30202 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules

‘‘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 (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 explaining the

factual basis for this determination 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: June 3, 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 § 180.421, the table in paragraph

(a) is amended by adding alphabetically

the entry for filberts, to read as follows:

§ 180.421 Fenarimol; tolerances for

residues.

(a) * * *

Commodity Parts per

million

* * * * *

Filberts ...................................... 0.02

* * * * *

* * * * *

[FR Doc. 96–15041 Filed 6–13–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 180

[OPP–300426; FRL–5374–4]

RIN 2070–AC18

Vinyl Pyrrolidone-Acrylic Acid

Copolymer; 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 vinyl pyrrolidone-acrylic acid

copolymer when used as an inert

ingredient (adhesive, dispersion

stabilizer and coating for sustained

release granules) in pesticide

formulations applied to growing crops,

raw agricultural commodities after

harvest, and applied to animals. This

proposed regulation was requested by

International Specialty Products.

DATES: Written comments, identified by

the docket number [OPP–300426], must

be received on or before July 15, 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, 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). 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. 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: 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

[OPP–300426]. 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

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: 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:

International Specialty Products, 1361

Alps Road, Wayne, NJ 07470, submitted

pesticide petition (PP) 6E04659 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

vinyl pyrrolidone-acrylic acid

copolymer (CAS Reg. No. 28062–44–4),

when used as an inert ingredient

(adhesive, dispersion stabilizer and

coating for sustained release granules)

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).

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

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
Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules 30203

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 vinyl pyrrolidoneacrylic acid copolymer 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.

Vinyl pyrrolidone-acrylic acid

copolymer conforms to the definition of

polymer given in 40 CFR 723.250(b) and

meets the following criteria that are

used to identify low risk polymers:

1. Vinyl pyrrolidone-acrylic acid

copolymer is not a cationic polymer, nor

is it reasonably anticipated to become a

cationic polymer in a natural aquatic

environment.

2. Vinyl pyrrolidone-acrylic acid

copolymer contains as an integral part

of its composition the atomic elements

carbon, hydrogen, oxygen and nitrogen.

3. Vinyl pyrrolidone-acrylic acid

copolymer 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. Vinyl pyrrolidone-acrylic acid

copolymer is not designed, nor it is

reasonably anticipated to substantially

degrade, decompose or depolymerize.

5. Vinyl pyrrolidone-acrylic acid

copolymer 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. Vinyl pyrrolidone-acrylic acid

copolymer contains only carboxylic acid

groups as reactive functional groups.

7. The minimum number-average

molecular weight of vinyl pyrrolidoneacrylic acid copolymer is listed as 6,900

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) tract. Chemicals not

absorbed through the skin or GI tract

generally are incapable of eliciting a

toxic response.

8. Vinyl pyrrolidone-acrylic acid

copolymer has a number average

molecular weight of 6,900 and contains

less than 10 percent oligomeric material

below molecular weight 500 and less

than 25 percent oligomeric material

below 1,000 molecular weight. 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 tolerance is not necessary to

protect the public health. Therefore,

EPA proposes that the exemptions from

the requirement of a tolerance be

established for this polymer 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, [OPP–300426].

A record has been established for this

rulemaking under docket number [OPP–

300426] (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 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.

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 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 Subject in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Food

additives, Pesticides and pests,

Processed foods, Reporting and

recordkeeping requirements.

Dated: May 31, 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, paragraphs (c) and

(e), the table in each paragraph is

amended by adding alphabetically the

inert ingredient ‘‘Vinyl pyrrolidoneacrylic acid copolymer,’’ to read as

follows:
30204 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Proposed Rules

§ 180.1001 Exemptions from the

requirement of a tolerance.

* * * * *

(c) * * *

Inert Ingredient Limits Uses

* * * * * * *

Vinyl pyrrolidone-acrylic acid copolymer

(CAS Reg. No. 28062–44–4), minimum

number average molecular weight (in

amu) 6,000.

Adhesive, dispersion

stabilizer and coating for sustained

release granules.

* * * * * * *

* * * * * (e) * * *

Inert Ingredient Limits Uses

* * * * * * *

Vinyl pyrrolidone-acrylic acid copolymer

(CAS Reg. No. 28062–44–4), minimum

number average molecular weight (in

amu) 6,000.

Adhesive, dispersion

stabilizer and coating for sustained

release granules.

* * * * * * *

[FR Doc. 96–15197 Filed 6–13–96; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 186

[PP5F4545, FAP6H5737/P663; FRL–5375–5]

Quizalofop-P Ethyl Ester; Pesticide

Tolerance and Maximum Residue Level

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to establish a

tolerance for the residues of the

herbicide quizalofop (2-[4-(6-

chloroquinoxalin-2-yl)oxy)phenoxy])-

propanoic acid], and quizalofop ethyl

[ethyl-(2-[4-(6-chloroquinoxalin-2-yl)

oxy)phenoxy)propanoate), all expressed

as quizalofop ethyl in or on the raw

agricultural commodity canola seed at

1.0 part per million (ppm) and to

establish a maximum residue limit for

quizalofop ethyl on canola meal at 1.5

ppm. E.I. DuPont de Nemours Company

submitted petitions pursuant to the

Federal Food, Drug, and Cosmetic Act

(FFDCA) requesting these regulations to

establish certain maximum permissible

residue levels for residues of the

herbicide.

DATES: Comments, identified by the

docket control number [PP PP5F4545,

FAP6H5737/P663], must be received on

or before July 15, 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. Comments and data may also be

submitted to OPP 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 Word Perfect 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket number

[PP 5F4545, FAP 6H5737/P663].

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 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

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

notice. All written comments will be

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.

FOR FURTHER INFORMATION CONTACT: By

mail, Robert J. Taylor, Product Manager

(PM-25), Registration Division (7505C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location, telephone number, and

e-mail address: Rm. 241, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA

22202, (703)-305-6027; e-mail:

taylor.robert@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued notices published in the Federal

Register of February 1, 1996 (61 FR

3696) (FRL-4994-3), which announced

that E.I. Du Pont de Nemours Company,

Agricultural Products, Walkers Mill,

Barley Mill Plaza, P.O. Box 80038,

Wilmington, DE 19880-0038, had

submitted pesticide petition (PP)

5F4545 to EPA proposing to amend 40

CFR 180.441 by establishing tolerances

for residues of the herbicide quizalof [2-

4-(6-chloroquinoxalin-2-

yl)oxylphenoxy)propanic acid] and

quizalofop ethyl(ethyl-2-[4,(6-

chloroxyunoxalin-2-

yl)oxy)phenoxy]propanonate), all

expressed as quizalofop ethyl in or on

foliage of legume vegetables (except

soybean) at 3.0 ppm and on canola seed

at 2.0 ppm. DuPont also submitted a