[Federal Register Volume 61, Number 108 (Tuesday, June 4, 1996)]
[Proposed Rules]
[Pages 28120-28122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13437]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 6E04704/P657; FRL-5369-5]
RIN 2070-AC18


<greek-a>-Alkyl (C<INF>10-C<INF>15)-<greek-oh>-Hydroxy 
Poly(oxyethylene) Sulfate and its Ammonium, Calcium, Magnesium, 
Potassium, Sodium and Zinc Salts; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that the current exemption from the 
requirement of a tolerance for <greek-a>-alkyl (C<INF>12-C<INF>15)-
<greek-oh>-hydroxy poly(oxyethylene) sulfate and its ammonium, calcium, 
magnesium, potassium, sodium and zinc salts; the polyoxyethylene 
content averages 3 moles be amended to include alkyl groups ranging 
from C<INF>10-C<INF>14. This proposed regulation was requested by 
Henkel Corporation pursuant to Federal Food, Drug, and Cosmetic Act 
(FFDCA).

DATES: Comments, identified by the docket control number [PP 6E04704/
P657], must be received on or before July 5, 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 deliver comments to: Rm. 1132, Crystal 
Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Information submitted as a comment concerning this document 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 will be included in the public docket by EPA without prior 
notice. The public docket is available for public inspection in Rm. 
1132 at the Virginia address given above, from 8 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: <a href="/cdn-cgi/l/email-protection#8ce3fcfca1e8e3efe7e9f8cce9fcede1ede5e0a2e9fceda2ebe3fa"><span class="__cf_email__" data-cfemail="610e11114c050e020a0415210411000c00080d4f0411004f060e17">[email protected]</span></a>. 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 6E04704/P657]. No 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 below in this document.
FOR FURTHER INFORMATION CONTACT: By mail: Bipin Gandhi, Registration 
Support Branch, Registration Division (7505W), Office of Pesticide 
Programs,

[[Page 28121]]

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) 308-8380, e-mail: gandhi.bipin 
@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Henkel Corporation, 4900 Este Avenue, 
Cincinnati, Ohio 45232-1491, has submitted pesticide petition (PP) 
6E04704 to EPA requesting that the Administrator, pursuant to section 
408(e) of the FFDCA, 21 U.S.C. 346a(e), propose to amend 40 CFR 
180.1001(c) and (e) by establishing an exemption from the requirement 
of a tolerance for <greek-a>-alkyl (C<INF>10-C<INF>14)-<greek-oh>-
hydroxy poly(oxyethylene) sulfate and its ammonium, calcium, magnesium 
potassium, sodium, and zinc salts; the poly(oxyethylene) content 
averages 2 moles when used as an inert ingredient (surfactants, related 
adjuvants of surfactants) in pesticide formulations applied to growing 
crops or to raw agricultural commodities after harvest.
    Inert ingredients are all ingredients that are not active 
ingredients as defined in 40 CFR 153.125 and include, but are not 
limited to, the following types of ingredients (except when they have a 
pesticidal efficacy of their own): solvents such as alcohols and 
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty 
acids; carriers such as clay and diatomaceous earth; thickeners such as 
carrageenan and modified cellulose; wetting, spreading, and dispersing 
agents; propellants in aerosol dispensers; microencapsulating agents; 
and emulsifiers. The term ``inert'' is not intended to imply 
nontoxicity; the ingredient may or may not be chemically active.
    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 <greek-a>-alkyl 
(C<INF>10-C<INF>14)-<greek-oh>-hydroxy poly(oxyethylene) sulfate and 
its ammonium, calcium, magnesium, potassium, sodium, and zinc salts; 
the poly(oxyethylene) content averages 2 moles will need to be 
submitted. The rationale for this decision is described below:
    (1) The closely related surfactant, <greek-a>-alkyl (C<INF>12-
C<INF>15)-<greek-oh>-hydroxy poly(oxyethylene) sulfate and its 
ammonium, calcium, magnesium, potassium, sodium, and zinc salts; the 
poly(oxyethylene) content averages 3 moles is exempt from the 
requirement of a tolerance under 40 CFR 180.1001(c).
    (2) A related alkyl ethoxylate surfactant, <greek-a>-alkyl-
(C<INF>8-C<INF>18)-<greek-oh>-hydroxypoly(oxyethylene) with a 
poly(oxyethylene) content of 2 to 30 moles, is exempt from the 
requirement of a tolerance under 40 CFR 180.1001(c).
    (3) The addition of the C<INF>10-C<INF>14 alkyl chain to the 
existing C<INF>12-C<INF>15 alkyl chain of alkyl C<INF>12-C<INF>15-
omega-hydroxy poly(oxyethylene) sulfate and its ammonium, calcium, 
magnasium, potassium, sodium and zinc salts and a reduction in average 
poly(oxyethylene) content from 3 moles to 2 moles is not expected to 
result in any adverse effects on health or the environment.
    Based upon 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 as amended, which contains any of the ingredients 
listed herein, may request within 30 days after publication of this 
document in the Federal Register that this proposal be referred to an 
Advisory Committee in accordance with section 408(e) of FFDCA.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
docket control number, [PP 6E04704/P657]. All written comments filed in 
response to this petition will be available in the Public Response and 
Program Resources Branch, at the Virginia 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 6E04704/P657] (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:
    <a href="/cdn-cgi/l/email-protection#771807075a1318141c1203371207161a161e1b5912071659101801"><span class="__cf_email__" data-cfemail="3c534c4c1158535f5759487c594c5d515d555012594c5d125b534a">[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 all comments 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.
    This action does not impose any enforceable duty, or contain any 
``unfunded mandates'' as described in Title II of the Unfunded Mandates 
Reform Act of 1995 (Pub. L. 104-4), or require prior consultation as 
specified by Executive Order 12875 (58 FR 58093, October 28, 1993), 
entitled Enhancing the Intergovernmental Partnership, or special 
consideration as required by Executive Order 12898 (59 FR 7629, 
February 16, 1994).
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-3 54, 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, Reporting and 
recordkeeping requirements.

Dated: May 15, 1996.


[[Page 28122]]


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 Sec. 180.1001 the table to paragraphs (c) and (e) is amended 
by revising the listing for ``<greek-a>-Alkyl C<INF>12-C<INF>15-
<greek-oh>-hydroxy poly(oxyethylene) sulfate and its ammonium, calcium, 
magnesium, potassium, sodium and zinc salts; the polyoxyethylene 
content averages 3 moles'' to read as follows:


Sec. 180.1001  Exemptions from the requirements of a tolerance.

* * * * *
    (c) *        *        *


------------------------------------------------------------------------
         Ingredients                Limits                 Uses         
------------------------------------------------------------------------
                                                                        
         *        *        *        *        *        *        *        
 <greek-a>-Alkyl (C<INF>10-C<INF>15)-      ..............  Surfactants, related   
 <greek-oh>-hydroxy                               adjuvants of          
 poly(oxyethylene) sulfate                        surfactants.          
 and its ammonium, calcium,                                             
 magnesium, potassium,                                                  
 sodium, and zinc salts; the                                            
 poly(oxyethylene) content                                              
 averages 2 moles.                                                      
                                                                        
         *        *        *        *        *        *        *        
------------------------------------------------------------------------

* * * * *

    (e) *        *        *


------------------------------------------------------------------------
         Ingredients                Limits                 Uses         
------------------------------------------------------------------------
                                                                        
        *        *        *        *        *        *        * `       
 <greek-a>-Alkyl (C<INF>10-C<INF>15)-      ..............  Surfactants, related   
 <greek-oh>-hydroxy                               adjuvants of          
 poly(oxyethylene) sulfate                        surfactants.          
 and its ammonium, calcium,                                             
 magnesium, potassium,                                                  
 sodium, and zinc salts; the                                            
 poly(oxyethylene) content                                              
 averages 2 moles.                                                      
                                                                        
         *        *        *        *        *        *        *        
------------------------------------------------------------------------


[FR Doc. 96-13437 Filed 6-3-96; 8:45 am]
BILLING CODE 6560-50-F

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