[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7365]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Baltimore 94-002]

 

Safety Zone Regulation: Potomac River Swim, Potomac River, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard Marine Safety Office Baltimore is considering 
a proposal to establish a safety zone for the purpose of the ``Potomac 
River Swim'' event to be held in the Potomac River, Maryland. The event 
will consist of participants and support vessels crossing the Potomac 
River from the Hull Neck area of Virginia to Point Lookout, Maryland. 
This safety zone is necessary to control small craft and commercial 
vessel traffic and to provide for the safety of life and property on 
U.S. navigable waters during this event. Entry into this zone is 
prohibited unless authorized by the Captain of the Port.

DATES: Comments must be received on or before April 29, 1994.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Marine Safety 
Office Baltimore, Customs House, 40 South Gay Street, Baltimore, 
Maryland 21202-4022. The comments and other materials referenced in 
this notice will be available for inspection and copying to the above 
address in room 343. Normal office hours are between 7:30 a.m. and 4 
p.m., Monday through Friday, except holidays. Comments may also be 
hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:
Chief Warrant Officer Timothy P. Ryan, 401-962-2651.

SUPPLEMENTARY INFORMATION: Request for comments: In order to provide an 
opportunity for notice and comment and still issue a final rule in time 
for the event, the comment period for this rule is 30 days instead of 
the normal 60 days. Interested persons are invited to participate in 
this rulemaking by submitting written views, data and arguments. 
Persons submitting comments should include their names and addresses, 
identify this notice (COTP Baltimore 94-002) and the specific section 
of the proposal to which their comments apply, as well as give reasons 
for each comment. All comments received before the expiration of the 
comment period will be considered before final action is taken on this 
proposal. The proposed regulation may be changed in light of comments 
received. No public hearing is planned, but one may be held if written 
requests for a hearing are received and it is determined that the 
opportunity to make oral presentations will aid the rulemaking process.

Drafting Information

    The drafters of this regulation are Chief Warrant Officer Timothy 
P. Ryan, project officer for the Captain of the Port, Baltimore, 
Maryland and Lieutenant Monica Lombardi, project attorney Fifth Coast 
Guard District Legal Staff.

Background and Purpose

    On October 4, 1993, an application was received by U.S. Coast Guard 
Group Baltimore from Potomac River Swim, Inc., requesting a safety zone 
for the ``Potomac River Swim'' event held in the Potomac River, 
Maryland, on May 21, 1994. In the event of bad weather, the alternate 
event date will be May 22, 1994 and will encompass the same time frame. 
As part of their application, Potomac River Swim Inc. requested the 
Coast Guard provide control of spectator and commercial traffic during 
the swimming event.

Discussion of Proposed Regulation

    The ``Potomac River Swim'' event consists of a maximum of twelve 
swimmers departing from the Hull Neck area of Virginia, located on the 
southern shore of Potomac River, and crossing the river north, to Point 
Lookout, Maryland. This safety zone will consist of all waters 100 
yards on either side of a line drawn from the Hull Neck area of 
Virginia, located at latitude 37 deg.57' North, longitude 076 deg.21' 
West, thence across to Point Lookout, Maryland, located at latitude 
38 deg.'02.3' North, longitude 76 deg.19.3 minutes West. This 
regulation is necessary to ensure the safety of participants, spectator 
craft and to provide for the safety of life and property on U.S. 
navigable waters during the event. Since the main channel will not be 
closed for an extended period, commercial traffic should not be 
severely disrupted.
    This regulation is issued under 33 U.S.C. 1231 as set out in the 
authority citation for all of part 165.

Economic Assessment and Certification

    This proposed regulation is not a significant regulatory action 
under Executive Order 12806 and is not significant under Department of 
Transportation regulatory policies and procedures (44 FR 11034; 
February 26, 1979). The economic impact of this proposal is expected to 
be minimal, therefore a full regulatory evaluation is unnecessary.
    The Coast Guard also considered the impact of this regulation on 
small entities and concluded that such impact is expected to be 
minimal. Therefore the Coast Guard certifies under 5 U.S.C. 605(b), 
that this regulation will not have a significant economic impact on a 
substantial number of small entities.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

    In consideration of the foregoing, the Coast Guard proposes to 
amend subpart F of part 165, title 33, Code of Federal Regulations as 
follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231: 50 U.S.C. 191; 33 CFR 1.05-(g), 6.04-
1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary Sec. 165.T51-003 is added to read as follows:


Sec. 165.T51-003  Safety Zone: Potomac River Swim, Potomac River, 
Maryland.

    (a) Location. The following safety zone consists of all waters 100 
yards either side of a line connecting these points:

 37 deg. 57.0' N, 076 deg. 21.0' W, thence to 38 deg. 02.3' N, 
076 deg. 19.3' W.

    (b) Definitions. The designated representative of the Captain of 
the Port is any Coast Guard commissioned, warrant or petty officer who 
has been authorized by the Captain of the Port, Baltimore, Maryland to 
act on his behalf. The following officers have or will be designated by 
the Captain of the Port: the Coast Guard Patrol Commander, the senior 
boarding officer on each vessel enforcing the safety zone, and the Duty 
Officer at the Marine Safety Office Baltimore, Maryland.
    (c) General information. The Captain of the Port and the Duty 
Officer at the Marine Safety Office, Baltimore, Maryland can be 
contacted at telephone number (410) 962-5105. The Coast Guard Patrol 
Commander and the senior boarding officer on each vessel enforcing the 
safety zone can be contacted on VHF-FM channels 16 and 13.
    (d) Local regulation. Except for persons or vessels authorized by 
the Coast Guard Patrol Commander, no person or vessel may enter or 
remain in the regulated area.
    (1) The operator of any vessel in the immediate vicinity of this 
safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant, or petty officer on board a vessel displaying a 
Coast Guard Ensign.
    (ii) Proceed as directed by any commissioned, warrant, or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (e) Effective dates. This regulation is effective from 8:45 a.m. 
May 21, 1994, to 3 p.m. May 21, 1994, with an alternate date of May 22, 
1994 encompassing the same area description and time frame, unless 
sooner terminated by the Captain of the Port, Baltimore, Maryland.

    Dated: January 6, 1994.
C.S. Cope,
Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.
[FR Doc. 94-7534 Filed 3-29-94; 8:45 am]
BILLING CODE 4910-14-M
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300330; FRL-4765-1]
RIN 2070-AC18

Methyl Vinyl Ether-Maleic Acid Copolymer and Methyl Vinyl Ether-
Maleic Acid Copolymer Calcium Sodium Salt; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that an exemption from the requirement 
of a tolerance be established for residues of methyl vinyl ether-maleic 
acid copolymer (CAS Reg. No. 25153-40-6) and methyl vinyl ether-maleic 
acid copolymer calcium sodium salt (CAS Reg. No. 62386-95-2) when used 
as inert ingredients (dispersant and seed-coating adhesive, 
respectively) in pesticide formulations applied to growing crops, raw 
agricultural commodities after harvest, or animals. This proposed 
regulation was requested by International Specialty Products.
DATES: Comments, identified by the document control number [OPP-
300330], must be received on or before April 29, 1994.

ADDRESSES: By mail, submit written comments to: Public Response and 
Program Resources Branch, Field Operation 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 Bldg. #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part of all 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 docked is available for public inspection in Rm. 
1132 at the address given above, from 8 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina E. Levine, Registration 
Support Branch, Registration Division (7505W), Office of Pesticide 
Programs, 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)-308-8393.

SUPPLEMENTARY INFORMATION: International Specialty Products, 1361 Alps 
Rd., Wayne, NJ 07470, submitted pesticide petitions (PPs) 3E4260 and 
3E4261 to EPA requesting that the Administrator, pursuant to section 
408(e) of the Federal Food, Drug, and Cosmetic Act (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 residues of methyl 
vinyl ether-maleic acid copolymer (CAS Reg. No. 25153-40-6) (PP 3E4260) 
and methyl vinyl ether-maleic acid copolymer calcium sodium salt (CAS 
Reg. No. 62386-95-2) (PP 3E4261) when used as inert ingredients 
(dispersant and seed-coating adhesive, respectively) in pesticide 
formulations applied to growing crops, to raw agricultural commodities 
after harvest, or to animals.
    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; propellents 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 petitions 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 the 
data normally required to support the proposed tolerance exemption for 
methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-maleic 
acid copolymer calcium sodium salt will not 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. Methyl vinyl ether-maleic acid copolymer 
and methyl vinyl ether-maleic acid copolymer calcium sodium salt 
conform to the definition of polymers given in 40 CFR 723.250(b)(11) 
and meet the following criteria that are used to identify low-risk 
polymers:
    1. The minimum number-average molecular weight of methyl vinyl 
ether-maleic acid copolymer is greater than 75,000. The minimum number-
average molecular weight of methyl vinyl ether-maleic acid copolymer 
calcium sodium salt is greater than 900,000. 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.
    2. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt are not cationic polymers, 
nor are they reasonably anticipated to become cationic polymers in a 
natural aquatic environment.
    3. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt do not contain less than 32.0 
percent by weight of the atomic element carbon.
    4. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt contain as integral parts of 
their composition the atomic elements carbon, hydrogen, nitrogen, and 
oxygen.
    5. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt do not contain as integral 
parts of their composition, except as impurities, any elements other 
than those listed in 40 CFR 723.250(d)(3)(ii).
    6. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt are not biopolymers, 
synthetic equivalents of biopolymers, or derivatives or modifications 
of biopolymers that are substantially intact.
    7. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt are not manufactured from 
reactants containing, other than impurities, halogen atoms or cyano 
groups.
    8. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt do not contain reactive 
functional groups that are intended or reasonably anticipated to 
undergo further reaction.
    9. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-
maleic acid copolymer calcium sodium salt are not designed, nor are 
they reasonably anticipated, to substantially degrade, decompose, or 
depolymerize.
    Based on the information above and review of its use, EPA has found 
that, when used in accordance with good agricultural practice, these 
ingredients are useful and a tolerance is not necessary to protect the 
public health. Therefore, EPA proposes that the exemptions 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, 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 document control number [OPP-300330]. All 
written comments filed in response to this petition will be available 
in the Public Response and Program Resources Branch, at the address 
given above, from 8 a.m. to 4 p.m., Monday through Friday, except legal 
holidays.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 2 of Executive Order 12866.
    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 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 Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Recording and 
recordkeeping requirements.

    Dated: March 18, 1994.

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. Section 180.1001(c) and (e) tables are amended by adding and 
alphabetically inserting the inert ingredient, to read as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

* * * * *
    (c) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Methyl vinyl ether-maleic  ..................  Dispersant.              
 acid copolymer (CAS Reg.                                               
 No. 25153-40-6), minimum                                               
 number average molecular                                               
 weight 75,000..                                                        
                                                                        
                             * * * * * * *                              
------------------------------------------------------------------------

    (e) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Methyl vinyl ether-maleic  ..................  Seed-coating adhesive.   
 acid copolymer calcium                                                 
 sodium salt (CAS Reg.                                                  
 No. 62386-95-2), minimum                                               
 number average molecular                                               
 weight 900,000..                                                       
                                                                        
                             * * * * * * *                              
------------------------------------------------------------------------


[FR Doc. 94-7371 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300329; FRL-4764-9]

RIN 2070-AC18

12-Hydroxystearic Acid-Polyethylene Glycol Copolymer and Methyl 
Methacrylate-Methacrylic Acid-Monomethoxypolyethylene Glycol 
Methacrylate Copolymer; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes that an exemption from the requirement 
of a tolerance be established for residues of 12-hydroxystearic acid-
polyethylene glycol copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer (CAS Reg. No. 
70142-34-6) when used as inert ingredients (surfactants) in pesticide 
formulations applied to growing crops or to raw agricultural 
commodities after harvest. This proposed regulation was requested by 
ICI Americas, Inc.

DATES: Comments, identified by the document control number [OPP-
300329], must be received on or before April 29, 1994.

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. No. 1132, 
Crystal Mall Bldg. #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part of all 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 docked is available for public inspection in Rm. 
1132 at the address given above, from 8 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina E. Levine, Registration 
Support Branch, Registration Division (7505W), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: 2800 Crystal Drive, 
North Tower, 6th Fl., Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: ICI Americas, Inc., Safety Health 
Environmental Affairs Group, Wilmington, DE 19897, submitted pesticide 
petitions (PPs) 3E4199 and 3E4202 to EPA requesting that the 
Administrator, pursuant to section 408(e) of the Federal Food, Drug, 
and Cosmetic Act, 21 U.S.C. 346(e), propose to amend 40 CFR 180.1001(c) 
by establishing an exemption from the requirement of a tolerance for 
residues of 12-hydroxystearic acid-polyethylene glycol copolymer (PP 
3E4199) and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer (PP 3E4202) when 
used as inert ingredients (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 cellulous; wetting, spreading, and dispersing 
agents; propellents 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. Where it can be determined that the inert 
ingredient will present minimal or no risk, the Agency does not need 
some or all of the listed studies to rule on the proposed tolerance or 
exemption for an inert ingredient.
    The Agency has decided that the data normally required to support 
the proposed tolerance exemption for 12-hydroxystearic acid-
polyethylene glycol copolymer and methyl methacrylate-methacrylic acid 
monomethoxypolyethylene glycol methacrylate copolymer will not 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. The polymers 12-hydroxystearic acid-
polyethylene glycol copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer conform to the 
definition of polymers given in 40 CFR 723.250(b)(11) and meet the 
following criteria that are used to identify low-risk polymers:
    1. The minimum number-average molecular weight of 12-hydroxystearic 
acid-polyethylene glycol copolymer is greater than 5,000 and of methyl 
methacrylate-methacrylic acid-monomethoxypolyethylene glycol 
methacrylate copolymer is greater than 18,000. 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 skin or GI tract generally 
are incapable of eliciting a toxic response.
    2. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer are not cationic 
polymers, nor are they reasonably anticipated to become cationic 
polymers in a natural aquatic environment.
    3. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer do not contain 
less than 32.0 percent by weight of the atomic element carbon.
    4. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer contain as 
integral parts of their composition the atomic elements carbon, 
hydrogen, nitrogen, and oxygen.
    5. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer do not contain as 
integral parts of their composition, except as impurities, any elements 
other than those listed in 40 CFR 723.250 (d)(3)(ii).
    6. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer are not 
biopolymers, synthetic equivalents of biopolymers, or derivatives or 
modifications of biopolymers that are substantially intact.
    7. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer are not 
manufactured from reactants containing, other than impurities, halogen 
atoms or cyano groups.
    8. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer do not contain 
reactive functional groups that are intended or reasonably anticipated 
to undergo further reaction.
    9. The polymers 12-hydroxystearic acid-polyethylene glycol 
copolymer and methyl methacrylate-methacrylic acid-
monomethoxypolyethylene glycol methacrylate copolymer are not designed, 
nor are they reasonably anticipated, to substantially degrade, 
decompose, or depolymerize.
    Based on the information above and review of its use, EPA has found 
that, when used in accordance with good agricultural practice, these 
ingredients are useful and tolerances are 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, 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 Federal Food, Drug, and Cosmetic Act.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number [OPP-300329]. All written comments filed in 
response to this petition will be available inthe Public Response and 
Program Resources Branch, at the address given above, from 8 a.m. to 4 
p.m., Monday through Friday, except legal holidays.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 2 of Executive Order 12866.
    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 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 Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Recording and 
recordkeeping requirements.

    Dated: March 18, 1994.

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. Section 180.1001(c) is amended in the table therein by adding 
and alphabetically inserting the inert ingredients, to read as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

* * * * *
    (c) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
12-Hydroxystearic acid-    ..................  Surfactant.              
 polyethylene glycol                                                    
 copolymer, minimum                                                     
 number-average molecular                                               
 weight 5,000.                                                          
                                                                        
                              * * * * * * *                             
 Methyl methacrylate-      ..................  Surfactant.              
 methacrylic acid-                                                      
 monomethoxypolyethylene                                                
 glycol methacrylate                                                    
 copolymer (CAS Reg. No.                                                
 70142-34-6), minimum                                                   
 number average molecular                                               
 weight 18,000.                                                         
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *

[FR Doc. 94-7364 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[PP 3F4232/P580; FRL 4763-7]

RIN 2070-AC18

Pesticide Tolerances for Acetochlor

Agency: Environmental Protection Agency.

Action: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes the establishment of tolerances for the 
combined residues of the herbicide acetochlor (2-chloro-2`-methyl-6-
ethyl-N-ethoxymethyl acetanilide) and its metabolites containing the 
ethyl methyl aniline (EMA) moiety and the hydroxyethyl methyl aniline 
(HEMA) moiety, to be analyzed as acetochlor, and expressed as 
acetochlor equivalents, in or on the raw agricultural commodities 
(RACs) wheat grain at 0.02 part per million (ppm) and sorghum grain at 
0.02 ppm. This proposed rule was requested by the Acetochlor 
Registration Partnership and would establish the maximum level for 
residues of the herbicide in or on the raw agricultural commodities.

DATES: Comments, identified by the document control number (PP 3F4232/
P580), must be recieved on or before April 29, 1994.

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). 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 
pubicly 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 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail, Robert J. Taylor, Product 
Manager (PM) 25, Registration Division (H7505C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: Rm. 241, CM #2, 1921 
Jefferson Davis Hwy., Arlington VA 22202, (703)-305-6800.

SUPPLEMENTARY INFORMATION: In the Federal Register of October 21, 1993 
(58 FR 54354), the Agency issued a filing notice for pesticide petition 
(PP) 3F4232. That notice and subsequent amendments are discussed in the 
final rule adding 40 CFR 180.470 (bracketed heading PP 3F2966, 1F4011, 
and 3F4232/R2046) published in the Federal Register of March 23, 1994. 
In brief, PP 4F3242 was a revised request by the Acetochlor 
Registration Partnership to establish tolerances under section 408 of 
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, for the 
herbicide acetochlor (2-chloro-2`-methyl-6-ethyl-N-
ethoxymethylacetanilide, hereinafter referred to as acetochlor) on 
various raw agricultural commodities. Many of the requested tolerances 
had been the subject of earlier petitions, and notice of filing 
requests to establish those tolerances was published in the Federal 
Register (see cites noted in the final rule document adding 40 CFR 
180.170 appearing in the Federal Register of March 23, 1994). PP 
3F4232, however, contained requests for tolerances for acetochlor on 
two commodities, wheat grain and sorghum grain, which had not been the 
subject of previous petitions and thus notice in the Federal Register 
of these tolerance requests had also not been provided. This proposal 
provides notice of those requests.
    The data submitted in support of these tolerances and other 
relevant material have been evaluated. The toxicological data and other 
information considered in support of PP 3F4232 is discussed in the 
final rule referring to PP 3F2966, 1F4011, 3F4232/R2046 appearing in 
the Federal Register of March 23, 1994.
    Based on the above information considered by the Agency, the 
requested tolerances would protect the public health. Therefore, it is 
proposed that the tolerances be established as set forth below.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the the Fedral Insecticde, 
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.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number [PP 3F4232/P580]. All written comments filed in 
response to this petition will be available in the Public Response and 
Program Resources Branch, at the address given above from 8 a.m. to 4 
p.m., Monday through Friday, except legal holidays.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 3 of Executive Order 12866. Pursuant to the 
requirements of the Regulatory Flexibility Act (Pub. L. 96-354, 94 
Stat. 1164, 5 U.S.C. 601-612), the Adminstrator has determined that 
regulations establishing new tolerances or food additive regulations or 
establishing exemptions from tolerance requirements do not have a 
significant economic impact on a substantial number of small entities. 
A certificiation statement of 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, Pesticidies and pests, Reporting and 
recordkeeping requirements.

    Dated: March 11, 1994.

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

    Therefore, it is proposed that 40 CFR part 180 to 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. 180.470, by amending the table therein by adding and 
alphabetically inserting the raw agricultural commodities wheat grain 
and sorghum grain to read as follows.


Sec. 180.470  Acetochlor; tolerances for residues.

* * * * *

------------------------------------------------------------------------
                                                              Parts per 
                         Commodity                             million  
------------------------------------------------------------------------
                                                                        
                                  *****                                 
Sorghum grain..............................................         0.02
                                                                        
                                  *****                                 
Wheat grain................................................        0.02 
------------------------------------------------------------------------


[FR Doc. 94-7094 Filed 3-29-94; 8:45 am]
BILLING CODE 6560-50-F
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300331; FRL-4766-2]
RIN NO. 2070-AC18

Vinyl Alcohol-Vinyl Acetate-Monomethyl Maleate, Sodium Salt-Maleic 
Acid, Disodium Salt--Butyrolactone Acetic Acid, Sodium 
Salt Copolymer; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes that an exemption from the requirement 
of a tolerance be established for vinyl alcohol-vinyl acetate-
monomethyl maleate, sodium salt-maleic acid, disodium salt-- 
butyrolactone acetic acid, sodium salt copolymer when used as an inert 
ingredient (carrier) in pesticide formulations applied to growing crops 
only. This proposed regulation was requested by Mitsui Plastics, Inc.

DATES: Comments, identified by the document control number [OPP-
300331], must be received on or before April 29, 1994.

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 to: Rm. 1132, Crystal Mall 
Bldg. #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. The public docket is available for public inspection in Rm. 
1132 at the address given above, from 8 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina Levine, Registration 
Support Branch, Registration Division (7505W), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460. Office location and telephone number: 2800 Crystal Drive, 
North Tower, 6th Fl., Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: Mitsui Plastics, Inc., 11 Martine Ave., 
White Plains, NY 10606, submitted pesticide petition (PP) 3E4253 to EPA 
requesting that the Administrator, pursuant to section 408(e) of the 
Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C. 346a(e)), 
propose to amend 40 CFR 180.1001(d) by establishing an exemption from 
the requirement of a tolerance for residues of vinyl alcohol-vinyl 
acetate-monomethyl maleate, sodium salt-maleic acid, disodium salt-
-butyrolactone acetic acid, sodium salt copolymer when used as 
an inert ingredient (carrier) in pesticide formulations applied to 
growing crops only.
    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; propellents 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 any data, in 
addition to that described below, for vinyl alcohol-vinyl acetate-
monomethyl maleate, sodium salt-maleic acid, disodium salt-- 
butyrolactone acetic acid, sodium salt copolymer will not 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 alcohol-vinyl acetate-monomethyl 
maleate, sodium salt-maleic acid, disodium salt--butyrolactone 
acetic acid, sodium salt copolymer conforms to the definition of a 
polymer given in 40 CFR 723.250(b)(11) and meets the following criteria 
that are used to identify low risk polymers:
    1. The minimum number-average molecular weight of the vinyl 
alcohol-vinyl acetate-monomethyl maleate, sodium salt-maleicacid, 
disodium salt-- butyrolactone acetic acid, sodium salt 
copolymer is greater than 20,000. 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.
    2. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer is not a cationic polymer nor is it reasonably 
anticipated to become a cationic polymer in a natural aquatic 
environment.
    3. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer does not contain less than 32.0 percent by weight of the 
atomic element carbon.
    4. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer contains as an integral part of its composition the 
atomic elements carbon, hydrogen, nitrogen, and oxygen.
    5. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt 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)(3)(ii).
    6. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer is not a biopolymer, a synthetic equivalent of a 
biopolymer, or a derivative or a modification of a biopolymer that is 
substantially intact.
    7. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer is not manufactured from reactants containing, other 
than impurities, halogen atoms or cyano groups.
    8. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer does not contain a reactive functional group that is 
intended, or reasonably expected, to undergo further reaction.
    9. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-
maleic acid, disodium salt--butyrolactone acetic acid, sodium 
salt copolymer is not designed, nor is it reasonably anticipated, to 
substantially degrade, decompose, or depolymerize.
    Based on the information above 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, 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 document control number [OPP-300331]. All 
written comments filed in response to this petition will be available 
in the Public Response and Program Resources Branch, at the address 
given above, from 8 a.m. to 4 p.m. Monday through Friday, except legal 
holidays.
    The Office of Management and Budget has exempted this rule from the 
requirements of section 2 of Executive Order 12866. 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 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 Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Recording and 
recordkeeping requirements.

    Dated: March 18, 1994.

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. Section 180.1001(d) is amended in the table therein by adding 
and alphabetically inserting the inert ingredient, to read as follows:


Sec. 180.1001   Exemptions from the requirements of a tolerance.

* * * * *
    (d) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Vinyl alcohol-vinyl        ..................  Carrier.                 
 acetate-monomethyl                                                     
 maleate, sodium salt-                                                  
 maleic acid, disodium                                                  
 salt--                                                        
 butyrolactone acetic                                                   
 acid, sodium salt                                                      
 copolymer, minimum                                                     
 number-average molecular                                               
 weight 20,000.                                                         
                                                                        
                             * * * * * * *                              
------------------------------------------------------------------------

* * * * *

[FR Doc. 94-7365 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F