Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69489 

commenting on this action should do so 

at this time. 

DATES: Written comments must be 

received on or before December 16, 

2005. 

ADDRESSES: Submit comments, 

identified by Regional Material in 

EDocket (RME) ID No. R05–OAR–2005–

IN–0008, by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/. RME, EPA’s 

electronic public docket and comments 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: mooney.john@epa.gov. 

4. Fax: (312) 886–5824. 

5. Mail: You may send written 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. 

6. Hand delivery: Deliver your 

comments to: John M. Mooney, Chief, 

Criteria Pollutant Section, (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

18th floor, Chicago, Illinois 60604. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m. excluding 

Federal holidays. 

Instructions: Direct your comments to 

RME ID No. R05–OAR–2005–IN–0008. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided and may 

be made available online at http:// 

docket.epa.gov/rmepub/, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through RME, regulations.gov, 

or e-mail. The EPA RME Web site and 

the Federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the RME 

index at http://docket.epa.gov/rmepub/. 

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 RME or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. We 

recommend that you telephone Edward 

Doty, Environmental Scientist, at (312) 

886–6057 before visiting the Region 5 

office. This Facility is open from 8:30 

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

Friday, excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Edward Doty, Environmental Scientist, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6057, 

doty.edward@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. What Action Is EPA Taking? 

EPA is proposing to take several 

related actions. EPA is proposing to 

make a determination that the Delaware 

County, Indiana nonattainment area has 

attained the 8-hour ozone standard and 

that Delaware County has met the 

requirements for redesignation under 

section 107(d)(3)(E) of the Clean Air 

Act. EPA is thus proposing to approve 

a request to change the legal designation 

of Delaware County from nonattainment 

to attainment for the 8-hour ozone 

NAAQS. EPA is also proposing to 

approve Indiana’s maintenance plan as 

a SIP revision for Delaware County 

(such approval being one of the Clean 

Air Act criteria for redesignation of an 

area to attainment status). The 

maintenance plan is designed to keep 

Delaware County in attainment of the 

ozone NAAQS for the next 10 years. 

Additionally, EPA is announcing its 

action on the Adequacy Process for the 

newly-established 2015 Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) MVEBs for this area. The 

Adequacy comment periods for the 2015 

MVEBs began on August 2, 2005, with 

EPA’s posting of the availability of the 

State’s submittal on EPA’s Adequacy 

Web site at: http://www.epa.gov/otaq/ 

transp/conform/adequacy.htm. The 

Adequacy comment period for these 

MVEBs ended on September 1, 2005. No 

requests for this submittal or adverse 

comments on this submittal were 

received during the Adequacy comment 

periods. Please see the Adequacy 

Section of this rulemaking for further 

explanation on this process. Therefore, 

we are finding adequate and approving 

the State’s 2015 VOC and NOX MVEBs 

for transportation conformity purposes. 

II. Where Can I Find More Information 

About This Proposal and the 

Corresponding Direct Final Rule? 

For additional information, see the 

Direct Final Rule which is located in the 

Rules section of this Federal Register. 

Copies of the request and the EPA’s 

analysis are available electronically at 

RME or in hard copy at the above 

address. (Please telephone Edward Doty 

at (312) 886–6057 before visiting the 

Region 5 Office.) 

Dated: November 9, 2005. 

Margaret Guerriero, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–22695 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[OPP–2005–0251; FRL–7741–6] 

Inert Ingredients; Proposal to Revoke 

30 Pesticide Tolerance Exemptions for 

28 Chemicals 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to revoke 30 

exemptions from the requirement of a 

tolerance that are associated with 28 

inert ingredients because these 

substances are no longer contained in 

active Federal Insecticide, Fungicide, 

69490 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

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). Upon 

the issuance of the final rule revoking 

the tolerance exemptions, the 30 

tolerance exemptions will be counted as 

‘‘reassessed’’ for purposes of FFDCA’s 

section 408(q). 

DATES: Comments must be received on 

or before January 17, 2006. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number OPP–2005–0251, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/. Follow the online instructions for submitting 

comments. 

• Agency Website: http:// 

www.epa.gov/edocket/. EDOCKET, 

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

e-mail to opp-docket@epa.gov, 

Attention: Docket ID number OPP–

2005–0251. 

• Mail: Public Information and 

Records Integrity Branch (PIRIB) 

(7502C), Office of Pesticide Programs 

(OPP), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001, Attention: 

Docket ID number OPP–2005–0251. 

• Hand Delivery: Public Information 

and Records Integrity Branch (PIRIB), 

Office of Pesticide Programs (OPP), 

Environmental Protection Agency, Rm. 

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

Arlington, VA, Attention: Docket ID 

number OPP–2005–0251. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number OPP–2005–0251. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.epa.gov/edocket/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through EDOCKET, 

regulations.gov, or e-mail. The EPA 

EDOCKET and the regulations.gov 

websites are ‘‘anonymous access’’

systems, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through EDOCKET or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit 

EDOCKET on-line or see the Federal 

Register of May 31, 2002 (67 FR 38102) 

(FRL–7181–7). 

Docket: 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 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document and Other Related 

Information? 

In addition to using EDOCKET (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/. 

C. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through EDOCKET, 

regulations.gov, or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the rulemaking by docket 

ID number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69491 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background and Statutory Findings 

This proposed 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 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)). 

III. What Action is the Agency Taking? 

EPA is proposing to revoke 30 

exemptions from the requirement of a 

tolerance for 28 inert ingredients 

because those substances are no longer 

contained in currently registered 

pesticide products requiring 

reassessment under section 408(q) of 

FFDCA. It is EPA’s general practice to 

revoke tolerances and tolerance 

exemptions for pesticide chemical 

residues (which includes both active 

and inert ingredients) for which there 

are no associated active registered uses 

under FIFRA, or for which there are no 

registered products to which the 

tolerance or tolerance exemption 

applies, or for tolerances or tolerance 

exemptions that have been superseded, 

unless a person commenting on the 

proposal indicates a need for the 

tolerance or exemption to cover residues 

in or on imported commodities or 

legally treated domestic commodities. 

Listed below are the 28 inert 

ingredients and their associated 30 

tolerance exemptions that are subject to 

this proposal. EPA is proposing that the 

revocation of these 30 tolerance 

exemptions will become effective on the 

date of the final rule’s publication in the 

Federal Register. For counting purposes, 

and based on this proposed action, 30 

exemptions would be counted as 

reassessments toward the August 2006 

review deadline of FFDCA section 

408(q), as amended by FQPA in 1996. 

1. Ammonium thiocyanate (40 CFR 

180.920). 

2. Animal waste material (produced 

by the thermophilic digestion of cattle 

and poultry manure) (40 CFR 180.920). 

3. Butyl benzyl phthalate (40 CFR 

180.1062). 

4. Condensation product of 

orthophenylphenol with 5 moles of 

ethylene oxide (40 CFR 180.920). 

5. Coumarone-indene resin, 

conforming to 21 CFR 172.215 (40 CFR 

180.910). 

6. Diacetone alcohol (40 CFR 

180.920). 

7. Diacetyl tartaric acid esters of 

mono, and diglycerides of edible fatty 

acids (40 CFR 180.910 and 180.930). 

8. 2,2-Dichloro-N-(1,3-dioxolan-2- 

ylmethyl)-N-2-propenylacetamide (40 

CFR 180.1077). 

9. Isoamyl acetate (40 CFR 180.920). 

10. Methyl ester of rosin, partially 

hydrogenated (as defined in 21 CFR 

172.615) (40 CFR 180.910). 

11. Methyl-1-alkylamido ethyl-2- 

alkyl-imidazolinium methyl sulfate (40 

CFR 180.1133). 

12. 2-[Methyl 

[(perfluoroalkyl)alkyl(C2-C8)sulfonyl] 

amino]alkyl(C2-C8) acrylate--alkyl (C2- 

C8)methacrylates-N-methylolacrylamide 

copolymer (40 CFR 180.930). 

13. Modified polyester resin derived 

from ethylene glycol, fumaric acid, and 

rosin (40 CFR 180.910). 

14. Montmorillonite-type clay treated 

with polytetrafluoroethylene (PTFE; 

CAS Reg. No. 9002–84–0) (40 CFR 

180.910). 

15. Nitrile rubber modifed 

acrylonitrile methylacrylate (CAS Reg. 

No. 27012–62–0) conforming to 21 CFR 

177.1480 (40 CFR 180.930). 

16. Paraformaldehyde (40 CFR 

180.920 and 180.930). 

17. Pentaerythritol ester of modified 

resin (40 CFR 180.910). 

18. Pentaerythritol stearates mixture 

(CAS Reg. No. 85116–93–4) which 

include pentaerythritol monostearate 

(CAS Reg. No. 78–23–9), pentaerythritol 

distearate (CAS Reg. No. 13081–97–5), 

pentaerythritol tristearate (CAS Reg. No. 

28188–24–1) and pentaerythritol 

tetrastearate (CAS Reg. No. 115–83–3) 

(40 CFR 180.910). 

19. Phenolic resins (40 CFR 180.920). 

20. Sodium N-lauroyl-Nmethyltaurine (40 CFR 180.910). 

21. Sodium N-palmitoyl-Nmethyltaurine (40 CFR 180.910) 

22. Sodium oleyl sulfate (40 CFR 

180.910). 

23. Sodium salt of partially or 

completely saponified dark wood rosin 

(as defined in 21 CFR 178.3870(a)(4)) 

(40 CFR 180.920). 

24. Tannin (40 CFR 180.920). 

25. Toluene (40 CFR 180.920). 

26. Trimethylolpropane (CAS Reg. 

No. 77–66–9) (40 CFR 180.920) (Note: 

This entry in 40 CFR 180.920 has an 

incorrect CAS number and it will be 

revoked. The other entry in 40 CFR 

180.920 for this chemical has the correct 

CAS number, is currently being used in 

pesticide products, and is a candidate 

for reassessment.) 

27. Wood rosin acid, potassium salts, 

conforming to 21 CFR 178.3870 (40 CFR 

180.930). 

28. Woolwax alcohol (40 CFR 

180.920). 

A. What Can I Do if I Wish to Maintain 

an Exemption that the Agency is 

Proposing to Revoke? 

EPA’s records show that the inert 

ingredients subject to this proposed rule 

are not contained in any currently 

registered pesticide products with uses 

that would require tolerances or 

tolerance exemptions under section 408 

of FFDCA. Parties who believe that 

EPA’s records are incorrect and that one 

or more of these ingredients are indeed 

contained in a currently registered 

pesticide product are encouraged to 

submit documentation to EPA in the 

form of the currently registered 

pesticide product’s accepted 

Confidential Statement of Formula. 

Parties who know of a pending 

registration action for a product that 

contains an inert ingredient subject to 

this proposed rule may submit 

documentation to EPA in the form of a 

copy of the Agency’s letter confirming 

the receipt of an application for 

registration or registration amendment 

for such product. In addition, parties 

who are currently in the process of 

developing a pesticide product 

containing an inert ingredient subject to 

this proposed rule may submit to EPA 

a letter asserting their intention to apply 

for a FIFRA section 3 registration of said 

product within 2 years. This letter must 

include documentation of the inclusion 

of the inert ingredient in the proposed 

pesticide product, such as a description 

of the formulation’s ingredients, and 

must confirm their intention to submit 

an application for registration or 

registration amendment within 2 years 

69492 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 

from the publication date of this 

proposed rule. 

EPA is aware that inert ingredients are 

also contained in pesticide adjuvant 

products which are not subject to 

registration under FIFRA. The Agency 

does not keep records of currently used 

adjuvants or their ingredients, therefore, 

it has been unable to conclusively 

confirm the use of adjuvants containing 

one of these inert ingredients. Parties 

who know of currently used adjuvant 

products that contain an inert ingredient 

subject to this proposed rule are 

encouraged to submit documentation to 

EPA in the form of the adjuvant 

product’s current label and/or 

documentation of the registration of the 

adjuvant product with a State adjuvant 

registration program. 

Also, inert ingredient tolerance 

exemptions will be retained if the 

tolerances or exemptions (which EPA 

refers to as ‘‘import’’ tolerances) are 

necessary to allow importation into the 

United States of food containing such 

residues. Through this proposed rule, 

the Agency is inviting individuals who 

need these import tolerance exemptions 

to identify those exemptions that are 

needed to cover imported commodities. 

EPA will retain an inert ingredient 

tolerance exemption if the 

documentation described above is 

submitted to EPA by the end of the 

comment period as specified under 

DATES in this document, and the Agency 

can verify the existence of a currently 

registered pesticide product, a 

registration action pending at EPA, an 

import tolerance, or a currently used 

adjuvant product that contains the 

ingredient in question. 

Parties interested in the retention of 

any of the tolerance exemptions subject 

to this proposed rule should be aware 

that because these ingredients are 

currently subject to reassessment under 

section 408(q) of FFDCA, additional 

data may be needed to support retention 

of the exemption. Reassessment 

activities for such ingredients must be 

completed by August 2006. If the 

Agency is unable to determine that the 

exemptions for these ingredients meet 

the FFDCA standard for reassessment, 

the Agency will revoke the exemptions. 

B. When Do These Actions Become 

Effective? 

EPA is proposing that revocation of 

these tolerance exemptions become 

effective on the day the final rule 

revoking these tolerance exemptions is 

published in the Federal Register. If you 

have comments regarding whether the 

effective date allows sufficient time for 

treated commodities to clear the 

channels of trade, please submit 

comments as described under Unit I.C. 

Similarly, if you have comments 

regarding these tolerance exemption 

revocations or the effective date of the 

revocations, please submit comments as 

described under Unit I.C. Any 

commodities treated with the pesticide 

products containing an inert ingredient 

subject to this proposed rule, and in the 

channels of trade following the 

tolerance revocations, shall be subject to 

FFDCA section 408(i)(5), as established 

by 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 

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 a tolerance or exemption 

from tolerance. Evidence to show that 

food was lawfully treated may include 

records that verify the dates that the 

pesticide was applied to such food. 

VI. Statutory and Executive Order 

Reviews 

In this proposed rule, EPA is 

proposing to revoke specific tolerance 

exemptions established under section 

408(d) of the FFDCA. 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 proposed rule has been 

exempted from review under Executive 

Order 12866 due to its lack of 

significance, this proposed 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 proposed 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 tolerance in this proposed 

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 

proposed action 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 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 proposed 

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 

proposed 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 

Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Proposed Rules 69493 

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 

proposed 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 proposed rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 28, 2005. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, it is proposed that 40 CFR 

chapter I be 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. 

§ 180.910 [Amended] 

2. Section 180.910 is amended by 

removing from the table the entries for: 

a. Coumarone-indene resin, 

conforming to 21 CFR 172.215; 

b. Diacetyl tartaric acid esters of 

mono- and diglycerides of edible fatty 

acids; 

c. Methyl ester of rosin, partially 

hydrogenated (as defined in 21 CFR 

172.615); 

d. Modified polyester resin derived 

from ethylene glycol, fumaric acid, and 

rosin; 

e. Montmorillonite-type clay treated 

with polytetrafluoroethylene (PTFE; 

CAS Reg. No. 9002–84–0); 

f. Pentaerythritol ester of modified 

resin; 

g. Pentaerythritol stearates mixture 

(CAS Reg. No. 85116–93–4) which 

include pentaerythritol monostearate 

(CAS Reg. No. 78–23–9), pentaerythritol 

distearate (CAS Reg. No. 13081–97–5), 

pentaerythritol tristearate (CAS Reg. No. 

28188–24–1) and pentaerythritol 

tetrastearate (CAS Reg. No. 115–83–3); 

h. Sodium N-lauroyl-N-methyltaurine; 

and 

i. Sodium N-palmitoyl-Nmethyltaurine 

j. Sodium oleyl sulfate; 

§ 180.920 [Amended] 

3. Section 180.920 is amended by 

removing from the table the entries for: 

a. Ammonium thiocyanate; 

b. Animal waste material (produced 

by the thermophilic digestion of cattle 

and poultry manure); 

c. Condensation product of 

orthophenylphenol with 5 moles of 

ethylene oxide; 

d. Diacetone alcohol; 

e. Isoamyl acetate; 

f. Paraformaldehyde; 

g. Phenolic resins; 

h. Sodium salt of partially or 

completely saponified dark wood rosin 

(as defined in 21 CFR 178.3870(a)(4)); 

i. Tannin; 

j. Toluene; 

k. Trimethylolpropane (CAS Reg. No. 

77–66–9) (180.920); and 

l. Woolwax alcohol. 

§ 180.930 [Amended] 

4. Section 180.930 is amended by 

removing from the table the entries for: 

a. Diacetyl tartaric acid esters of 

mono- and diglycerides of edible fatty 

acids; 

b. 2-[Methyl (perfluoroalkyl)alkyl(C2- 

C8)sulfonyl] amino]alkyl(C2-C8) 

acrylate--alkyl (C2-C8)methacrylates-Nmethylolacrylamide copolymer; 

c. Nitrile rubber modifed acrylonitrile 

methylacrylate (CAS Reg. No. 27012–

62–0) conforming to 21 CFR 177.1480; 

d. Paraformaldehyde; and 

e. Wood rosin acid, potassium salts, 

conforming to 21 CFR 178.3870. 

§§ 180.1062, 180.1077, and 180.1133 

[Removed] 

5. Sections 180.1062, 180.1077, and 

180.1133 are removed. 

[FR Doc. 05–22614 Filed 11–15–05; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 173 and 177 

[Docket No. PHMSA–2005–22987 (HM–238)] 

RIN 2137–AE06 

Hazardous Materials: Requirements for 

the Storage of Explosives and Other 

High-Hazard Materials During 

Transportation 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Advance notice of proposed 

rulemaking (ANPRM). 

SUMMARY: PHMSA is considering 

requirements to address the current 

safety and security risks associated with 

the storage of explosives during 

transportation. In this notice, we are 

soliciting comments concerning 

measures to reduce the risks posed by 

the storage of explosives while they are 

in transportation and whether 

regulatory action is warranted. We also 

invite comments as to whether 

enhanced requirements for storage 

incidental to movement should apply to 

other hazardous materials (e.g., 

materials toxic by inhalation). 

DATES: Comments must be received by 

February 14, 2006. 

ADDRESSES: Comments. You may submit 

comments identified by the docket 

number (PHMSA–2005–22987) by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Web Site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic docket 

site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–402, Washington, DC 20590–

0001. 

• Hand Delivery: To the Docket 

Management System; Room PL–402 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

Instructions: All submissions must 

include the agency name and docket 

number or Regulatory Identification 

Number (RIN) for this notice. Note that 

all comments received will be posted 

without change to http://dms.dot.gov 

including any personal information 

provided. Please see the Privacy Act 

heading under SUPPLEMENTARY

INFORMATION. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to the Docket 

Management System (see ADDRESSES). 

FOR FURTHER INFORMATION CONTACT: Ben 

Supko, Office of Hazardous Materials 

Standards, telephone (202) 366–8553, 

Pipeline and Hazardous Materials Safety 

Administration, U.S. Department of 

Transportation, 400 Seventh Street, 

SW., Washington, DC 20590–0001. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 16, 2002, the Federal Motor 

Carrier Safety Administration (FMCSA) 

and the Research and Special Programs 

Administration (RSPA, the predecessor