[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Rules and Regulations]
[Pages 950-951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-278]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300307A; FRL-4747-3]
RIN 2070-AB78

 

Acetyl Tributyl Citrate; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document exempts from the requirement of a tolerance 
acetyl tributyl citrate (CAS Reg. No. 77-90-7) when used as an inert 
ingredient (plasticizer) in pesticide formulations applied to animals. 
This regulation was requested by Alpha Chemical and Plastics Corp.

EFFECTIVE DATE: This regulation becomes effective January 7, 1994.

ADDRESSES: Written objections, identified by the document control 
number, [OPP-300307A], may be submitted to: Hearing Clerk (A-110), 
Environmental Protection Agency, Rm. M3708, 401 M St., SW., Washington, 
DC 20460. A copy of any objections and hearing requests filed with the 
Hearing Clerk should be identified by the document control number and 
submitted 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 copy of objections and hearing request to: Rm. 1132, 
CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees 
accompanying objections shall be labeled ``Tolerance Petition Fees'' 
and forwarded to: EPA Headquarters Accounting Operations Branch, OPP 
(Tolerance Fees), P.O. Box 360277M, Pittsburgh, PA 15251.

FOR FURTHER INFORMATION CONTACT: By mail: Connie Welch, Registration 
Support Branch, Registration Division (7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: 2800 Crystal Drive, 
North Tower, Arlington, VA 22202, (703)-308-8320.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 10, 1993 
(58 FR 59700), EPA reissued a proposed rule that gave notice that Alpha 
Chemical and Plastics Corp., 1 Jabez St., Newark NJ 07105, had 
submitted a pesticide petition to EPA requesting that the 
Administrator, pursuant to section 408(e) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 346a(e)), propose to amend 40 CFR 
180.1001(e) by establishing an exemption from the requirement of a 
tolerance for acetyl tributyl citrate when used as a component of 
plastic animal tags in pesticide formulations applied to animals. In 
the Federal Register of August 3, 1988 (53 FR 29244), EPA originally 
proposed such an exemption, but because of the time elapsed since the 
oiginal proposal, the proposal was reissued. The basis for the proposed 
exemption was contained in the original proposal issuance (53 FR 
29244). No comments were received in response to either proposal 
issuance.
    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 and discussed in the proposed rule. Based on the data 
and information considered, the Agency concludes that the exemption 
from the requirement of a tolerance will protect the public health. 
Therefore, the tolerance exemption is established as set forth below.
    Any person adversely affected by this regulation may, within 30 
days after publication of this document in the Federal Register, file 
written objections and/or request a hearing with the Hearing Clerk, at 
the address given above (40 CFR 178.20). A copy of the objections and/
or hearing requests filed with the Hearing Clerk should be submitted to 
the OPP docket for this rulemaking. The objections submitted must 
specify the provisions of the regulation deemed objectionable and the 
grounds for the objections (40 CFR 178.25). Each objection must be 
accompanied by the fee prescribed by 40 CFR 180.33(i). If a hearing is 
requested, the objections must include a statement of the factual 
issue(s) on which a hearing is requested, the requestor's contentions 
on such issues, and a summary of any evidence relied upon by the 
objector (40 CFR 178.27). A request for a hearing will be granted if 
the Administrator determines that the material submitted shows the 
following: There is a genuine and substantial issue of fact; there is a 
reasonable possibility that available evidence identified by the 
requestor would, if established, resolve one or more of such issues in 
favor of the requestor, taking into account uncontested claims or facts 
to the contrary; and resolution of the factual issue(s) in the manner 
sought by the requestor would be adequate to justify the action 
requested (40 CFR 178.32).
    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12291.
    Pursuant to the requirements 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 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: December 22, 1993.

Douglas D. Campt,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is 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. Section 180.1001(e) is amended by adding and alphabetically 
inserting the inert ingredient entry, to read as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

* * * * *
    (e) *  *  *

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    Inert ingredients            Limits                   Uses          
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                              * * * * * * *                             
Acetyl tributyl citrate    ..................  Component of plastic     
 (CAS Reg. No. 77-90-7).                        animal tags.            
                                                                        
                              * * * * * * *                             
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[FR Doc. 94-278 Filed 1-6-94; 8:45 am]
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