[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26117-26118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13019]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300412A; FRL-5359-4]
RIN 2070-AB78
Oxo-Alkyl Acetates; Tolerance Exemption
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This document exempts from the requirements of a tolerance
residues of a group of chemicals known as oxo-alkyl acetates [oxo-hexyl
acetate (CAS Reg. No. 88230-35-7), oxo-heptyl acetate (CAS Reg. No.
90438-79-2), oxo-octyl acetate (CAS Reg. No. 108419-32-5), oxo-nonyl
acetate (CAS Reg. No.108419-34-7), oxo-decyl acetate (CAS Reg. No.
108419-33-6), and oxo-tridecyl acetate (CAS Reg. No. 108419-35-8)] when
used as a solvent in pesticide formulations. This regulation was
requested by Exxon Chemical Co., Performance Products Group.
EFFECTIVE DATE: May 24, 1996.
ADDRESSES: Written objections and hearing requests, identified by the
document control number, [OPP-300412A], 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, 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.
A copy 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 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-300412A]. No Confidential Business Information (CBI) should be
submitted through e-mail. Electronic copies of 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: Amelia M. Acierto,
Registration Support Branch, Registration Division (7505W), Office of
Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
Washington, DC 20460. Office location, telephone number, and e-mail
address: 2800 Crystal Drive, North Tower, Arlington, VA, 703-308-8375;
e-mail: [email protected].
SUPPLEMENTARY INFORMATION: In the Federal Register of February 14, 1996
(61 FR 5728), Exxon Chemical Co., Performance Products Group, Linden,
NJ 07036, submitted pesticide petition (PP) 3E04267 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 oxo-alkyl acetates [oxo-hexyl acetate (CAS Reg. No.
88230-35-7), oxo-heptyl acetate (CAS Reg. No. 90438-79-2), oxo-octyl
acetate (CAS Reg. No. 108419-32-5), oxo-nonyl acetate (CAS Reg. No.
108419-34-7), oxo-decyl acetate (CAS Reg. No. 108419-33-6), and oxo-
tridecyl acetate (CAS Reg. No. 108419-35-8)] when used as solvents in
pesticide formulations applied to growing crops only.
There were no comments received in response to the proposed rule.
Based upon an evaluation of the toxicological data which shows no
evidence of mutagenicity (Ames Test), and no significant acute and
subchronic or developmental toxicity of the branched alkyl acetates in
this molecular weight range (C8-C13 alkyl acetates), the
Agency concludes that this chemical poses no significant risks under
the conditions of use and that no further data are required.
Based upon the toxicological data evaluated, the physico-chemical
properties of oxo-alkyl acetates and information regarding their use,
the Agency 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 is exempting
oxo-alkyl acetates from the requirement of a tolerance 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 to the regulation and may also request a hearing on
those objections. Objections and hearing requests must be filed 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
[[Page 26118]]
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 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).
EPA has established a record for this rulemaking under docket
number [OPP-300401A] (including any comments and data submitted
electronically). 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 Room 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.
Electronic comments may be sent directly to EPA at:
[email protected].
Electronic comments 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 copies of objections and hearing requests
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 paper record maintained at the
address in ``ADDRESSES'' at the beginning of this document.
The Office of Management and Budget has exempted this proposed 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 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: May 10, 1996.
Peter Caulkins,
Acting 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. In Sec. 180.1001(d) the table is amended by adding
alphabetically the following inert ingredients, to read as follows:
Sec. 180.1001 Exemptions from the requirement of a tolerance.
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(d) * * *
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Inert ingredients Limits Uses
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Oxo-decyl acetate (CAS reg. No. 108419-33-6) ............................ Solvent
Oxo-heptyl acetate (CAS Reg. No. 90438-79-2) ............................ Solvent
Oxo-hexyl acetate (CAS Reg. No. 88230-35-7). ............................ Solvent
Oxo-nonyl acetate (CAS Reg. No. 108419-34-7) ............................ Solvent
Oxo-octyl acetate (CAS Reg. No. 108419-32-5) ............................ Solvent
Oxo-tridecyl acetate (CAS Reg. No. 108419-35- ............................ Solvent
8).
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[FR Doc. 96-13019 Filed 5-23-96; 8:45 am]
BILLING CODE 6560-50-F