[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20558]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300330B; FRL-4873-8]
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 modifies the uses and categories of exemptions 
included in the recent regulation establishing an exemption from the 
requirement of a tolerance 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) in order 
to correctly list the exemptions and uses for these polymers. EPA is 
proposing to establish an exemption from the requirement of a tolerance 
for residues of these polymers when used as inert ingredient 
(dispersants, seed-coating adhesives) in pesticide formulations applied 
to growing crops, raw agricultural commodities after harvest or 
animals.

DATES: Comments, identified by the document control number [OPP-
300330B], must be received on or before September 23, 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. 1132, Crystal 
Mall, Building #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 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 the 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: 26800 Crystal Drive, 
North Tower, Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: International Specialty Products (ISP), 1361 
Alps Rd., Wayne, NJ 07470, submitted 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) and methyl 
vinyl ether-maleic acid copolymer calcium sodium salt (CAS Reg. No. 
62386-95-2) when used as inert ingredients (dispersants, seed-coating 
adhesives) in pesticide formulations applied to growing crops, raw 
agricultural commodities after harvest, or animals. For simplicity, the 
exemption from tolerance under 40 CFR 180.1001(c) was requested for the 
seed-coating adhesive use, which is only applicable to growing crops, 
as well as the dispersant use, which could include post-harvest uses. 
The exemption from tolerance under 40 CFR 180.1001(e) would apply to 
the use of the inerts as dispersants in formulations applied to 
animals.
    EPA initially proposed these exemptions in the Federal Register of 
March 30, 1994 (59 FR 14820); however, the proposal incorrectly listed 
the uses as ``dispersant and seed-coating adhesive, respectively,'' 
implying that one polymer would be used as a dispersant and the other 
as a seed-coating adhesive. In addition, EPA listed methyl vinyl ether-
maleic acid copolymer (CAS Reg. No. 25153-40-6) as exempt under 40 CFR 
180.1001(c) as a dispersant and methyl vinyl ether-maleic acid 
copolymer calcium salt (CAS Reg. No. 62386-95-2) as exempt under 40 CFR 
180.1001(e) as a seed-coating adhesive, a use inconsistent with a 
clearance for use on animals. Despite these errors, no comments were 
received on the proposal and the error continued into the final rule, 
which was published in the Federal Register of May 25, 1994 (59 FR 
26950). EPA is now proposing to exempt both polymers under 40 CFR 
180.1001(c) and (e), as originally requested and as set forth below.
    The basis of these exemptions remains that these chemicals are 
polymers which conform to a set of criteria which identify categories 
of polymers that present low risk. The specific criteria are described 
in the March 30, 1994, proposal.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
ingredients listed herein, may request within 30 days after publication 
of this document in the Federal Register that this rulemaking proposal 
be referred to an Advisory Committee in accordance with section 408(e) 
of the Federal Food, Drug, and Cosmetic Act.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300330B]. 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 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, Recording and 
recordkeeping requirements.

Dated: August 10, 1994.

Lois Rossi,
Acting 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 is amended in paragraph (c) in the table 
therein by revising the entry for methyl vinyl ether-maleic acid 
copolymer and adding immediately thereafter the entry for methyl vinyl 
ether-maleic acid copolymer calcium sodium salt and in paragraph (e) in 
the table therein by adding and alphabetically inserting the entry for 
methyl vinyl ether-maleic acid copolymer and revising the entry for 
methyl vinyl ether-maleic acid copolymer calcium sodium salt, to read 
as follows:


Sec. 180.1001   Exemptions from the requirement of a tolerance.

* * * * *
    (c) *  *  * 

------------------------------------------------------------------------
    Inert ingredients            Limits                   Use           
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Methyl vinyl ether-maleic  ..................  Dispersant, seed-coating 
 acid copolymer (CAS Reg.                       adhesive                
 No. 25153-40-6), minimum                                               
 number-average molecular                                               
 weight 75,000..                                                        
Methyl vinyl ether-maleic  ..................  Dispersant, seed-coating 
 acid copolymer calcium                         adhesive                
 sodium salt (CAS Reg.                                                  
 No. 62386-95-2), minimum                                               
 number-average molecular                                               
 weight 900,000..                                                       
                                                                        
                              * * * * * * *                             
------------------------------------------------------------------------

* * * * *
    (e) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Use           
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
Methyl vinyl ether-maleic  ..................  Dispersant               
 acid copolymer (CAS Reg.                                               
 No. 25153-40-6), minimum                                               
 number-average molecular                                               
 weight 75,000..                                                        
Methyl vinyl ether-maleic  ..................  Dispersant               
 acid copolymer calcium                                                 
 sodium salt (CAS Reg.                                                  
 No. 62386-95-2), minimum                                               
 number-average molecular                                               
 weight 900,000..                                                       
                                                                        
                              * * * * * * *                             
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[FR Doc. 94-20558 Filed 8-23-94; 8:45 am]
BILLING CODE 6560-50-F