[Federal Register Volume 67, Number 224 (Wednesday, November 20, 2002)]
[Proposed Rules]
[Pages 70036-70042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29172]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0280; FRL-7278-3]


Pesticides; Minimal Risk Tolerance Exemptions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes to reorganize certain existing 
tolerance exemptions. All of these chemical substances were reviewed as 
part of the tolerance reassessment process required under the Food 
Quality Protection Act of 1996 (FQPA). As a result of that review, 
certain chemical substances are now classified as ``minimal risk,'' and 
are therefore being shifted to the section of 40 CFR part 180 that 
holds minimal risk chemical substances. The Agency is merely moving 
certain tolerance exemptions from one section of the CFR to another 
section: No tolerance exemptions are lost as a result of this action.

DATES: Comments, identified by docket ID number OPP-2002-0280, must be 
received on or before January 21, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

[[Page 70037]]


FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-6304; fax number: (703) 305-0599; 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 formulate or 
market pesticide products or if you market certain pesticides that have 
been exempted from the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) pursuant to section 25(b) of FIFRA. Potentially affected 
categories and entities may include, but are not limited to:
    [sbull] Crop production (NAICS 111)
    [sbull] Animal production (NAICS 112)
    [sbull] Food manufacturing (NAICS 311)
    [sbull] Pesticide manufacturing (NAICS 32532)
    [sbull] Antimicrobial pesticides (NAICS 32561)
    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 this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
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 Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0280. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. A frequently updated 
electronic version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html, a 
beta site currently under development.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit

[[Page 70038]]

comments to EPA electronically is EPA's preferred method for receiving 
comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and 
follow the online instructions for submitting comments. Once in the 
system, select ``search,'' and then key in docket ID number OPP-2002-
0280. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2002-0280. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC, 20460-0001, Attention: Docket ID Number OPP-2002-0280.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2002-0280. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.A.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. What Action is the Agency Taking?

    In the Federal Register published on May 24, 2002 (67 FR 36534) 
(FRL-6834-8) EPA established a new Sec.  180.950 to list the pesticide 
chemical substances that are exempted from the requirement of a 
tolerance based on the Agency's determination that these chemical 
substances are of ``minimal risk.'' As the first step in populating 
this section, the Agency shifted the existing tolerance exemptions for 
commonly consumed food commodities, animal feed items, and edible fats 
and oils to this section.
    This proposed rule shifts existing tolerance exemptions for certain 
inert ingredients that have been classified by the Agency as List 4A, 
``minimal risk,'' to 40 CFR 180.950. The decision documents supporting 
the minimal risk, List 4A-Classification, are in the docket.
    The following tolerance exemptions are being shifted from 40 CFR 
180.2: Citric acid, fumaric acid, lime, sodium chloride, and sulfur. 
The following tolerance exemptions are being shifted from 40 CFR 
180.1001(c): Animal glue; bentonite; calcareous shale; calcite; calcium 
carbonate; calcium citrate; calcium silicate; [alpha]-cellulose; citric 
acid; coffee grounds; corn dextrin; dextrin; dolomite; graphite; guar 
gum; gypsum; hydroxyethyl cellulose; hydroxypropyl methylcellulose; 
iron oxide; kaolinite-type clay; lecithin; licorice root; magnesium 
carbonate; magnesium-lime; magnesium oxide; magnesium silicate; 
magnesium sulfate; methylcellulose; mica; montmorillonite-type clay; 
potassium aluminum silicate; potassium chloride; potassium citrate; 
potassium sulfate; silica, hydrated; silicon dioxide, fumed, amorphous; 
sodium acetate; sodium alginate; sodium aluminum silicate; sodium 
bicarbonate; sodium carboxymethylcellulose; sodium chloride; sodium 
sulfate; vermiculite; xanthan gum; zeolite (hydrated alkali aluminum 
silicate); and zinc oxide.
    The following tolerance exemptions are being shifted from 40 CFR 
180.1001(d): Cellulose acetate; graphite; hydroxypropylcellulose; 
locust bean gum; paper fiber, deinked or recycled; paper fiber, 
produced by the kraft (sulfate) or sulfite pulping processes; silicon 
dioxide, fumed, amorphous; soap bark (quillaja); sodium citrate; and 
wool fat (anhydrous lanolin). The following tolerance exemptions are 
being shifted from 40 CFR 180.1001(e): Calcium carbonate; calcium 
silicate (hydrated calcium silicate); calcium sulfate; castor oil, 
u.s.p.; [alpha]-cellulose; citric acid; dextrin; graphite; iron oxide; 
kaolinite-type clay; magnesium carbonate; methylcellulose; 
montmorillonite-type clay; potassium citrate; silica, amorphous, fumed 
(crystalline free); silica, hydrated silica; silica aerogel; sodium 
carboxymethylcellulose, sodium sulfate; sulfur; xanthan gum; and zinc 
oxide.
    The following tolerance exemptions are also being shifted from: 
Sec.  180.1036: Hydrogenated castor oil, Sec.  180.1176: Sodium 
bicarbonate, Sec.  180.1177: Potassium bicarbonate, and Sec.  180.1180: 
Kaolin. Because this action merely moves certain tolerance exemptions 
from one section of the CFR to another section, it will have no 
substantive or procedural effect on the moved tolerance exemptions. No 
tolerance

[[Page 70039]]

exemptions are lost as a result of this action.

III. What is the Agency's Authority for Taking this Action?

    This proposed rule is issued under section 408 of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, as amended by the FQPA 
(Public Law 104-170). Section 408(e) of FFDCA authorizes EPA to 
establish, modify, or revoke tolerances, or exemptions from the 
requirement of a tolerance for residues of pesticide chemical 
substances in or on raw agricultural commodities and processed foods.

IV. What is ``Minimal Risk?''

    The term ``minimal risk'' has been used by EPA for over 10 years, 
and has generally meant List 4A inert ingredient chemical substances. 
On April 22, 1987 (52 FR 13305), EPA created a series of four lists as 
part of an initiative to address the risks potentially posed by inert 
ingredients in pesticide products. At that time all List 4 inert 
ingredients were classified as ``inerts of minimal concern.'' The 4A 
Inert Ingredient List was created on November 22, 1989 (54 FR 48314) by 
subdividing List 4 into Lists 4A and 4B. List 4B inert ingredients are 
``inerts for which EPA has sufficient information to reasonably 
conclude that the current use pattern in pesticide products will not 
adversely affect public health or the environment.'' List 4A inert 
ingredients are ``minimal risk inert ingredients.'' Only substances on 
List 4A are permitted to be used as inert ingredients in certain 
pesticides that have been exempted from FIFRA, 7 U.S.C. 136 et seq., 
pursuant to section 25(b) of FIFRA, 7 U.S.C. 136w(b).
    Minimal risk does not imply no risk under any circumstances. Every 
substance can present some risk in certain circumstances. Minimal risk 
is used to indicate a substance for which there is no information to 
indicate that there is a basis for concern. Many minimal risk or List 
4A substances are naturally occurring substances to which some 
refinement has occurred, such as beeswax, limestone, red cedar chips, 
salt, and sugar. The determination that a chemical substance is minimal 
risk would be based on a recognition of the overall safety of the 
chemical (such as very low toxicity or practically non-toxic) 
considering the widely available information on the chemical substances 
known properties, and a history of safe use under reasonable 
circumstances. Minimal risk (List 4A) chemical substances are 
recognized as safe for use in all pesticide products subject only to 
good agricultural practices or good manufacturing practices. 
Classification as a List 4A, minimal risk, chemical substance is a high 
standard to meet. As an example, chemical substances of high acute 
toxicity are usually not considered for classification to List 4A. The 
critical distinction between List 4A minimal risk chemical substances 
and other chemical substances, is that the Agency does not define how, 
where, when or in what manner the chemical substance can be used. Any 
reasonably foreseeable use of these chemical substances in a pesticide 
product is not expected to present a risk to humans. Accordingly, there 
should not be any unreasonable adverse effects from the inclusion of a 
List 4A chemical substance in a pesticide product to the person 
applying a pesticide product in and around their home, to a child in a 
daycare center, or when ingesting a food commodity that has been 
treated. A List 4A chemical substance used as an inert ingredient, 
incorporated into a 25(b) product (meeting all the appropriate 
exemption criteria) is subject to no Federal regulation under FIFRA 
except as provided in 40 CFR 152.25(g).
    The Agency must give consideration to all routes of exposure to 
determine that a chemical substance used in a pesticide product can be 
classified as minimal risk. Several of the chemical substances being 
shifted to the new section are naturally occurring materials that have 
been referred to as weathered materials. Weathered materials is the 
term that the Agency is using to describe a group of substances that 
could also be referred to as rocks and minerals. Generally, weathered 
materials are decayed or weathered rocks that are mostly unrefined, 
i.e., not altered or manufactured by man. When referring to weathered 
materials as mostly unrefined, the Agency is including the mechanical 
grinding of larger rocks into smaller pieces that are essentially the 
same, but not the chemical or physical alteration of the rock into a 
different substance. Naturally occurring materials such as these can 
contain impurities such as asbestos or silica which can lead to health 
effects including pneumoconiosis, silicosis, or kaolinosis. To evaluate 
these effects, the Agency conducted a screening-level assessment on 
weathered materials that compared an estimated residential exposure to 
the OSHA threshold limit value (TLV). A TLV is a limit on inhalation 
exposure in the workplace. Only those chemical substances that passed 
this screening level assessment were considered for List 4A status.

V. Nomenclature Changes

    For some of the chemical substances that are being shifted to 40 
CFR 180.950, EPA is making minor changes to the chemical substance 
names that were previously used. Additionally, the Agency has attempted 
to identify each of the listed chemical substances using the Chemical 
Abstracts Service Registry Number (CAS No.). The CAS No. provides one 
of the most distinct and universally accepted means of identifying 
chemical substances. The lack of a CAS No. will not preclude the Agency 
from including substances in 40 CFR 180.950. Generally, there will be 
only one CAS No. per listed substance; however, it is possible that 
more than one CAS No. may be appropriate for some substances, such as 
when there is both a hydrated and anhydrous form. EPA has both 
broadened and consolidated names to account for differing terminologies 
and current usage status. Also, additional information to better define 
the impurities in some naturally occurring substances and thus limit 
the inhalation concerns that can occur with naturally-occurring 
materials in a respirable form may have been added.

VI. Issues for Future Agency Actions

A. Chemical Substances Being Transferred From List 4A to List 4B

    The proposed rule published in the Federal Register of January 15, 
2002 (67 FR 1925) (FRL-6807-8) indicated that several allergen-
containing food commodities would be moved from List 4A to List 4B. The 
Agency has now determined that there are additional chemical substances 
that no longer meet the criteria of List 4A. These chemical substances 
are acetic acid, activated charcoal, attapulgite clay, gum arabic, and 
granite. These chemical substances will be transferred from the 
Agency's 4A list to the 4B list. Pesticide products containing these 
inert ingredients will no longer be considered exempt under FIFRA 
section 25(b) once that transfer is made. Manufacturers of such 
products will have the option of either reformulating their product, 
substituting a different List 4A inert ingredient, or of registering 
the product with the Agency. It is noted that vinegar (maximum of 8% 
acetic acid in solution), a commonly consumed food commodity, is still 
classified as List 4A.

B. Chemical Substances That Have Been Classified as List 4A

    The Agency has classified more chemical substances as List 4A, and 
is likely to classify additional chemical substances as List 4A. 
Shifting the

[[Page 70040]]

existing tolerance exemptions for all of these chemical substances to 
40 CFR 180.950 is a multi-step process that will continue. 
Additionally, on its own initiative, the Agency will propose to 
establish tolerance exemptions in 40 CFR 180.950 for some chemical 
substances that are currently classified as List 4A, but do not have 
tolerance exemptions. At the conclusion of this multi-step process, all 
chemical substances classified as List 4A will be included in 40 CFR 
180.950 and will thus have tolerance exemptions.

VII. Regulatory Assessment Requirements

    This proposed rule merely reorganizes existing exemptions in 40 CFR 
part 180. This has no substantive effect and hence causes no impact. 
The Agency is acting on its own initiative under FFDCA section 408 (e) 
in shifting these existing tolerance exemptions to a new section. Under 
Executive Order 12866, entitled Regulatory Planning and Review (58 FR 
51735, October 4, 1993), this action is not a ``significant regulatory 
action'' subject to review by the Office of Management and Budget 
(OMB). Because the proposed rule has been exempted from review under 
Executive Order 12866 due to its lack of significance, this proposed 
rule is not subject to Executive Order 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001).
    This proposed rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq., or impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4).
    Nor does it require any special considerations under Executive 
Order 12898 entitled Federal Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations (59 FR 7629, 
February 16, 1994) or require OMB review or any Agency action under 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not involve any technical standards that would 
require Agency 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).
    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) 
(5 U.S.C. 601 et seq.), the Agency hereby certifies that these proposed 
actions will not have significant negative economic impact on a 
substantial number of small entities. As noted in this unit, this 
action will have no substantive or procedural effect on the tolerance 
exemptions affected. However, by grouping tolerance exemptions that 
have qualified as minimal risk inerts in one location in the CFR, this 
action will make it easier for small entities to efficiently use EPA's 
tolerance regulations.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on 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). Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive order to include regulations 
that 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.'' This proposed rule directly regulates growers, food 
processors, food handlers, and food retailers, not States. This action 
does not alter the relationships or distribution of power and 
responsibilities established by Congress in the preemption provisions 
of FFDCA section 408(n)(4).
    For these same reasons, the Agency has determined that this 
proposed rule does not have any ``tribal implications'' as described in 
Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive 
Order 13175, requires EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' ``Policies that 
have tribal implications'' is defined in the Executive order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes.'' This proposed rule 
will not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this proposed rule.

List of Subjects in 40 CFR Part 180

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

    Dated: October 27, 2002.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.
    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

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

    Authority: 21 U.S.C. 321(q), 346(a) and 374.


Sec.  180.2  [Amended]

    2. In Sec.  180.2, paragraph (a), is amended by removing ``citric 
acid,'' ``fumaric acid,'' ``lime,'' ``sodium chloride,'' and 
``sulfur.''

    3. In Sec.  180.950, paragraph (e) is amended by alphabetically 
adding the following chemical substances to read as follows:


Sec.  180.950  Tolerance exemptions for minimal risk active and inert 
ingredients.

* * * * *
    (e) * * *

------------------------------------------------------------------------
              Chemical substances                        CAS No.
------------------------------------------------------------------------
Acetic acid, sodium salt.......................                 127-09-3
Animal glue....................................                     None
Bentonite......................................                1302-78-9
Bentonite, sodian..............................               85049-30-5
Calcium oxide silicate (Ca3O(SiO4))............               12168-85-3
Carbonic acid, calcium salt, (limestone)                       1317-65-3
 (marble) (chalk) (mollusc/bivalve shells) (no
 asbestos and less than 1% crystalline silica).
Carbonic acid, calcium salt (calcite) (no                     13397-26-7
 asbestos and less than 1% crystalline silica).

[[Page 70041]]

 
Carbonic acid, calcium salt (1:1), (no asbestos                 471-34-1
 and less than 1% crystalline silica)..........
Carbonic acid, calcium salt (1:1), hexahydrate.               15634-14-7
Carbonic acid, magnesium salt (1:1) (less than                  546-93-0
 1% crystalline silica)........................
Carbonic acid, monopotassium salt..............                 298-14-6
Carbonic acid, monosodium salt.................                 144-55-8
Carob gum (locust bean gum)....................                9000-40-2
Castor oil.....................................                8001-79-4
Castor oil, hydrogenated.......................                8001-78-3
Cellulose......................................                9004-34-6
Cellulose acetate..............................                9004-35-7
Cellulose, carboxy methyl ether, sodium salt...                9004-32-4
Cellulose, 2-hydroxyethyl ether................                9004-62-0
Cellulose, 2-hydroxypropyl ether...............                9004-64-2
Cellulose, 2-hydroxypropyl methyl ester........                9004-65-3
Cellulose, methyl ether........................                9004-67-5
Cellulose, mixture with cellulose carboxymethyl               51395-75-6
 ether, sodium salt............................
Cellulose, pulp................................               65996-61-4
Cellulose, regenerated.........................               68442-85-3
Citric acid....................................                  77-92-9
Citric acid, calcium salt......................                7693-13-2
Citric acid, calcium salt (2:3)................                 813-94-5
Citric acid, dipotassium salt..................                3609-96-9
Citric acid, disodium salt.....................                 144-33-2
Citric acid, monohydrate.......................                5949-29-1
Citric acid, monopotassium salt................                 866-83-1
Citric acid, monosodium salt...................               18996-35-5
Citric acid, potassium salt....................                7778-49-6
Citric acid, sodium salt.......................                 994-36-5
Citric acid, tripotassium salt.................                 866-84-2
Citric acid, tripotassium salt monohydrate.....                6100-05-6
Citric acid, trisodium salt....................                  68-04-2
Citric acid, trisodium salt, dihydrate.........                6132-04-3
Citric acid, trisodium salt, pentahydrate......                6858-44-2
Coffee grounds.................................               68916-18-7
Dextrins.......................................                9004-53-9
Dolomite (CaMg(CO3)2) (no asbestos and less                   16389-88-1
 than 1% crystalline silica)...................
Feldspar - group minerals (no asbestos and less               68476-25-5
 than 1% crystalline silica)...................
Fuller's earth.................................                8031-18-3
Fumaric acid...................................                 110-17-8
Graphite (no asbestos and less than 1%                         7782-42-5
 crystalline silica)...........................
Guar gum.......................................                9000-30-0
Gypsum (sulfuric acid, calcium salt, dihydrate)               13397-24-5
 (no asbestos and less than 1% crystalline
 silica).......................................
Iron oxide (FeO)...............................                1345-25-1
Iron oxide (Fe2O3).............................                1309-37-1
Iron oxide (Fe2O3), hydrate....................               12259-21-1
Iron oxide (Fe3O4).............................                1317-61-9
Kaolin (no asbestos and less than 1%                           1332-58-7
 crystalline silica)...........................
                                * * * * *
Lanolin........................................                8006-54-0
Lecithins......................................                8002-43-5
Lecithins, soya................................                8030-76-0
Licorice Extract...............................               68916-91-6
Lime (chemical) dolomitic (magnesium and                      12001-27-3
 calcium carbonate) (magnesium-lime)...........
Magnesium oxide................................                1309-48-4
Magnesium silicon oxide (Mg2Si3O8).............               14987-04-3
Maltodextrin...................................                9050-36-6
Mica - group minerals (no asbestos and less                   12001-26-2
 than 1% crystalline silica)...................
Montmorillonite................................                1318-93-0
Paper..........................................                     None
Perlite (no asbestos and less than 1%                        130885-09-5
 crystalline silica)...........................
Perlite, expanded (no asbestos and less than 1%               93763-70-3
 crystalline silica)...........................
Plaster of Paris (sulfuric acid, calcium salt,                26499-65-0
 hemihydrate); (no asbestos and less than 1%
 crystalline silica)...........................
Potassium chloride.............................                7447-40-7
Silica aerogel.................................
Silica, amorphous, diatomaceous earth                         61790-53-2
 (Kieselguhr)(less than1% crystalline silica)..
Silica, amorphous, fumed (crystalline free)....              112945-52-5
Silica, amorphous, perlite,....................
Silica, amorphous, precipitated and gel........                7699-41-4
Silica (crystalline-free forms only)...........                7631-86-9
Silica gel.....................................               63231-67-4
Silica gel, precipitated, crystalline-free.....              112926-00-8
Silica, hydrate................................               10279-57-9
Silica, vitreous...............................               60676-86-0
Silicic acid, aluminum potassium salt..........                1327-44-2
Silicic acid, aluminum salt....................                1327-36-2
Silicic acid, aluminum salt, hydrate...........                1335-30-4
Silicic acid, aluminum sodium salt (1:1:1).....               12003-51-9
Silicic acid, aluminum sodium salt.............                1344-00-9
Silicic acid, calcium salt.....................                1344-95-2
Silicic acid, calcium salt, (wollastonite) (no                13983-17-0
 asbestos and less than 1% crystalline silica).
Silicic acid, magnesium salt...................                1343-88-0
Silicic acid, magnesium salt, hydrate..........                1343-90-4
Silicic acid, magnesium salt (1:1).............               13776-74-4
Soapbark (Quillaja saponin)....................                1393-03-9
Sodium alginate................................                9005-38-3
Sodium chloride (table salt)...................                7647-14-5
Sulfur.........................................                7704-34-9

[[Page 70042]]

 
Sulfuric acid, calcium salt (1:1)..............                7778-18-9
Sulfuric acid, calcium salt, dihydrate (1:1)...               10101-41-4
Sulfuric acid, calcium salt, hydrate (2:2:1)...               10034-76-1
Sulfuric acid, magnesium salt, (1:1)...........                7487-88-9
Sulfuric acid, magnesium salt (1:1)                           10034-99-8
 heptahydrate..................................
Sulfuric acid, magnesium salt (1:1) monohydrate               14168-73-1
Sulfuric acid, monopotassium salt..............                7646-93-7
Sulfuric acid, dipotassium salt................                7778-80-5
Sulfuric acid, disodium salt...................                7757-82-6
Sulfuric acid, disodium salt, decahydrate......                7727-73-3
Sulfuric acid, disodium salt, heptadydrate.....               13472-39-4
Vermiculite (no asbestos and less than 1%                      1318-00-9
 crystalline silica)...........................
Xanthan gum....................................               11138-66-2
Zeolites (excluding erionite; CAS No. 12510-42-                1318-02-1
 8)............................................
Zinc oxide.....................................                1314-13-2
------------------------------------------------------------------------

Sec.  180.1001  [Amended]

    4. In Sec.  180.1001 the table in paragraph (c) is amended by 
removing the following entries: ``Animal glue;'' ``Bentonite;'' 
``Calcareous shale;'' ``Calcite;'' ``Calcium carbonate;'' ``Calcium 
citrate;'' ``Calcium silicate;'' ``[alpha]-Cellulose;'' ``Citric 
acid;'' ``Coffee grounds;'' ``Corn dextrin;'' ``Dextrin;'' 
``Dolomite;'' ``Graphite;'' ``Guar gum;'' ``Gypsum;'' ``Hydroxyethyl 
cellulose;'' ``Hydroxypropyl methylcellulose;'' ``Iron oxide;'' 
``Kaolinite-type clay;'' ``Lecithin;'' ``Licorice root;'' ``Magnesium 
carbonate;'' ``Magnesium-lime;'' ``Magnesium oxide;'' ``Magnesium 
silicate;'' ``Magnesium sulfate;'' ``Methylcellulose;'' ``Mica;'' 
``Montmorillonite-type clay;'' ``Potassium aluminum silicate;'' 
``Potassium chloride;'' ``Potassium citrate;'' ``Potassium sulfate;'' 
``Silica, hydrated;'' ``Silicon dioxide, fumed, amorphous;'' ``Sodium 
acetate; ``Sodium alginate;'' ``Sodium aluminum silicate;'' ``Sodium 
bicarbonate;'' ``Sodium carboxymethylcellulose;'' ``Sodium chloride;'' 
``Sodium sulfate;'' ``Vermiculite;'' ``Xanthan Gum;'' ``Zeolite 
(hydrated alkali aluminum silicate;'' ``Zinc oxide.''

    5. In Sec.  180.1001 the table in paragraph (d) is amended by 
removing the following inert ingredients: ``Cellulose acetate (CAS Reg. 
No. 9004-35-7), minimum number average molecular weight, 28,000; 
``Graphite;'' ``Hydroxypropyl cellulose;'' ``Locust bean gum;'' ``Paper 
fiber, deinked or recycled, conforming to 21 CFR 109.30(a)(9) and 21 
CFR 176.260;'' ``Paper fiber, produced by the kraft (sulfate) or 
sulfite pulping processes;'' ``Silicon dioxide, fumed, amorphous;'' 
``Soap bark (quillaja);'' ``Sodium citrate;'' ``Wool fat (anhydrous 
lanolin).''

    6. In Sec.  180.1001 the table in paragraph (e) is amended by 
removing the following inert ingredients: ``Calcium carbonate;'' 
Calcium silicate (hydrated calcium silicate);'' Calcium sulfate;'' 
``Castor oil, U.S.P.;'' ``[alpha]-Cellulose;'' ``Citric acid;'' 
``Dextrin (CAS Reg. No. 9004-53-9);'' ``Graphite;'' ``Iron Oxide (CAS 
Reg. No. 1309-37-1);'' ``Kaolinite-type clay;'' ``Magnesium 
carbonate;'' ``Methylcellulose;'' ``Montmorillonite-type clay;'' 
``Potassium citrate (CAS Reg. No. 866-84-2);'' ``Silica, amorphous, 
fumed (crystalline free) (CAS Reg. No. 112945-52-5);'' ``Silica, 
hydrated silica,;'' ``Silica aerogel (finely powdered microcellular 
silica foam having a minimum silica content of 89.5%);'' ``Sodium 
carboxymethylcellulose;'' ``Sodium sulfate;'' ``Sulfur (CAS Reg. No. 
7704-34-9);'' ``Xanthan gum;'' ``Zinc oxide.''


Sec.  180.1036  [Removed]

    7. Section 180.1036 is removed.


Sec.  180.1176  [Removed]

    8. Section 180.1176 is removed.


Sec.  180.1177  [Removed]

    9. Section 180.1177 is removed.


Sec.  180.1180  [Removed]

    10. Section 180.1180 is removed.
[FR Doc. 02-29172 Filed 11-19-02; 8:45 am]
BILLING CODE 6560-50-S