[Federal Register Volume 59, Number 217 (Thursday, November 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27843]


[[Page Unknown]]

[Federal Register: November 10, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300365; FRL-4917-9]
RIN 2070-AC18

 

FD & C Yellow No. 6 Aluminum Lake, 2-(2'-Hydroxy-5'-
Methylphenyl)Benzotriazole and Octadecyl 3,5-Di-Tert-Butyl-4-
Hydroxyhydrocinnamate; Tolerance Exemptions

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 FD & C Yellow No. 6 
Aluminum Lake (CAS Reg. No. 15790-07-5), 2-(2'-hydroxy-5'-
methylphenyl)benzotriazole (CAS Reg. No. 2440-22-4), and octadecyl 3,5-
di-tert-butyl-4-hydroxyhydrocinnamate (CAS Reg. No. 2082-79-3) when 
used as inert ingredients (components of ear tags and similar slow-
release devices) in pesticide formulations applied to animals. Y-Tex 
Corp. requested this proposed regulation.

DATES: Comments, identified by the document control number [OPP-
300365], must be received on or before December 12, 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 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: Kerry B. Leifer, 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, 
Arlington, VA 22202, (703)-308-8323.

SUPPLEMENTARY INFORMATION: Y-Tex Corp., P.O. Box 1450, 1825 Big Horn 
Ave., Cody, WY 82414, 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 residues of acrylonitrile-butadiene copolymer (CAS Reg. 
No. 900318-3), FD & C Yellow No. 6 Aluminum Lake (CAS Reg. No. 15790-
07-5), 2-(2'-hydroxy-5'-methylphenyl)-benzotriazole (CAS Reg. No. 
244022-4), and octadecyl 3,5-di-tert-butyl-4-hydroxyhydrocinnamate when 
used as inert ingredients (components of ear tags and similar slow-
release devices) in pesticide formulations applied to animals. In the 
Federal Register of February 3, 1989 (54 FR 5502), EPA proposed such 
exemptions. One comment was received in response to the proposal. The 
commenter claimed that among the bases for approval of the 
acrylonitrile-butadiene copolymer was an erroneous interpretation of 
the results of a risk assessment conducted on acrylonitrile-butadiene 
copolymer by the U. S. Food and Drug Administration (FDA). The Agency 
agreed with the commenter and, based upon additional information, 
reproposed the exemption for acrylonitrile-butadiene copolymer in the 
Federal Register of July 27, 1994 (59 FR 38151).
    No comments were received in response to the February 3, 1989 
proposal on the tolerance exemptions for residues of the other three 
substances, FD & C Yellow No. 6 Aluminum Lake, 2-(2'-hydroxy-5'-
methylphenyl)-benzotriazole, and octadecyl 3,5-di-tert-butyl-4-
hydroxyhydrocinnamate. However, because of the length of time that has 
elapsed since the original proposal, EPA is reproposing the exemption 
for FD & C Yellow No. 6 Aluminum Lake, 2-(2'-hydroxy-5'-methylphenyl)-
benzotriazole, and octadecyl 3,5-di-tert-butyl-4-hydroxyhydrocinnamate 
.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
document control number, [OPP-300365]. 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: October 26, 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(e) 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.

*        *        *        *        *
    (e) *  *  *

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                              * * * * * * *                             
FD & C Yellow No. 6        Not more than 2%    Pigment in animal tag and
 Aluminum Lake (CAS Reg.    by weight of        similar slow-release    
 No. 15790-07-5).           pesticide           devices.                
                            formulation.                                
                                                                        
                              * * * * * * *                             
2-(2'-Hydroxy-5'-          Not more than 0.5%  Ultraviolet light        
 methylphenyl)-             by weight of        absorber/stabilzer in   
 benzotriazole (CAS Reg.    pesticide           animal tag and similar  
 No. 2440-22-4)..           formulation.        slow-release devices.   
                                                                        
                              * * * * * * *                             
Octadecyl 3,5-di-tert-     Not more than 0.5%  Thermal stabilizer/      
 butyl-4-                   by weight of        antioxidant in animal   
 hydroxyhydrocinnamate      pesticide           tag and similar slow-   
 (CAS Reg. No. 2082-79-3).  formulation.        release devices.        
                                                                        
                              * * * * * * *                             
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[FR Doc. 94-27843 Filed 11-9-94; 8:45 am]
BILLING CODE 6560-50-F