Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55293 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This final rule 

directly regulates growers, food 

processors, food handlers, and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

IX. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this 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: September 13, 2005 

Meredith F. Laws, 

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 180.589 is amended by 

adding text to paragraph (b) after the 

paragraph heading to read as follows: 

§ 180.589 Boscalid; tolerances for 

residues. 

* * * * * 

(b) * * * Time-limited tolerances are 

established for residues of the fungicide 

boscalid, 3-pyridinecarboxamide, 2- 

chloro-N-(4′-chloro[1,1 ′-biphenyl]-2-yl) 

in connection with use of the pesticide 

under section 18 emergency exemptions 

granted by EPA. These tolerances will 

expire and are revoked on the dates 

specified in the following table: 

Commodity Parts per 

million 

Expiration/ 

Revocation 

Date 

Tangerine .......... 2.0 12/31/08 

* * * * * 

[FR Doc. 05–18830 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0069; FRL–7737–3] 

Inert Ingredients; Revocation of 34 

Pesticide Tolerance Exemptions for 31 

Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revoking 34 

exemptions from the requirement of a 

tolerance that are associated with 31 

inert ingredients because these 

substances are no longer contained in 

active Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA) pesticide 

product registrations. These ingredients 

are subject to reassessment by August 

2006 under section 408(q) of the Federal 

Food, Drug, and Cosmetic Act (FFDCA), 

as amended by the Food Quality 

Protection Act of 1996 (FQPA). The 34 

tolerance exemptions are considered 

‘‘reassessed’’ for purposes of FFDCA’s 

section 408(q). 

DATES: This regulation is effective 

September 21, 2005. Objections and 

requests for hearings must be received 

on or before November 21, 2005. 

ADDRESSES: To submit a written 

objection or hearing request follow the 

detailed instructions as provided in 

Unit XI. of the SUPPLEMENTARY

INFORMATION. EPA has established a 

docket for this action under docket 

identification (ID) number OPP–2005–

0069. All documents in the docket are 

listed in the EDOCKET index at http:// 

www.epa.gov/edocket. Although listed 

in the index, some information is not 

publicly available, i.e., 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 either 

electronically in EDOCKET or in hard 

copy at the Public Information and 

Records Integrity Branch (PIRIB), Rm. 

119, Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

open from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Karen Angulo, Registration Division 

(7505C), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 306–0404; e-mail address: 

angulo.karen@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 

55294 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

Unit II. 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 Documents 

and Other Related Information? 

In addition to using EDOCKET at 

(http://www.epa.gov/edocket/), you may 

access this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr/. A 

frequently updated electronic version of 

40 CFR part 180 is available at E-CFR 

Beta Site Two at http:// 

www.gpoaccess.gov/ecfr/. 

II. What Action is the Agency Taking? 

In the Federal Register of June 1, 2005 

(70 FR 31401) (FRL–7712–7), EPA 

issued a proposed rule to revoke 34 

exemptions from the requirement of a 

tolerance that are associated with 31 

inert ingredients because those 

substances are no longer contained in 

pesticide products registered in the 

United States. The proposed rule 

provided a 60–day comment period that 

invited public comment for 

consideration and for support of 

tolerance exemption retention under the 

FFDCA standards. An additional 30–day 

comment period was provided based on 

a request from certain industry 

representatives (70 FR 45625, August 8, 

2005, (FRL–7729–4)). 

In this final rule, EPA is revoking 

these same 34 tolerance exemptions. 

EPA has historically been concerned 

that retention of tolerances and 

tolerance exemptions that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. Thus, it is EPA’s policy to issue 

a final rule revoking those tolerances 

and tolerance exemptions for residues of 

pesticide chemicals for which there are 

no active registrations or uses under 

FIFRA, unless any person commenting 

on the proposal demonstrates a need for 

the tolerance to cover residues in or on 

imported commodities or domestic 

commodities legally treated. 

Generally, EPA will proceed with the 

revocation of these tolerances and 

tolerance exemptions on the grounds 

discussed in Unit II. if one of the 

following conditions applies: 

1. Prior to EPA’s issuance of a section 

408(f) order requesting additional data 

or issuance of a section 408(d) or (e) 

order revoking the tolerances or 

tolerance exemptions on other grounds, 

commenters retract the comment 

identifying a need for the tolerance to be 

retained. 

2. EPA independently verifies that the 

tolerance or tolerance exemption is no 

longer needed. 

3. The tolerance or tolerance 

exemption is not supported by data that 

demonstrate that the tolerance or 

tolerance exemption meets the 

requirements under FQPA. 

The Agency received several 

comments in response to the proposed 

revocation notice. The Fluoride Action 

Network Pesticide Project (FAN) 

supported EPA’s proposal to revoke the 

exemption from the requirement of a 

tolerance for sodium fluoride. 

Two commenters requested 

clarification on EPA’s policy concerning 

tolerance exemptions for inert 

ingredients that are reactive 

intermediates or reagents. The Agency 

confirms that the three reactive inert 

ingredients being revoked in this final 

rule (i.e., ethyl methacrylate, methyl 

methacrylate, and phosphorus 

oxychloride) do not require an 

exemption from the requirement of a 

tolerance because they are consumed 

during the manufacture of the final 

product. EPA intends to provide 

additional clarification and guidance in 

the future for reactive/reagent chemicals 

used in the manufacture of pesticide 

products. 

In addition, two commenters 

suggested several areas where additional 

guidance and policy clarifications 

would be helpful, including inert 

ingredients in non-food use pesticide 

products, impurities in technical grade 

active ingredients and inert ingredients, 

and consistency in the nomenclature for 

inerts. Although not directly relevant to 

the proposal to revoke the 34 tolerance 

exemptions, the Agency appreciates 

these suggestions and agrees that clear 

guidance would be helpful. The Agency 

intends to provide guidance for topics 

such as these in the future. 

Therefore, for the reasons stated 

herein and in the proposed rule, EPA is 

revoking the 34 exemptions from the 

requirement of a tolerance that were 

identified in the Federal Register of 

June 1, 2005 (70 FR 31401). 

III. What is the Agency’s Authority for 

Taking this Action? 

This final rule is issued pursuant to 

section 408(d) of FFDCA (21 U.S.C. 

346a(d)). Section 408 of FFDCA 

authorizes the establishment of 

tolerances, exemptions from the 

requirement of a tolerance, 

modifications in tolerances, and 

revocation of tolerances for residues of 

pesticide chemicals in or on raw 

agricultural commodities and processed 

foods. Without a tolerance or tolerance 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under section 

402(a) of the FFDCA. If food containing 

pesticide residues is found to be 

adulterated, the food may not be 

distributed in interstate commerce (21 

U.S.C. 331(a) and 342 (a)). 

EPA’s general practice is to revoke 

tolerances and tolerance exemptions for 

residues of pesticide chemicals on crops 

for which FIFRA registrations no longer 

exist and on which the pesticide may 

therefore no longer be used in the 

United States. EPA has historically been 

concerned that retention of tolerances 

and tolerance exemptions that are not 

necessary to cover residues in or on 

legally treated foods may encourage 

misuse of pesticides within the United 

States. Nonetheless, EPA will establish 

and maintain tolerances and tolerance 

exemptions even when corresponding 

domestic uses are canceled if the 

tolerances, which EPA refers to as 

‘‘import tolerances,’’ are necessary to 

allow importation into the United States 

of food containing such pesticide 

residues. However, where there are no 

imported commodities that require 

these import tolerances, the Agency 

believes it is appropriate to revoke 

tolerances and tolerance exemptions for 

unregistered pesticide chemicals in 

order to prevent potential misuse. 

IV. When Do These Actions Become 

Effective? 

These actions become effective on 

September 21, 2005. Any commodities 

listed in the regulatory text of this 

document that are treated with the 

pesticide chemicals subject to this final 

rule, and that are in the channels of 

trade following the tolerance exemption 

revocations, shall be subject to FFDCA 

section 408(1)(5), as established by the 

FQPA. Under this section, any residues 

of these pesticide chemicals in or on 

such food shall not render the food 

adulterated so long as it is shown to the 

satisfaction of the Food and Drug 

Administration that: (1) The residue is 

present as the result of an application or 

use of the pesticide chemical at a time 

and in a manner that was lawful under 

FIFRA, and (2) the residue does not 

exceed the level that was authorized at 

the time of the application or use to be 

present on the food under an exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 55295 

records that verify the dates that the 

pesticide chemical was applied to such 

food. 

V. Objections and Hearing Requests 

Under section 408(g) of the FFDCA, as 

amended by the FQPA, any person may 

file an objection to any aspect of this 

regulation and may also request a 

hearing on those objections. The EPA 

procedural regulations which govern the 

submission of objections and requests 

for hearings appear in 40 CFR part 178. 

Although the procedures in those 

regulations require some modification to 

reflect the amendments made to the 

FFDCA by the FQPA, EPA will continue 

to use those procedures, with 

appropriate adjustments, until the 

necessary modifications can be made. 

The new section 408(g) of the FFDCA 

provides essentially the same process 

for persons to ‘‘object’’ to a regulation 

for an exemption from the requirement 

of a tolerance issued by EPA under new 

section 408(d) of the FFDCA, as was 

provided in the old FFDCA sections 408 

and 409 of the FFDCA. However, the 

period for filing objections is now 60 

days, rather than 30 days. 

A. What Do I Need to Do to File an 

Objection or Request a Hearing? 

You must file your objection or 

request a hearing on this regulation in 

accordance with the instructions 

provided in this unit and in 40 CFR part 

178. To ensure proper receipt by EPA, 

you must identify docket ID number 

OPP–2005–0069 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

on or before November 21, 2005. 

1. Filing the request. Your objection 

must specify the specific provisions in 

the regulation that you object to, and the 

grounds for the objections (40 CFR 

178.25). If a hearing is requested, the 

objections must include a statement of 

the factual issue(s) on which a hearing 

is requested, the requestor’s contentions 

on such issues, and a summary of any 

evidence relied upon by the objector (40 

CFR 178.27). Information submitted in 

connection with an objection or hearing 

request may be claimed confidential by 

marking any part or all of that 

information as CBI. Information so 

marked will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. A copy of the 

information that does not contain CBI 

must be submitted for inclusion in the 

public record. Information not marked 

confidential may be disclosed publicly 

by EPA without prior notice. 

Mail your written request to: Office of 

the Hearing Clerk (1900L), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. You may also deliver 

your request to the Office of the Hearing 

Clerk in Suite 350, 1099 14th St., NW., 

Washington, DC 20005. The Office of 

the Hearing Clerk is open from 8 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Office of the Hearing 

Clerk is (202) 564–6255. 

2. Copies for the Docket. In addition 

to filing an objection or hearing request 

with the Hearing Clerk as described in 

Unit XI.A., you should also send a copy 

of your request to the PIRIB for its 

inclusion in the official record that is 

described in ADDRESSES. Mail your 

copies, identified by docket ID number 

OPP–2005–0069, to: Public Information 

and Records Integrity Branch, 

Information Resources and Services 

Division (7502C), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. In person 

or by courier, bring a copy to the 

location of the PIRIB described in 

ADDRESSES. You may also send an 

electronic copy of your request via email to: opp-docket@epa.gov. Please use 

an ASCII file format and avoid the use 

of special characters and any form of 

encryption. Copies of electronic 

objections and hearing requests will also 

be accepted on disks in WordPerfect 

6.1/8.0 or ASCII file format. Do not 

include any CBI in your electronic copy. 

You may also submit an electronic copy 

of your request at many Federal 

Depository Libraries. 

B. When Will the Agency Grant a 

Request for a Hearing? 

A request for a hearing will be granted 

if the Administrator determines that the 

material submitted shows the following: 

There is a genuine and substantial issue 

of fact; there is a reasonable possibility 

that available evidence identified by the 

requestor would, if established resolve 

one or more of such issues in favor of 

the requestor, taking into account 

uncontested claims or facts to the 

contrary; and resolution of the factual 

issue(s) in the manner sought by the 

requestor would be adequate to justify 

the action requested (40 CFR 178.32). 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes an 

exemption from the tolerance 

requirement under section 408(d) of the 

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 rule has been exempted 

from review under Executive Order 

12866 due to its lack of significance, 

this rule is not subject to Executive 

Order 13211, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use (66 

FR 28355, May 22, 2001). This final rule 

does not contain any information 

collections subject to OMB approval 

under the Paperwork Reduction Act 

(PRA), 44 U.S.C. 3501 et seq., or impose 

any enforceable duty or contain any 

unfunded mandate as described under 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Public 

Law 104–4). Nor does it require any 

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); or OMB review or any Agency 

action under Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

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

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). Since 

tolerances and exemptions that are 

established on the basis of a petition 

under section 408(d) of the FFDCA, 

such as the exemption in this final rule, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) do not apply. The 

Agency hereby certifies that this rule 

will not have significant negative 

economic impact on a substantial 

number of small entities. In addition, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government, as 

specified in Executive Order 13132, 

entitled Federalism (64 FR 43255, 

August 10, 1999). Executive Order 

13132 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive order to include 

regulations that have ‘‘substantial direct 

55296 Federal Register / Vol. 70, No. 182 / Wednesday, September 21, 2005 / Rules and Regulations 

effects on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government.’’ This 

final rule directly regulates growers, 

food processors, food handlers and food 

retailers, not States. This action does not 

alter the relationships or distribution of 

power and responsibilities established 

by Congress in the preemption 

provisions of section 408(n)(4) of the 

FFDCA. For these same reasons, the 

Agency has determined that this rule 

does not have any ‘‘tribal implications’’

as described in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of this 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: September 14, 2005. 

Meredith F. Laws, 

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), 346(a) and 

371. 

§ 180.1045 and § 180.1066 [Removed] 

■ 2. Sections 180.1045 and 180.1066 are 

removed. 

§ 180.910 [Amended] 

■ 3. Section 180.910 is amended by 

removing from the table the entries for 

Ethylene methylphenyglycidate; 

Phosphorus oxychloride; Sulfurous 

acid; and 1,1,1-Trichloroethane. 

§ 180.920 [Amended] 

■ 4. Section 180.920 is amended by 

removing from the table the entries for: 

a. Acetonitrile; 

b. Almond, bitter; 

c. Aluminum 2-ethylhexanoate; 

d. 1,3-Butylene glycol 

dimethyacrylate; 

e. Calcium and sodium salts of certain 

sulfonated petroleum fractions 

(mahogany soaps); calcium salt 

molecular weight (in amu) 790–1,020, 

sodium salt molecular weight (in amu) 

400–500; 

f. Copper salts of neodecanoic acid 

and 2-ethylhexanoic acid; 

g. Diallyl phthalate; 

h. Dipropylene glycol dibenzoate; 

i. Ethyl methacrylate; 

j. Furfural byproduct (a granular 

steam-acid sterilized, lignocellulosic 

residuum in the extraction of furfural 

from corn cobs, sugarcane bagasse, 

cottonseed hulls, oat hulls, and rice 

hulls); 

k. Isopropylbenzene; 

l. Methyl isoamyl ketone; 

m. Methyl methacrylate; 

n. X-(p-Nonylphenyl)-v-hydroxypoly(oxyethylene) sulfosuccinate 

isopropylamine and N-hydroxyethyl 

isopropylamine salts of: The 

poly(oxyethylene) content averages r 

moles; 

o. Propylene dichloride; 

p. Sodium fluoride; 

q. Tetrasodium N-(1,2- 

dicarboxyethyl)-N-octadecylsulfosuccinamate; 

r. (2,2′(2,5-Thiophenediyl)bis(5-tertbutylbenzoxazole)) (CAS Reg. No. 7128–

64–5); and 

s. Tri-tert-butylphenol polyglycol 

ether (molecular weight (in amu) 746). 

§ 180.930 [Amended] 

■ 5. Section 180.930 is amended by 

removing from the table the entries for: 

a. Acetylated lanolin alcohol; 

b. Calcium and sodium salts of certain 

sulfonated petroleum fractions 

(mahogany soaps); calcium salt 

molecular weight (in amu) 790–1020, 

sodium salt molecular weight (in amu) 

400–500; 

c. Cumene (isopropylbenzene); 

d. Dibutyltin dilaurate (CAS Reg. No. 

77–58–7); 

e. 4,4′-Isopropylidenediphenol alkyl 

(C12-C15) phosphites (CAS Reg. No. 

92908–32–2); 

f. Polyethylene esters of fatty acids, 

conforming to 21 CFR 172.854; 

g. 1,1,1-Trichloroethane; 

h. Triethylene glycol diacetate (CAS 

Reg. No. 111–21–7); and 

i. Tri-tert-butylphenol polyglycol 

ether (molecular weight (in amu) 746). 

[FR Doc. 05–18831 Filed 9–20–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7971–3] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of partial 

deletion of the East Tailing Area of the 

Tar Lake Superfund Site from the 

National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region 5 is publishing a 

notice of partial deletion of the East 

Tailing Area of the Tar Lake Superfund 

Site (Site), located in, Antrim County 

Michigan, from the National Priorities 

List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, in 

appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This notice of partial deletion is 

being published by EPA with the 

concurrence of the State of Michigan, 

through the Michigan Department of 

Environmental Quality (MDEQ). 

Remedial investigation results in the 

East Tailing Area of the Tar Lake Site