Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules 26859

A record has been established for this

rulemaking under docket number [OPP–

300360A] (including any 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 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Rm. 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 Hwy., 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 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.

List of Subjects in 40 CFR Part 180

Administrative practice and

procedure, Agricultural commodities,

Food additives, Pesticides and pests,

Processed foods, Reporting and

recordkeeping requirements.

Dated: May 15, 1996.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 96–13284 Filed 5–28–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[PP 6E04666/P660; FRL–5371–6]

RIN 2070–AC18

Methyl Esters of Tall-Oil Fatty Acids;

Tolerance Exemption

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: This document proposes that

methyl esters of tall-oil fatty acids be

exempted from the requirement of a

tolerance when used as an inert

ingredient (adjuvant) in pesticide

formulations. This proposed regulation

was requested by Union Camp

Corporation pursuant to the Federal

Food, Drug, and Cosmetic Act (FFDCA).

DATES: Comments, identified by the

docket number [PP 6E04666/P660],

must be received on or before June 28,

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 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: 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 in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket

number, [PP 6E04666/P660]. 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,

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: Union

Camp Corporation, P.O.Box 2668,

Savannah, GA. 31402, has submitted

pesticide petition (PP) 6E04666 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) by

establishing an exemption from the

requirement of a tolerance for methyl

esters of tall-oil fatty acids when used

as an inert ingredient (adjuvant) 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 methyl esters of

tall-oil fatty acids will need to be

submitted. The rationale for this

decision is described below:

(1) Tall-oil fatty acids are exempted

from the requirement of a tolerance

under 40 CFR 180.1001(c) as ‘‘Tall-oil;

fatty acids not less than 58 percent,

rosin acids not more than 44 percent,

unsaponifiables not more than 8

percent.’’
26860 Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules

(2) Methyl esters of tall-oil fatty acids

are prepared from tall-oil fatty acids.

These methyl esters degrade to tall-oil

fatty acids and therefore, are considered

no more toxic than the corresponding

tall-oil fatty acids.

(3) Methyl esters (distilled) of tall-oil

fatty acids contain 1 to 5 percent rosin

acids and 2 percent unsaponifiables and

are therefore expected to be less toxic

compared to the maximum permitted

levels of 44 percent rosin acids and 8

percent unsaponifiables respectively for

tall-oil fatty acids specified under 40

CFR 180.1001(c).

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 (FIFRA) 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

number, [PP 6E04666/P660].

A record has been established for this

rulemaking under docket number [PP

6E04666/P660] (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 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 16, 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 table to

paragraph (c) is amended by adding

alphabetically the inert ingredient

‘‘Methyl esters of tall-oil fatty acids,’’ to

read as follows:

§ 180.1001 Exemptions from the

requirements of a tolerance.

* * * * *

Ingredients Limits Uses

* * * * * * *

Methyl esters of tall-oil fatty acids. (Fatty acids not

less than 58 percent, rosin acids not less than 44

percent unsaponifiables not less than 8 percent).

.............................................. Adjuvant

* * * * * * *
Federal Register / Vol. 61, No. 104 / Wednesday, May 29, 1996 / Proposed Rules 26861

[FR Doc. 96–13441 Filed 5–28–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180, 185 and 186

[OPP–300408; FRL–4992–5]

RIN 2070–AC18

Pesticide Chemicals; Various

Tolerance Actions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to revoke

tolerances established for residues of 13

pesticide chemicals in or on certain raw

agricultural commodities (RACs) and

processed foods. EPA is initiating this

action because there are no current

registrations associated with these food

uses. The applicable registrations for

these pesticide uses have been canceled

because of nonpayment of maintenance

fees, or by company request.

DATES: Written comments, identified by

the document control number [OPP–

300408], must be received on or before

July 29, 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 Hwy., Arlington, VA

22202. 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). CBI should not be submitted

through e-mail. Information marked as

CBI 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.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: 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.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket

number. [OPP-300408]. 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 submission can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Owen F. Beeder, Registration

Division (7505W), Office of Pesticide

Programs, Environmental Protection

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

20460. Office location and telephone

number: Sixth Floor, Crystal Station #1,

2800 Jefferson Davis Highway,

Arlington, VA 22202, (703)-308-8351; email: beeder.owen@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: This

document proposes the revocation of

tolerances and food and feed additive

regulations (tolerances) established

under sections 408 and 409 of the

Federal Food, Drug, and Cosmetic Act

(FFDCA) (21 U.S.C. 346a and 348) for

residues of the herbicides dalapon,

diphenamid, sesone, fluchloralin and

metobromuron; the fungicides basic

zinc sulfate, glyodin, hexachlorophene

and manam; the insecticide hydrogen

cyanide; the plant regulators DNOC and

metachlorphenprop; and the food

additive ethyl formate, in or on raw

agricultural commodities (RACs),

processed foods, and feeds. EPA is

initiating this action because all

registered uses of these pesticide

chemicals in or on RACs and processed

foods have been canceled. The

registrations for these pesticide

chemicals were canceled because the

registrant failed to pay the required

maintenance fee and/or the registrant

voluntarily canceled all registered uses

of the pesticide. Because there are no

current food use registrations for any of

these 13 pesticide chemicals, EPA

proposes to revoke the tolerance and

food additive and feed additive

regulations for these pesticide

chemicals. A tolerance, food additive, or

feed additive regulation is not generally

necessary for a pesticide chemical that

is not registered for a particular food

use. The Agency is not recommending

the establishment of action levels in

place of these regulations. Since there

are no food use registrations associated

with these tolerances-hence, no legal

use in the United States-and since these

pesticides are either not persistent, or

sufficient time has elapsed since their

prior use for residues to dissipate,

residues should not appear in any

domestically produced commodities.

Because there no current food use

registrations for any of these 13

pesticide chemicals EPA proposes to

immediately revoke the tolerances for

all of the pesticides listed above with

the exception of dalapon, diphenamid,

glyodin, and DNOC and its sodium salt.

Although no usages in 1992 have been

found for the herbicides dalapon and

diphenamid, the fungicide glyodin, and

the plant regulater DNOC and its

sodium salt, and their registered

products were canceled over three years

ago (except for DNOC, for which the last

product was canceled in February

1993), each of these chemicals still had

small domestic usages on certain crops

as late as 1994 and 1995. EPA has

therefore decided to delay the

revocation of dalapon, diphenamid,

glyodin and DNOC until May 1, 1999,

instead of immediately to allow

domestic growers who may still have

stocks on hand to use up their supplies

and permit any treated raw commodities

and products processed from such

commodities to move through marketing

channels, and, therefore, result in little

or no domestic impacts. EPA is effecting

this delayed revocation by including an

expiration date in the tolerance.

The tolerances, food additive and feed

additive regulations listed in 40 CFR

part 180 being proposed for revocation

are as follows: § 180.102 (sesone),

§ 180.124 (glyodin), § 180.130 (hydrogen

cyanide), § 180.150 (dalapon), § 180.161

(manganous dimethyldithiocarbamate

(manam)), § 180.230 (diphenamid),

§ 180.244 (basic zinc sulfate), § 180.250

(metobromuron), § 180.302

(hexachlorophene), § 180.325 2-(mChlorophenoxy) propionic acid

(metachlorphenprop), § 180.344 (4,6-

dinitro-o-cresol) (DNOC), and its

sodium salt, § 180.363 (fluchloralin),

§ 185.2900 (ethyl formate), § 185.1500

(dalapon), and § 186.1500 (dalapon).

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, which

contains any of the ingredients listed

herein, may request within 30 days after

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 Federal Food, Drug, and

Cosmetic Act (FFDCA).

Interested persons are invited to

submit written comments on the

proposed regulation. Further, EPA is

soliciting comments from anyone

adversely affected by revocation of these

tolerances, exemption from tolerance,

food additive and feed additive

regulations. EPA requests that anyone