45312 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0230; FRL–8372–7] 

Inert Ingredients; Extension of 

Effective Date of Revocation of Certain 

Tolerance Exemptions with Insufficient 

Data for Reassessment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This document moves the 

effective date of the revocation of 

certain inert ingredient tolerance 

exemptions with insufficient data for 

reassessment as set forth in the Federal 

Register on August 9, 2006 (71 FR 

45415). 

DATES: In the final rule published 

August 9, 2006 (71 FR 45421): 

1. The effective date is delayed from 

August 9, 2008, to August 9, 2009, for 

the following amendments to § 180.910: 

2.a., c., i. through k., m. through o., s., 

t., w. through aa., and cc. 

2. The effective date is delayed from 

August 9, 2008, to August 9, 2009, for 

the following amendments to § 180.920: 

3.a., b., e. through k., m. through p., s., 

y., z., bb., cc., ff., gg., ii., ll. through nn., 

and ss. 

3. The effective date is delayed from 

August 9, 2008, to August 9, 2009, for 

the following amendments to § 180.930: 

4.b., c., d., f., l., n., o., s. through w., cc., 

and ee. through jj. 

4. The effective date is delayed from 

August 9, 2008, to August 9, 2009, for 

the following amendments to § 180.940: 

5.a.i., ii., and 5.c.i., ii., iv., vii., and viii. 

Objections and requests for hearings 

must be received on or before October 

3, 2008, and must be filed in accordance 

with the instructions provided in 40 

CFR part 178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2006–0230. All documents in the 

docket are listed in the index for the 

docket. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S-4400, 

One Potomac Yard (South Bldg.), 2777 

S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Karen Angulo, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460-0001; telephone number: 

(703) 306–0404; e-mail address: 

angulo.karen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

Unit II. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

II. Background and Statutory Findings 

A. Background. 

In a final rule published in the 

Federal Register on August 9, 2006 (71 

FR 45415) (FRL–8084–1), EPA revoked 

inert ingredient tolerance exemptions 

because insufficient data were available 

to the Agency to make the safety 

determination required by FFDCA 

section 408(c)(2). In reassessing the 

safety of the tolerance exemptions, EPA 

considered the validity, completeness, 

and reliability of the data that are 

available to the Agency [FFDCA section 

408 (b)(2)(D)] and the available 

information concerning the special 

susceptibility of infants and children 

(including developmental effects from 

in utero exposure) [FFDCA section 408 

(b)(2)(C)]. EPA concluded it had 

insufficient data to make the safety 

finding of FFDCA section 408(c)(2) and 

revoked the inert ingredient tolerance 

exemptions identified in the final rule 

under 40 CFR 180.910, 180.920, 

180.930, and 180.940, with the 

revocations effective on August 9, 2008. 

EPA has received communications 

from pesticide registrants and inert 

ingredient manufacturers expressing 

interest in supporting certain inert 

ingredient tolerance exemptions that 

were revoked in the final rule of August 

9, 2006. EPA developed voluntary 

guidance describing how interested 

parties could support these revoked 

tolerance exemptions, including 

consultations with the Agency about 

how they can demonstrate support, 

identifying test materials, and providing 

evidence that a laboratory has been 

hired to conduct the study. The 

voluntary guidance document, entitled 

‘‘Guidance for Supporting the Inert 

Ingredients Subject to the Revocation 

Notice of August 9, 2006’’, is available 

on EPA’s Web site at http:// 

www.epa.gov/opprd001/inerts/. 

In the interest of keeping the 

stakeholders informed about activities 

that may affect these revoked tolerance 

exemptions, EPA published the support 

status of each of the revoked tolerance 

exemptions in the Federal Register of 

November 2, 2007, (72 FR 62232) (FRL– 

8155–4), and indicated whether the 

Agency had received a demonstration of 

intent to support (such as described in 

the guidance document). Be advised 

that the information provided in today’s 

notice or the November 2, 2007 (72 FR 

62232) notice on the revoked inert 

ingredients does not guarantee or in any 

way bind the Agency to reinstate 

tolerance exemptions or establish new 

tolerance exemptions. EPA cannot 

guarantee that the parties will, in fact, 

submit any data at all. Additionally, it 

is possible that the data submitted to 

support a tolerance exemption may not 

support a safety finding under FFDCA 

section 408(c)(2). In these cases, the 

tolerance exemption will not be 

reinstated nor will a new one be 

established. It is important to note that 

several parties have indicated that they 

may want to support only a portion of 

a tolerance exemption expression that 

includes a range of chemicals. At this 

time, EPA does not know exactly what 

range of chemicals within a tolerance 

exemption will eventually be supported 

by data. Until the data are submitted 

and reviewed, EPA will not know what 

portion, if any, of a current tolerance 


pwalker on PROD1PC71 with RULES2
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 45313 

exemption can be reinstated. If the 

results of the data permit, a supported 

exemption may be reinstated in whole, 

or a new tolerance exemption may be 

established if only a part of a revoked 

exemption is supported by the data. 

EPA recommends that registrants 

relying on the continued existence of a 

particular tolerance exemption contact 

the chemical’s supplier to confirm their 

plans for supporting the exemption. 

B. Moving the Effective Date of the 

Revocation for Supported Tolerance 

Exemptions 

EPA has received requests for an 

extension of the revocation date from 

pesticide registrants and inert ingredient 

manufacturers who have demonstrated 

their intent to support certain inert 

ingredient tolerance exemptions. For 

each of these supported tolerance 

exemptions, EPA has received data 

development plans and schedules with 

all data projected to be submitted by 

January 2009. EPA has determined that 

these parties have shown a good-faith 

effort to develop studies in a timely 

manner and have followed EPA’s 

guidance (see guidance document) 

describing how interested parties can 

support the revoked tolerance 

exemptions. EPA recognizes that repeatdose studies may take about a year to 

conduct, and this does not include any 

preliminary studies that often must be 

completed beforehand (e.g., range 

finding). EPA will then analyze the 

submitted data and develop risk 

assessments prior to making a safety 

finding and reinstatement 

determination. EPA, therefore, 

concludes that additional time is 

necessary for study generation and the 

development of EPA’s risk assessments, 

and that the effective date of the 

revocation of the supported tolerance 

exemptions should be moved by one 

year to August 9, 2009. 

In addition, two other revoked 

tolerance exemptions received an 

acceptable demonstration of support 

and the effective date of the revocation 

is now August 9, 2009. In the Federal 

Register on August 9, 2006 (71 FR 

45415), the Agency revoked two inert 

ingredient tolerance exemptions with 

insufficient data under 40 CFR part 180. 

They were inadvertently removed from 

the CFR some time ago but are 

considered to be active tolerance 

exemptions subject to reassessment as 

required by the FFDCA section 408(q). 

The effective date of the revocation of 

the following two tolerance exemptions 

is now August 9, 2009: 1. § 180.910: ‘‘aAlkyl(C12-C15)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts; the 

poly(oxyethylene) content averages 3 

moles.’’, and 2. § 180.930: ‘‘a-Alkyl (C12- 

C15)-w-hydroxypoly(oxyethylene) sulfate 

and its ammonium, calcium, 

magnesium, potassium, sodium, and 

zinc salts; the poly(oxyethylene) content 

averages 3 moles.’’

It is important to note that this action 

does not move the effective date of those 

tolerance exemptions revoked in the 

Federal Register on August 9, 2006 (71 

FR 45415) for which there has been no 

expression of an intent to support. 

Elsewhere in this issue of the Federal 

Register is a document providing the 

revocation date of each of the inert 

ingredient tolerance exemptions 

revoked because of insufficient data on 

August 9, 2006. Tolerance exemptions 

with no expression of an intent to 

support are revoked as of August 9, 

2008. All commodities containing 

residues of these revoked inert 

ingredients on food are adulterated 

under FFDCA 408 if the residues are the 

result of applications of pesticide 

products made after August 9, 2008. At 

this time, EPA is no longer accepting or 

processing applications for registrations 

for food-use products containing a 

tolerance exemption that expires on 

August 9, 2008 unless accompanied by 

a petition for a new tolerance or 

exemption under the Pesticide 

Registration Improvement Renewal Act 

(PRIA 2), together with all necessary 

supporting data. Registrants who 

submitted a registration application for 

a food-use formulation containing an 

inert ingredient with an expiring 

tolerance exemption may submit a new 

application for registration with only 

those inert ingredients that are approved 

for the label’s use sites. If the 

registration application is subject to 

PRIA 2, including registration 

applications submitted under PRIA 2 

that include a petition for a new or 

amended food-use inert ingredient, the 

following Web site provides useful 

information: http://www.epa.gov/ 

pesticides/fees/questions/ 

pria21day_wrksht.pdf. Currently 

approved food-use inert ingredient 

tolerance exemptions are found in 40 

CFR part 180 (http://www.epa.gov/ 

opprd001/inerts/lists.html). Contact 

EPA’s Inert Ingredient Assessment 

Branch at inertsbranch@epa.gov for 

information about how to establish a 

new inert ingredient. 

C. What is the Agency’s Authority for 

Taking this Action? 

A ‘‘tolerance’’ represents the 

maximum level for residues of pesticide 

chemicals legally allowed in or on raw 

agricultural commodities and processed 

foods. Section 408 of FFDCA, 21 U.S.C. 

346a, as amended by FQPA, Public Law 

104-170, authorizes the establishment of 

tolerances, exemptions from tolerance 

requirements, modifications in 

tolerances, and revocation of tolerances 

for residues of pesticide chemicals in or 

on raw agricultural commodities and 

processed foods. Without a tolerance or 

exemption, food containing pesticide 

residues is considered to be unsafe and 

therefore ‘‘adulterated’’ under FFDCA 

section 402(a), 21 U.S.C. 342(a). Such 

food may not be distributed in interstate 

commerce (21 U.S.C. 331(a)). For a fooduse pesticide to be sold and distributed, 

the pesticide must not only have 

appropriate tolerances under FFDCA, 

but also must be registered under 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) (7 U.S.C. 136 

et seq.). Food-use pesticides not 

registered in the United States must 

have tolerances in order for 

commodities treated with those 

pesticides to be imported into the 

United States. Under FFDCA Section 

408(e)(1)(B), 21 U.S.C. 346a(e)(1)(B), 

EPA may take action establishing, 

modifying, suspending or revoking a 

tolerance exemption. 

III. Delayed Effective Date for Certain 

Tolerance Exemptions 

The amendatory designations listed in 

this unit are reprinted from the final 

rule published in the Federal Register 

issue of August 9, 2006 (71 FR 45415) 

for the convenience of the user. The 

structure mirrors the amendatory 

designations in the original document. 

The asterisks represent those 

amendatory designations that go into 

effect August 9, 2008. The amendatory 

designations shown are those with the 

effective date delayed until August 9, 

2009. 

Section 180.910 

* * * * * 

a. a-Alkyl (C9-C18-whydroxypoly(oxyethylene) with 

poly(oxyethylene) content of 2-30 

moles. 

* * * * * 

c. a-Alkyl (C6-C14)-whydroxypoly(oxypropylene) block 

copolymer with polyoxyethylene; 

polyoxypropylene content is 1-3 moles; 

polyoxyethylene content is 4-12 moles; 

average molecular weight (in amu) is 

approximately 635. 

* * * * * 

i. Ethylene oxide adducts of 2,4,7,9- 

tetramethyl-5-decynediol, the ethylene 

oxide content averages 3.5, 10, or 30 

moles. 


pwalker on PROD1PC71 with RULES2
45314 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

j. a-Lauryl-whydroxypoly(oxyethylene), average 

molecular weight (in amu) of 600. 

k. a-Lauryl-whydroxypoly(oxyethylene) sulfate, 

sodium salt; the poly(oxyethylene) 

content is 3-4 moles. 

* * * * * 

m. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; the nonyl group is a 

propylene trimer isomer and the poly 

(oxyethylene) content averages 4-14 

moles or 30 moles. 

n. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) sulfate, 

ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts; the 

nonyl group is a propylene trimer 

isomer and the poly(oxyethylene) 

content averages 4 moles. 

o. Polyglyceryl phthalate ester of 

coconut oil fatty acids. 

* * * * * 

s. Sodium 

diisobutylnaphthalenesulfonate. 

t. Sodium 

dodecylphenoxybenzenedisulfonate. 

* * * * * 

w. Sodium monoalkyl and dialkyl (C8- 

C16) phenoxybenzenedisulfonate 

mixtures containing not less than 70% 

of the monoalkylated product. 

x. Sodium mono- and 

dimethylnaphthalenesulfonates, 

molecular weight (in amu) 245-260. 

y. Sodium mono-, di-, and tributyl 

naphthalenesulfonates. 

z. Sodium mono-, di-, and 

triisopropyl naphthalenesulfonate. 

aa. Sodium N-oleoyl-N-methyltaurine. 

* * * * * 

cc. a-[p-(1,1,3,3- 

Tetramethylbutyl)phenyl]-whydroxypoly(oxyethylene) produced by 

the condensation of 1 mole of p-(1,1,3,3- 

tetramethylbutyl)phenol with a range of 

1-14 or 30-70 moles of ethylene oxide: 

if a blend of products is used, the 

average range number of moles of 

ethylene oxide reacted to produce any 

product that is a component of the 

blend shall be in the range of 1-14 or 30- 

70. 

* * * * * 

Section 180.920 

* * * * * 

a. a-Alkyl (C12-C18)-whydroxypoly(oxyethylene) copolymers 

with poly(oxypropylene); 

polyoxyethylene content averages 3-12 

moles and polyoxypropylene content 2- 

9 moles. 

b. a-Alkyl (C10-C16)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; the poly(oxyethylene) 

content averages 3-20 moles. 

* * * * * 

e. a-Alkyl(C12-C18)-w-hydroxypoly 

(oxyethylene/oxypropylene) hetero 

polymer in which the oxyethylene 

content averages 13-17 moles and the 

oxypropylene content averages 2-6 

moles. 

f. a-Alkyl (C10-C16)-whydroxypoly(oxyethylene)poly 

(oxypropylene) mixture of di- and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; the combined 

poly(oxyethylene) poly(oxypropylene) 

content averages 3-20 moles. 

g. a-Alkyl (C12-C18)-whydroxypoly(oxyethylene/ 

oxypropylene) hetero polymer in which 

the oxyethylene content is 8-12 moles 

and the oxypropylene content is 3-7 

moles. 

h. a-Alkyl (C12-C15)-whydroxypoly(oxyethylene/ 

oxypropylene) hetero polymer in which 

the oxyethylene content is 8-13 moles 

and the oxypropylene content is 7-30 

moles. 

i. a-Alkyl (C21-C71)-w-hydroxypoly 

(oxyethylene) in which the 

poly(oxyethylene) content is 2 to 91 

moles and molecular weight range from 

390 to 5,000. 

j. n-Alkyl(C8-C18)amine acetate. 

k. Amine salts of alkyl (C8-C24) 

benzenesulfonic acid (butylamine, 

dimethylaminopropylamine, mono- and 

diisopropylamine, mono- , di- , and 

triethanolamine). 

* * * * * 

m. N,N-Bis[a-ethyl-whydroxypoly(oxyethylene) alkylamine; 

the poly(oxyethylene) content averages 

3 moles; the alkyl groups (C14-C18) are 

derived from tallow, or from soybean or 

cottonseed oil acids. 

n. N,N-Bis(2- 

hydroxyethyl)alkylamine, where the 

alkyl groups (C8-C18) are derived from 

coconut, cottonseed, soya, or tallow 

acids. 

o. N,N-Bis 2-(whydroxypolyoxyethylene) ethyl) 

alkylamine; the reaction product of 1 

mole N,N-bis(2- 

hydroxyethyl)alkylamine and 3-60 

moles of ethylene oxide, where the alkyl 

group (C8-C18) is derived from coconut, 

cottonseed, soya, or tallow acids. 

p. N,N-Bis-2-(whydroxypolyoxyethylene/ 

polyoxypropylene) ethyl alkylamine; 

the reaction product of 1 mole of N,Nbis(2-hydroxyethyl alkylamine) and 3- 

60 moles of ethylene oxide and 

propylene oxide, where the alkyl group 

(C8-C18) is derived from coconut, 

cottonseed, soya, or tallow acids. 

* * * * * 

s. a-(Di-secbutyl)phenylpoly(oxypropylene) block 

polymer with poly(oxyethylene); the 

poly(oxypropylene) content averages 4 

moles, the poly(oxyethylene) content 

averages 5 to 12 moles, the molecular. 

* * * * * 

y. Linoleic diethanolamide (CAS Reg. 

No. 56863–02–6). 

z. Methyl bis(2-hydroxyethyl)alkyl 

ammonium chloride, where the carbon 

chain (C8-C18) is derived from coconut, 

cottonseed, soya, or tallow acids. 

* * * * * 

bb. Methylnaphthalenesulfonic acid—

formaldehyde condensate, sodium salt. 

cc. Methyl poly(oxyethylene) alkyl 

ammonium chloride, where the 

poly(oxyethylene) content is 3-15 moles 

and the alkyl group (C8-C18) is derived 

from coconut, cottonseed, soya, or 

tallow acids. 

* * * * * 

ff. Naphthalenesulfonic acidformaldehyde condensate, ammonium 

and sodium salts. 

gg. Partial sodium salt of N-lauryl-aiminodipropionic acid. 

* * * * * 

ii. Primary n-alkylamines, where the 

alkyl group (C8-C18) is derived from 

coconut, cottonseed, soya, or tallow 

acids. 

* * * * * 

ll. Sodium 1,4-dihexyl sulfosuccinate. 

mm. Sodium 1,4-diisobutyl 

sulfosuccinate. 

nn. Sodium 1,4-dipentyl 

sulfosuccinate. 

* * * * * 

ss. N,N,N′,N′′-Tetrakis-(2- 

hydroxypropyl) ethylenediamine. 

* * * * * 

Section 180.930 

* * * * * 

b. a-Alkyl (C12-C15)-whydroxypoly(oxyethylene/ 

oxypropylene) hetero polymer in which 

the oxyethylene content is 8-13 moles 

and the oxypropylene content is 7-30 

moles. 

c. a-Alkyl (C8-C10) 

hydroxypoly(oxypropylene) block 


pwalker on PROD1PC71 with RULES2
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 45315 

polymer with polyoxyethylene; 

polyoxypropylene content averages 3 

moles and polyoxyethylene content 

averages 5-12 moles. 

d. a-Alkyl (C6-C14)-whydroxypoly(oxypropylene) block 

copolymer with polyoxyethylene; 

polyoxypropylene content is 1-3 moles; 

polyoxyethylene content is 7-9 moles; 

average molecular weight (in amu) 

approximately 635. 

* * * * * 

f. Amine salts of alkyl (C8-C24) 

benzenesulfonic acid (butylamine; 

dimethylamino propylamine; monoand diisopropyl- amine; and mono- , di- 

, and triethanolamine). 

* * * * * 

l. Ethylene oxide adducts of 2,4,7,9- 

tetramethyl-5-decynediol, the ethylene 

oxide content averages 3.5, 10, or 30 

moles. 

* * * * * 

n. a-Lauryl-whydroxypoly(oxyethylene), average 

molecular weight (in amu) of 600. 

o. a-Lauryl-whydroxypoly(oxyethylene), sulfate, 

sodium salt; the poly(oxyethylene) 

content is 3-4 moles. 

* * * * * 

s. Naphthalenesulfonic acid and its 

sodium salt. 

t. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) mixture of 

dihydrogen phosphate and 

monohydrogen phosphate esters and the 

corresponding ammonium, calcium, 

magnesium, monoethanolamine, 

potassium, sodium, and zinc salts of the 

phosphate esters; the nonyl group is a 

propylene trimer isomer and the 

poly(oxyethylene) content averages 4-14 

moles. 

u. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) sulfate, and 

its ammonium, calcium, magnesium, 

potassium, sodium, and zinc salts; the 

nonyl group is a propylene trimer 

isomer and the poly(oxyethylene) 

content averages 4 moles. 

v. a-(p-Nonylphenyl)-whydroxypoly(oxyethylene) sulfate, and 

its ammonium, calcium, magnesium, 

monoethanolamine, potassium, sodium, 

and zinc salts; the nonyl group is a 

propylene trimer isomer and the 

poly(oxyethylene) content averages 4-14 

or 30-90 moles of ethyiene oxide. 

w. Polyglyceryl phthalate esters of 

coconut oil fatty acids. 

* * * * * 

cc. Sodium 

diisobutylnaphthalenesulfonate. 

* * * * * 

ee. Sodium 

isopropylnaphthalenesulfonate. 

ff. Sodium monoalkyl and diakyl (C8- 

C13) phenoxybenzenedisulfonate 

mixtures containing not less than 70% 

of the monoalkylated product. 

gg. Sodium mono- and 

dimethylnaphthalenesulfonate, 

molecular weight (in amu) 245-260. 

hh. Sodium mono-, di-, and 

tributylnaphthalenesulfonates. 

ii. Sodium N-oleoyl-N-methyl taurine. 

jj. a-[p-(1,1,3,3- 

Tetramethylbutyl)phenyl]-whydroxypoly(oxyethylene) produced by 

the condensation of 1 mole of p (1,1,3,3- 

tetramethylbutyl)phenol with a range of 

1-14 or 30-70 moles of ethylene oxide: 

if a blend of products is used, the 

average range number of moles of 

ethylene oxide reacted to produce any 

product that is a component of the 

blend shall be in the range of 1-14 or 30- 

70. 

* * * * * 

Paragraph (a) to Section 180.940 

* * * * * 

i. a-Alkyl(C10-C14)-w- hydroxypoly 

(oxyethylene) poly(oxypropylene) 

average molecular weight (in amu), 768 

to 837. 

ii. a-Alkyl(C12-C18)-w hydroxypoly 

(oxyethylene) poly(oxypropylene) 

average molecular weight (in amu), 950 

to 1120. 

* * * * * 

Paragraph (c) to Section 180.940 

* * * * * 

i. a-Alkyl(C10-C14)-w-hydroxypoly 

(oxyethylene) poly (oxypropylene) 

average molecular weight (in amu), 768 

to 837. 

ii. a-Alkyl(C11-C15)-w-hydroxypoly 

(oxyethylene) with ethylene oxide 

content 9 to 13 moles. 

* * * * * 

iv. a-Alkyl(C12-C18)-w-hydroxypoly 

(oxyethylene) poly(oxypropylene) 

average molecular weight (in amu), 950 

to 1120. 

* * * * * 

vii. Naphthalene sulfonic acid sodium 

salt, and its methyl, dimethyl and 

trimethyl derivatives. 

viii. Naphthalene sulfonic acid 

sodium salt, and its methyl, dimethyl 

and trimethyl derivatives alkylated at 

3% by weight with C6-C9 linear olefins. 

* * * * * 

IV. Statutory and Executive Order 

Reviews 

This rule changes the effective date of 

the revocation of certain tolerance 

exemptions under section 408(d) of 

FFDCA. The Office of Management and 

Budget (OMB) has exempted tolerance 

exemption actions from review under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). Because this 

rule has been exempted from review 

under Executive Order 12866 due to its 

lack of significance, this rule is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This rule does not contain 

any information collections subject to 

OMB approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., or impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104-4). Nor does it require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994); or OMB review or 

any Agency action under Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997). This action does not 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104- 

113, section 12(d) (15 U.S.C. 272 note). 

Pursuant to the Regulatory Flexibility 

Act (RFA) (5 U.S.C. 601 et seq), the 

Agency hereby certifies that this action 

will not have a significant negative 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification is included in 

Unit II.B.8. 

In addition, the Agency has 

determined that this action will not 

have a substantial direct effect on States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 


pwalker on PROD1PC71 with RULES2
45316 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

levels of government.’’ This rule directly 

regulates growers, food processors, food 

handlers, and food retailers, not States. 

This action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. For these 

same reasons, the Agency has 

determined that this rule does not have 

any ‘‘tribal implications’’ as described 

in Executive Order 13175, entitled 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175 requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 23, 2008. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

§ 180.910 [Amended] 

■ 2. In the final rule published August 

9, 2006 (71 FR 45421), the effective date 

is delayed from August 9, 2008, to 

August 9, 2009, for the following 

amendments to § 180.910: 2.a., c., i. 

through k., m. through o., s., t., w. 

through aa., and cc. 

§ 180.920 [Amended] 

■ 3. In the final rule published August 

9, 2006 (71 FR 45421), the effective date 

is delayed from August 9, 2008, to 

August 9, 2009, for the following 

amendments to § 180.920: 3.a., b., e. 

through k., m. through p., s., y., z., bb., 

cc., ff., gg., ii., ll. through nn., and ss. 

§ 180.930 [Amended] 

■ 4. In the final rule published August 

9, 2006 (71 FR 45421), the effective date 

is delayed from August 9, 2008, to 

August 9, 2009, for the following 

amendments to § 180.930: 4.b., c., d., f., 

l., n., o., s. through w., cc., and ee. 

through jj. 

§ 180.940 [Amended] 

■ 5. In the final rule published August 

9, 2006 (71 FR 45421), the effective date 

is delayed from August 9, 2008, to 

August 9, 2009, for the following 

amendments in paragraph (a) to 

§ 180.940: 5.a.i. and ii. 

■ 6. In the final rule published August 

9, 2006 (71 FR 45421), the effective date 

is delayed from August 9, 2008, to 

August 9, 2009, for the following 

amendments in paragraph (c) to 

§ 180.940: 5.c.i., ii., iv., vii. and viii. 

[FR Doc. E8–17458 Filed 8–1–08; 8:45 am] 

BILLING CODE 6560–50–S 


pwalker on PROD1PC71 with RULES2