[Federal Register Volume 65, Number 71 (Wednesday, April 12, 2000)]
[Rules and Regulations]
[Pages 19662-19664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8264]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300973A; FRL-6498-4]
RIN 2070-AB78


Ethoxylated Propoxylated (C12-C15) 
Alcohols; Tolerance Exemption, Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: This document makes a technical correction to the exemption 
from the requirement of a tolerance for residues of a range of 
polymers, -alkyl (C12-C15)--
hydroxypoly  (oxypropylene)poly(oxyethylene)  copolymers (where the 
poly(oxypropylene) content is 3-60 moles and the poly(oxyethylene) 
content is 5-80 moles, when used as an inert ingredient (surfactant) in 
or on growing crops, when applied to raw agricultural commodities after 
harvest, or to animals.

DATES: This technical correction is effective April 12, 2000.

FOR FURTHER INFORMATION CONTACT: By mail: Kathryn Boyle, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, Ariel Rios Bldg., 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 703-305-6304; and e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected categories and entities may include, but are not 
limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                    NAICS            potentially
                                                       affected entities
------------------------------------------------------------------------
Industry                          111                 Crop production
                                  112                 Animal production
                                  311                 Food manufacturing
                                  32532               Pesticide
                                                       manufacturing
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether or not this action might apply to certain entities. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of This 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register--Environmental Documents.'' You can also go directly 
to the Federal Register listings at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-300973A. The official 
record consists of the documents specifically referenced in this 
action, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. What Action is EPA Taking?

    In the Federal Register of May 26, 1999 (64 FR 28480) (FRL-6081-3), 
EPA issued a notice pursuant to section 408 of the Federal Food, Drug, 
and Cosmetic Act (FFDCA), 21 U.S.C. 346a, as amended by the Food 
Quality Protection Act (FQPA) (Public Law 104-170) announcing the 
filing of a pesticide tolerance petition (PP 8E4950) by Omnichem S.A, 
Industrial Research Park, 1348 Louvain-La-Neuve, Belgium. This notice 
included a summary of the petition prepared by the petitioner, 
including a statement of the number average molecular weight of the 
range of polymers. There were no comments received in response to the 
notice of filing.
    In the Federal Register of February 28, 2000 (65 FR 10401) (FRL-
6491-3), EPA issued a rule establishing an exemption from the 
requirement of a tolerance for residues of a range of polymers 
-alkyl (C12-C15)--hydroxypoly  
(oxypropylene)poly  (oxyethylene)copolymers (where the 
poly(oxypropylene) content is 3-60 moles and the poly(oxyethylene) 
content is 5-80 moles in or on growing crops, when applied to raw 
agricultural commodities after harvest, or to animals when used as an 
inert ingredient (surfactant). The number average molecular weight, 
which is routinely included in the tolerance exemption expression, was 
inadvertently omitted from the tolerance exemption expression in 
Sec. 180.1001(c) and (e). This rule corrects the tolerance exemption to 
include the molecular weight as a limitation.

III. Why is this Technical Correction Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment, because EPA is amending the 
tolerance exemption expression that was previously issued to include 
the number average molecular weight. The preamble to the previously 
published Final Rule discussed how the number average molecular weeight 
was one of the criteria for identifying low risk polymers. Thus, notice 
and public procedure are unnecessary. EPA finds that this constitutes 
good cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Regulatory Assessment Requirements Apply to this 
Action?

    No. This final rule implements a technical amendment to the Code of 
Federal Regulations to reflect a technical correction to a previously

[[Page 19663]]

issued Final Rule, and it does not otherwise impose or amend any 
requirements. As such, the Office of Management and Budget (OMB) has 
determined that a technical correction is not a ``significant 
regulatory action'' subject to review by OMB under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993). Nor does this rule contain any information collection 
requirements that require review and approval by OMB pursuant to the 
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.).
    Because this action is not economically significant as defined by 
section 3(f) of Executive Order 12866, this action is not subject to 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action will not result in environmental justice related 
issues and does not, therefore, require special consideration under 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). Since the Agency has made 
a ``good cause'' finding that this action is not subject to notice-and-
comment requirements under the Administration Procedure Act or any 
other statute (see Unit IV), this action is not subject to provisions 
of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), or to 
sections 202 and 205 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Public Law 104-4). In addition, this action does not significantly or 
uniquely affect small governments or impose a significant 
intergovernmental mandate, as described in sections 203 and 204 of 
UMRA. Nor does this action significantly or uniquely affect the 
communities of tribal governments as specified by Executive Order 
13084, entitled Consultation and Coordination with Indian Tribal 
Governments (63 FR 27655, May 10, 1998). This rule will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled Federalism (64 FR 43255, 
August 10, 1999). This action does not involve any technical standards 
that require the Agency's consideration of voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note). In issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct, as 
required by section 3 of Executive Order 12988, entitled Civil Justice 
Reform (61 FR 4729, February 7, 1996). EPA has complied with Executive 
Order 12630, entitled Governmental Actions and Interference with 
Constitutionally Protected Property Rights (53 FR 8859, March 15, 
1988), by examining the takings implications of this rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the Executive Order.
    For information about the applicability of the regulatory 
assessment requirements to the final rule that was issued on February 
28, 2000 (65 FR 10401) (FRL-6491-3), please refer to the discussion in 
Unit XII of that document.

V. Will EPA Submit this Final Rule to Congress and the Comptroller 
General?

    Yes. The Congressional Review Act (CRA), 5 U.S.C. 801 et seq., as 
added by the Small Business Regulatory Enforcement Fairness Act of 
1996, generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. (5 U.S.C. 
808(2)). EPA has made such a good cause finding for this final rule, 
and established an effective date of April 12, 2000. Pursuant to 5 
U.S.C. 808(2), this determination is supported by the brief statement 
in Unit III. of this document. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. This is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

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

    Dated: March 22, 2000.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is corrected as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 321(q), 346a, 371.

    2. In Sec. 180.1001, the table in paragraph (c) is corrected by 
revising the entry beginning with ``-alkyl (C12-
C15)'' and the table to paragraph (e) is corrected by 
revising the entry beginning with ``-alkyl (C12-
C15)--hydroxypoly  (oxypropylene)poly  
(oxyethylene)copolymers'' to read as follows:


Sec. 180.1001  Exemptions from the requirements of a tolerance.

* * * * *
    (c) * * *

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        Inert ingredients                Limits               Uses
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*                  *                  *                  *
                  *                  *                  *
-alkyl (C12-C15)--hydroxypoly                    of pesticide
 (oxypropylene)poly                 formulations
 (oxyethylene)copolymers (where
 the poly(oxypropylene) content
 is 3-60 moles and the
 poly(oxyethylene) content is 5-
 80 moles), the resulting
 ethoxylated propoxylated (C12-
 C15) alcohols having a minimum
 molecular weight (in amu) of
 1,500, CAS Reg. No. 68551-13-3.
 
*                  *                  *                  *
                  *                  *                  *
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* * * * * * *
    (e)* * *

[[Page 19664]]



------------------------------------------------------------------------
        Inert ingredients               Limits               Uses
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*                  *                  *                  *
                  *                  *                  *
-alkyl (C12-C15)--hydroxypoly                   of pesticide
 (oxypropylene)poly  (oxyethylen   formulations
 e)copolymers (where the
 poly(oxypropylene) content is 3-
 60 moles and the
 poly(oxyethylene) content is 5-
 80 moles), the resulting
 ethoxylated propoxylated (C12-
 C15) alcohols having a minimum
 molecular weight (in amu) of
 1,500, CAS Reg. No. 68551-13-3.
 
*                  *                  *                  *
                  *                  *                  *
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[FR Doc. 00-8264 Filed 4-11-00; 8:45 am]
BILLING CODE 6560-50-F