24738 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules

40 CFR Part 52

[OR47–11–7052b; FRL–5504–9]

Approval and Promulgation of State

Implementation Plans: Oregon

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Oregon for the establishment of

transportation conformity rules to

ensure that Federal actions conform to

the appropriate SIP. The SIP revision

was submitted by the State to satisfy

certain Federal Clean Air Act

requirements. In the Final Rules Section

of this Federal Register, the EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If the EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this action.

DATES: Comments on this proposed rule

must be received in writing by June 17,

1996.

ADDRESSES: Written comments should

be addressed to Montel Livingston,

Environmental Protection Specialist

(OAQ–107), Office of Air Quality, at the

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

The addresses are: EPA, Region 10,

Office of Air Quality (OAQ–107), 1200

Sixth Avenue, Seattle, WA 98101; State

of Oregon, Department of

Environmental Quality, 811 S.W. 6th

Avenue, Portland, OR 97204.

FOR FURTHER INFORMATION CONTACT:

Wayne Elson, EPA, Region 10, Office of

Air Quality (OAQ–107), 1200 Sixth

Avenue, Seattle, WA 98101, (206) 553–

1463.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Dated: May 2, 1996.

Chuck Clarke,

Regional Administrator.

[FR Doc. 96–12354 Filed 5–15–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 180

[PP–5E04568/P653; FRL–5365–3]

RIN 2070–AB18

2-Propene-1-Sulfonic Acid, Sodium

Salt, Polymer With Ethenol and Ethenyl

Acetate; Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This document proposes to

establish an exemption from the

requirement of a tolerance for residues

of 2-propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate (CAS Reg. No. 107568-10-5)

when used as an inert ingredient

(binding agent) in pesticide

formulations applied to growing crops

or to raw agricultural commodities after

harvest, under 40 CFR 180.1001(c) and

applied to animals under 40 CFR

180.1001(e). This proposed regulation

was requested by Japan Technical

Information Center on behalf of Nippon

Goshei (U.S.A.) Co., Ltd.

DATES: Written comments, identified by

the document control number [PP–

5E04568/P653], must be received on or

before June 17, 1996.

ADDRESSES: By mail, submit written

comments 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

comments to: Rm. 1132 CM #2, 1921

Jefferson Davis Highway, Arlington, VA

22202.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

PP-5E04568/P653. No Confidential

Business Information (CBI) should be

submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found in

the SUPPLEMENTARY INFORMATION

section of this document.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any part or all

of that information as ‘‘Confidential

Business Information’’ (CBI).

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR Part 2.

A copy of the comment 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. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8 a.m. to 4:30 p.m.,

Monday through Friday, excluding legal

holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Dr. Bipin Gandhi, Registration

Support Branch, Registration Division

(7505W), Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: 2800 Crystal Drive, North

Tower, 6th Floor, Arlington, VA 22202,

(703) 308–8380, e-mail:

gandhi.bipin@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Japan

Technical Information Center, 775

South 23rd Street, Arlington, VA 22202,

submitted pesticide petition (PP)

5E04568 to EPA requesting that the

Administrator, pursuant to section

408(e) of the Federal Food Drug, and

Cosmetic Act (FFDCA) (21 U.S.C. 346

a(e)), propose to amend 40 CFR part

180.1001(c) and (e) by establishing an

exemption from the requirement of

tolerance for residues of 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate when used

as an inert ingredient (binding agent) in

pesticide formulations applied to

growing crops or to raw agricultural

commodities after harvest and applied

to animals. 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;
Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules 24739

and emulsifiers. The term ‘‘inert’’ is not

to imply nontoxicity; the ingredient may

or may not be chemically active. The

data submitted in the petition and other

relevant material have been evaluated.

As part of the EPA policy statement on

inert ingredients published in the

Federal Register of April 22, 1987 (52

FR 13305), the Agency set forth a list of

studies which would generally be used

to evaluate the risks posed by the

presence of an inert ingredient in a

pesticide formulation. However, where

it can be determined without that data

that the inert ingredient will present

minimal or no risk, the Agency

generally does not require some or all of

the listed studies to rule on the

proposed tolerance or exemption from

the requirement of a tolerance for an

inert ingredient. The Agency has

decided that no data, in addition to that

described below, for 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate will need to

be submitted. The rationale for this

decision is described below.

In the case of certain chemical

substances that are defined as

‘‘polymers,’’ the Agency has established

a set of criteria which identify categories

of polymers that present low risk. These

criteria (described in 40 CFR 723.250)

identify polymers that are relatively

unreactive and stable compared to other

chemical substances as well as polymers

that typically are not readily absorbed.

These properties generally limit a

polymer’s ability to cause adverse

effects. In addition, these criteria

exclude polymers about which little is

known. The Agency believes that

polymers meeting the criteria noted

above will present minimal or no risk.

2-Propene-1-sulfonic acid, sodium salt,

polymer with ethenol and ethenyl

acetate conforms to the definition of a

polymer given in 40 CFR 723.250(b) and

meets the following criteria that are

used to identify low risk polymers:

1. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate is not a cationic polymer, nor is

it reasonably anticipated to become a

cationic polymer in a natural aquatic

environment.

2. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate contains as an integral part of its

composition the atomic elements

carbon, hydrogen, oxygen, sulfur and

sodium.

3. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate does not contain as an integral

part of its composition, except as

impurities, any elements other than

those listed in 40 CFR 723.250(d)(2)(ii).

4. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate is not designed, nor is it

reasonably anticipated to substantially

degrade, decompose or depolymerize.

5. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate is not manufactured or imported

from monomers and/or other reactants

that are not already included on the

TSCA Chemical Substance Inventory or

manufactured under an applicable

TSCA section 5 exemption.

6. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate is not a water absorbing

polymer.

7. The minimum number-average

molecular weight of 2-propene-1-

sulfonic acid, sodium salt, polymer with

ethenol and ethenyl acetate is listed as

6,000 to 12,000 daltons. Substances

with molecular weights greater than 400

generally are not absorbed through the

intact skin, and substances with

molecular weights greater than 1,000

generally are not absorbed through the

intact gastrointestinal (GI) track.

Chemicals not absorbed through the

skin or GI tract generally are incapable

of eliciting a toxic response.

8. 2-Propene-1-sulfonic acid, sodium

salt, polymer with ethenol and ethenyl

acetate has a number average molecular

weight of 6,000 to 12,000 daltons and

contains an oligomer content of less

than 2 percent below, molecular weight

(MW) 500 and less than 5 percent MW

1000.

Based on the above information and

review of its use, EPA has found that,

when used in accordance with good

agricultural practice, this ingredient is

useful and a tolerance is not necessary

to protect the public health. Therefore,

EPA proposes that the exemption from

the requirement of a tolerance be

established as set forth below.

Any person who has registered or

submitted an application for registration

of a pesticide, under the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) as amended, that contains

any of the ingredients listed herein, may

request within 30 days after the

publication of this document in the

Federal Register that this rulemaking

proposal be referred to an Advisory

Committee in accordance with section

408(e) of the FFDCA.

Interested persons are invited to

submit written comments on the

proposed regulation. Comments must

bear a notation indicating the docket

number, [PP–5E04568/P653]. All

written comments filed in response to

this petition will be available in the

Public Response and Program Resources

Branch, at the address given above, from

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

Friday, except legal holidays.

A record has been established for this

rulemaking under docket number [PP–

5E04568/P653] (including comments

and data submitted electronically as

described below). 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 can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov

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 all comments received

electronically into printed, paper form

as they are received and will be placed

in the paper copies of the official

rulemaking record which also will

include all comments submitted directly

in writing. The official rulemaking

record is the paper record maintained at

the address in the ‘‘ADDRESSES’’ at the

beginning of this document.

The Office of Management and Budget

has exempted this rule from the

requirements of section 2 of Executive

Order 12866.

Pursuant to the requirement 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 an 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, Food

additives, Pesticides and pests,

Processed foods, Reporting and

recordkeeping requirements.
24740 Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / Proposed Rules

Dated: May 7, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, it is proposed that 40 CFR

part 180 be 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 § 180.1001 the tables in

paragraphs (c) and (e) are amended by

adding alphabetically the inert

ingredient, to read as follows:

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert Ingredient Limits Uses

* * * * * * *

2-Propene-1-sulfonic acid, sodium salt, polymer with ethenol and

ethenyl acetate, number average molecular weight (in amu)

6,000 - 12,000.

Binding Agent

* * * * * * *

(e) * * *

Inert Ingredient Limits Uses

* * * * * * *

2-Propene-1-sulfonic acid, sodium salt, polymer with ethenol and

ethenyl acetate, number average molecular weight (in amu)

6,000 - 12,000.

Binding Agent

* * * * * * *

[FR Doc. 96–12195 Filed 5–15–96; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

42 CFR Part 84

National Institute for Occupational

Safety and Health (NIOSH); Meeting

AGENCY: National Institute for

Occupational Safety and Health, CDC,

HHS.

ACTION: Public meetings and request for

comments.

SUMMARY: This document is to request

public comments in preparation of

rulemaking to revise current NIOSH

procedures for certifying respiratory

devices used to protect workers in

hazardous environments. NIOSH is

seeking public comments on issues of

privatization and fees related to possible

changes in its administration of

respirator certification, and comments

on establishing priorities for future

rulemaking. NIOSH will hold three

public meetings in June 1996 to discuss

these issues and will consider all

comments provided in response to this

notice.

DATES: The meetings are scheduled as

follows:

1. June 6, 1996, 9:00 a.m. to 5:00 p.m.,

Washington, D.C.

2. June 7, 1996, 9:00 a.m. to 5:00 p.m.,

Washington, D.C.

3. June 8, 1996, 9:00 a.m. to 5:00 p.m.,

Northglenn, Colorado

ADDRESSES: The meetings will be held at

the following locations:

1. Washington—Holiday Inn Capitol

(Columbia Room), 550 C Street SW.,

Washington, DC 20024

2. Washington—Holiday Inn Capitol

(Columbia Room), 550 C Street SW.,

Washington, DC 20024

[Open to the public, limited only by

the space available.

The meeting room accomodates

approximately 150 people.]

3. Northglenn—Holiday Inn Denver

Northglenn (Pikes Peak Room), 10

East 120th Avenue, Northglenn,

Colorado 80233

[Open to the public, limited only by

the space available.

The meeting room accommodates

approximately 200 people.]

Comments should be mailed to the

NIOSH Docket Office, Robert A. Taft

Laboratories, M/S C34, 4676 Columbia

Parkway, Cincinnati, Ohio 45226,

telephone 513/533–8450, fax 513/533–

8285. Comments may also be submitted

by e-mail to:

DMM2@NIOSDT1.EM.CDC.GOV. E-mail

attachments should be formatted as

WordPerfect 4.2, 5.0, 5.1/5.2, 6.0/6.1, or

ASCII files. Requests to participate in

the public meeting should be mailed to

the NIOSH Docket Officer, at the same

address.

FOR FURTHER INFORMATION CONTACT:

Richard W. Metzler or Roland Berry

Ann, NIOSH, 1095 Willowdale Road,

Morgantown, West Virginia 26505–

2888, telephone 304/285–5907.

SUPPLEMENTARY INFORMATION:

I. Background

Under the Federal Mine Safety and

Health Act of 1977 (Pub. L. 91–173, as

amended by Pub. L. 95–164), NIOSH

and the Mine Safety and Health

Administration are mandated to

approve respirators used for worker

protection. In June 1995, NIOSH

published a final rule (42 CFR part 84),

beginning a stepwise or ‘‘modular’’

approach to updating the respirator

certification process and requirements.

The 1995 final rule transferred the

existing standards for respirator

certification from the labor section to

the health section of federal regulations

to expedite NIOSH rulemaking to

improve these standards. Concurrently,

the final rule revised existing standards

for certifying the most commonly used

respirators, air-purifying respirators

used to filter out toxic particulates.

NIOSH had identified these revisions as