[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26117-26118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13019]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300412A; FRL-5359-4]
RIN 2070-AB78


Oxo-Alkyl Acetates; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document exempts from the requirements of a tolerance 
residues of a group of chemicals known as oxo-alkyl acetates [oxo-hexyl 
acetate (CAS Reg. No. 88230-35-7), oxo-heptyl acetate (CAS Reg. No. 
90438-79-2), oxo-octyl acetate (CAS Reg. No. 108419-32-5), oxo-nonyl 
acetate (CAS Reg. No.108419-34-7), oxo-decyl acetate (CAS Reg. No. 
108419-33-6), and oxo-tridecyl acetate (CAS Reg. No. 108419-35-8)] when 
used as a solvent in pesticide formulations. This regulation was 
requested by Exxon Chemical Co., Performance Products Group.

EFFECTIVE DATE: May 24, 1996.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [OPP-300412A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. Fees accompanying objections and hearing 
requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
P.O. Box 360277M, Pittsburgh, PA 15251. A copy of any objections and 
hearing requests filed with the Hearing Clerk should be identified by 
the document control number and submitted to: Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. In person, bring copy of objections and hearing 
requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 
22202.
    A copy of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: <a href="/cdn-cgi/l/email-protection#1a756a6a377e7579717f6e5a7f6a7b777b7376347f6a7b347d756c"><span class="__cf_email__" data-cfemail="711e01015c151e121a1405311401101c10181d5f1401105f161e07">[email protected]</span></a>. Copies of objections and 
hearing requests must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption. Copies of objections and 
hearing requests will also be accepted on disks in WordPerfect in 5.1 
file format or ASCII file format. All copies of objections and hearing 
requests in electronic form must be identified by the docket number 
[OPP-300412A]. No Confidential Business Information (CBI) should be 
submitted through e-mail. Electronic copies of objections and hearing 
requests on this rule may be filed online at many Federal Depository 
Libraries. Additional information on electronic submissions can be 
found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Amelia M. Acierto, 
Registration Support Branch, Registration Division (7505W), Office of 
Pesticide Programs, Environmental Protection Agency, 401 M St., SW., 
Washington, DC 20460. Office location, telephone number, and e-mail 
address: 2800 Crystal Drive, North Tower, Arlington, VA, 703-308-8375; 
e-mail: <a href="/cdn-cgi/l/email-protection#ddbcbeb4b8afa9b2f3bcb0b8b1b4bc9db8adbcb0bcb4b1f3b8adbcf3bab2ab"><span class="__cf_email__" data-cfemail="9bfaf8f2fee9eff4b5faf6fef7f2fadbfeebfaf6faf2f7b5feebfab5fcf4ed">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In the Federal Register of February 14, 1996 
(61 FR 5728), Exxon Chemical Co., Performance Products Group, Linden, 
NJ 07036, submitted pesticide petition (PP) 3E04267 to EPA requesting 
that the Administrator, pursuant to section 408(e) of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(e), propose to amend 40 
CFR 180.1001(d) by establishing an exemption from the requirement of a 
tolerance for oxo-alkyl acetates [oxo-hexyl acetate (CAS Reg. No. 
88230-35-7), oxo-heptyl acetate (CAS Reg. No. 90438-79-2), oxo-octyl 
acetate (CAS Reg. No. 108419-32-5), oxo-nonyl acetate (CAS Reg. No. 
108419-34-7), oxo-decyl acetate (CAS Reg. No. 108419-33-6), and oxo-
tridecyl acetate (CAS Reg. No. 108419-35-8)] when used as solvents in 
pesticide formulations applied to growing crops only.
    There were no comments received in response to the proposed rule.
    Based upon an evaluation of the toxicological data which shows no 
evidence of mutagenicity (Ames Test), and no significant acute and 
subchronic or developmental toxicity of the branched alkyl acetates in 
this molecular weight range (C<INF>8-C<INF>13 alkyl acetates), the 
Agency concludes that this chemical poses no significant risks under 
the conditions of use and that no further data are required.
    Based upon the toxicological data evaluated, the physico-chemical 
properties of oxo-alkyl acetates and information regarding their use, 
the Agency has found that, when used in accordance with good 
agricultural practice, these ingredients are useful and a tolerance is 
not necessary to protect the public health. Therefore, EPA is exempting 
oxo-alkyl acetates from the requirement of a tolerance as set forth 
below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections to the regulation and may also request a hearing on 
those objections. Objections and hearing requests must be filed with 
the Hearing Clerk, at the address given above (40 CFR 178.20). A copy 
of the objections and/or hearing requests filed with the Hearing Clerk 
should be submitted to the OPP docket for this rulemaking. The 
objections submitted must specify the provisions

[[Page 26118]]

of the regulation deemed objectionable and the grounds for the 
objections (40 CFR 178.25). Each objection must be accompanied by the 
fee prescribed by 40 CFR 180.33(i). 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). A 
request for a hearing will be granted if the Administrator determines 
that the material submitted shows the following: There is 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).
    EPA has established a record for this rulemaking under docket 
number [OPP-300401A] (including any comments and data submitted 
electronically). A public version of this record, including printed, 
paper versions of electronic comments, which does not include any 
information claimed as CBI, is available for inspection from 8 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Room 1132 of the Public Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments may be sent directly to EPA at:
    <a href="/cdn-cgi/l/email-protection#264956560b4249454d4352664356474b474f4a0843564708414950"><span class="__cf_email__" data-cfemail="85eaf5f5a8e1eae6eee0f1c5e0f5e4e8e4ece9abe0f5e4abe2eaf3">[email protected]</span></a>.


    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any copies of objections and hearing requests 
received electronically into printed, paper form as they are received 
and will place the paper copies in the official rulemaking record which 
will also include all comments submitted directly in writing. The 
official rulemaking record is the paper record maintained at the 
address in ``ADDRESSES'' at the beginning of this document.
    The Office of Management and Budget has exempted this proposed rule 
from the requirements of section 3 of Executive Order 12866.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator 
has determined that regulations establishing new tolerances or raising 
tolerance levels or establishing exemptions from tolerance requirements 
do not have a significant economic impact on a substantial number of 
small entities. A certification statement to this effect was published 
in the Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Recording and 
recordkeeping requirements.

Dated: May 10, 1996.

Peter Caulkins,

Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a and 371.

    2. In Sec. 180.1001(d) the table is amended by adding 
alphabetically the following inert ingredients, to read as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

*    *    *    *    *
    (d)  *  *  *

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              Inert ingredients                           Limits                             Uses               
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                             *        *        *        *        *        *        *                            
Oxo-decyl acetate (CAS reg. No. 108419-33-6)    ............................                             Solvent
Oxo-heptyl acetate (CAS Reg. No. 90438-79-2)    ............................                             Solvent
Oxo-hexyl acetate (CAS Reg. No. 88230-35-7).    ............................                             Solvent
Oxo-nonyl acetate (CAS Reg. No. 108419-34-7)    ............................                             Solvent
Oxo-octyl acetate (CAS Reg. No. 108419-32-5)    ............................                             Solvent
Oxo-tridecyl acetate (CAS Reg. No. 108419-35-   ............................                             Solvent
 8).                                                                                                            
                                                                                                                
                             *        *        *        *        *        *        *                            
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[FR Doc. 96-13019 Filed 5-23-96; 8:45 am]
BILLING CODE 6560-50-F

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