffery Herndon, 

Acting 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. Section 180.910 is amended by 

revising the following entries in the 

table of inert ingredients to read as 

follows: 

§ 180.910 Inert ingredients used pre and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

a-(p-Nonylphenol)-w-hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and 

monohydrogen phosphate esters and the corresponding ammonium, calcium, 

magnesium, potassium, sodium, and zinc salts of the phosphate esters; the nonyl 

group is a propylene trimer isomer and the poly(oxyethylene) content averages 4– 

14 or 30 moles (CAS Reg. Nos. 51811–79–1, 59139–23–0, 67922–57–0, 68412– 

53–3, 68553–97–9, 68954–84–7, 99821–14–4, 152143–22–1, 51609–41–7, 

37340–60–6, 106151–63–7, 68584–47–4, 52503–15–8, 68458–49–1).

Not to exceed 7% of pesticide formulation.Surfactants, related adjuvants of surfactants. 

* * * * * * * 

a-(p-Nonylphenol)-w-hydroxypoly(oxyethylene) sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc salts the nonyl group is propylene trimer isomer and the poly(oxyethylene) content averages 4 moles (CAS Reg. Nos. 9014– 

90–8, 9051–57–4, 9081–17–8, 68649–55–8, 68891–33–8.

Not to exceed 7% of pesticide formulation.Surfactants, related adjuvants of surfactants. 


sroberts on DSK5SPTVN1PROD with RULES
27130 Federal Register / Vol. 77, No. 90 / Wednesday, May 9, 2012 / Rules and Regulations 

Inert ingredients Limits Uses 

*******

■ 3. Section 180.930 is amended by 

revising the following entries in the 

table of inert ingredients to read as 

follows: 

§ 180.930 Inert ingredients applied to 

animas; exemptions from the requirement 

of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

a-(p-Nonylphenol)-w-hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and 

monohydrogen phosphate esters and the corresponding ammonium, calcium, 

magnesium, potassium, sodium, and zinc salts of the phosphate esters; the nonyl 

group is a propylene trimer isomer and the poly(oxyethylene) content averages 4– 

14 or 30 moles (CAS Reg. Nos. 51811–79–1, 59139–23–0, 67922–57–0, 68412– 

53–3, 68553–97–9, 68954–84–7, 99821–14–4, 152143–22–1, 51609–41–7, 

37340–60–6, 106151–63–7, 68584–47–4, 52503–15–8, 68458–49–1).

Not to exceed 7% of pesticide formulation.Surfactants, related adjuvants of surfactants. 

a-(p-Nonylphenol)-w-hydroxypoly(oxyethylene) sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc salts the nonyl group is propylene trimer isomer and the poly(oxyethylene) content averages 4 moles (CAS Reg. Nos. 9014– 

90–8, 9051–57–4, 9081–17–8, 68649–55–8, 68891–33–8.

Not to exceed 7% of pesticide formulation.Surfactants, related adjuvants of surfactants. 

* * * * * * * 

[FR Doc. 2012–10933 Filed 5–8–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010–0261; FRL–9339–6] 

Ametoctradin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of ametoctradin 

in or on multiple commodities which 

are identified and discussed later in this 

document. BASF Corporation requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

9, 2012. Objections and requests for 

hearings must be received on or before 

July 9, 2012, 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–2010–0261. 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: 

Shaunta Hill, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8961; email address: 

hill.shaunta@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 

site at http://ecfr.gpoaccess.gov/cgi/t/

text/text-idx?&c=ecfr&tpl=/ecfrbrowse/

Title40/40tab_02.tpl. 

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 


sroberts on DSK5SPTVN1PROD with RULES