[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Rules and Regulations]
[Pages 27415-27417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12567]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300380A; FRL-4952-3]
RIN 2070-AB78


Acetic Acid Ethenyl Ester, Polymer with Ethenol and ()-
2-Propenyl-()-Hydroxypoly(Oxy-1,2-Ethanediyl); Tolerance 
Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This document establishes an exemption from the requirement of 
a tolerance for residues of acetic acid ethenyl ester, polymer with 
ethenol and ()-2-propenyl-()-hydroxypoly(oxy-1,2-
ethanediyl) (CAS Reg. No. 137091-12-4), when used as an inert 
ingredient (component of water-soluble film) in pesticide formulations 
applied to growing crops only under 40 CFR 180.1001(d). Japan Technical 
Information Center, Inc., requested this regulation on behalf of Nippon 
Gohsei (U.S.A.) Co., Ltd., pursuant to the Federal Food, Drug and 
Cosmetic Act (FFDCA).

EFFECTIVE DATE: This regulation becomes effective May 24, 1995.

ADDRESSES: Written objections and hearing requests, identified by the 
document control number, [OPP-300380A], may be submitted to: Hearing 
Clerk (1900), Environmental Protection Agency, Rm. M3708, 401 M St., 
SW., Washington, DC 20460. Fees accompanying objections and hearing 
requests shall be labeled ``Tolerance Petition Fees'' and forwarded to: 
EPA Headquarters Accounting Operations Branch, OPP (Tolerance Fees), 
P.O. Box 360277M, Pittsburgh, PA 15251. 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, [[Page 27416]] Environmental Protection Agency, 401 
M St., SW., Washington, DC 20460. In person, bring copy of objections 
and hearing requests to: Rm. 1132, CM #2, 1921 Jefferson Davis Hwy., 
Arlington, VA 22202.
    Copies of objections and hearing requests filed with the Hearing 
Clerk may also be submitted electronically by sending electronic mail 
(e-mail) to: [email protected]. Copies of electronic 
objections and hearing requests must be submitted as an ASCII file 
avoiding the use of special characters and any form of encryption. 
Copies of objections and hearing requests will also be accepted on 
disks in WordPerfect in 5.1 file format or ASCII file format. All 
copies of objections and hearing requests in electronic form must be 
identified by the docket number [OPP-300380A]. No Confidential Business 
Information (CBI) should be submitted through e-mail. Copies of 
electronic objections and hearing requests on this rule may be filed 
online at many Federal Depository Libraries. Additional information on 
electronic submissions can be found below in this document.

FOR FURTHER INFORMATION CONTACT: By mail: Kerry Leifer, Registration 
Support Branch, Registration Division (7505W), 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)-308-8323; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In the Federal Register of March 22, 1995 
(60 FR 15111), EPA issued a proposed rule that gave notice that the 
Japan Information Center, Inc., 775 South 23rd St., Arlington, VA 
22202, on behalf of Nippon Gohsei (U.S.A.) Co., Ltd., had submitted 
pesticide petition (PP) 4EO4403 to EPA requesting that the 
Administrator, pursuant to section 408(e) of the 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 acetic 
acid ethenyl ester, polymer with ethenol and ()-2-propenyl-
()-hydroxypoly(oxy-1,2-ethanediyl) (CAS Reg. No. 137091-12-
4), when used as an inert ingredient (component of water-soluble film) 
in pesticide formulations applied to growing crops only under 40 CFR 
180.1001(d).
    There were no comments or requests for referral to an advisory 
committee received in response to the proposed rule.
    The data submitted with the proposal 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 
tolerance exemption 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).
    Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule (1) having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities (also referred to as ``economically 
significant''); (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlement, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of the Executive Order, EPA has determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.
    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).
     A record has been established for this rulemaking under docket 
number [OPP-300380A] (including any comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The public record is located in Rm. 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Written objections and hearing requests, identified by the document 
control number, [OPP-300380A], may be submitted to: Hearing Clerk 
(1900), Environmental Protection Agency, Rm. M3708, 401 M St., SW., 
Washington, DC 20460.
    Copies of electronic objections and hearing requests filed with the 
Hearing Clerk can be sent directly to EPA at:
    opp-D[email protected].


    Copies of electronic objections and hearing requests filed with the 
Hearing Clerk must be submitted as an ASCII file avoiding the use of 
special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer any objections received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
[[Page 27417]] paper record maintained at the address in ``ADDRESSES'' 
at the beginning of this document.

List of Subjects in 40 CFR Part 180

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

    Dated: May 4, 1995.

Stephen L. Johnson,
Director, Registration Division, 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(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 requirement of a tolerance.

* * * * *
    (d) *  *  *

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     Inert ingredient            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
Acetic acid ethenyl        ..................  Component of water-      
 ester, polymer with                            soluble film.           
 ethenol and () -                                              
 2-propenyl-()-                                               
 hydroxypoly (oxy-1,2-                                                  
 ethanediyl) (CAS Reg.                                                  
 No.137091-12-4); minimum                                               
 number average molecular                                               
 weight 15,000.                                                         
                                                                        
*                  *                  *                  *              
                  *                  *                  *               
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[FR Doc. 95-12567 Filed 5-23-95; 8:45 am]
BILLING CODE 6560-50-F