[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Notices]
[Pages 26386-26388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10781]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0118; FRL-7357-7]


Isodecyl Alcohol Ethoxylated (2-8 moles) Polymer with 
Chloromethyl Oxirane; Notice of Filing a Pesticide Petition to 
Establish a Tolerance for a Certain Pesticide Chemical in or on Food

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of a pesticide 
petition proposing the establishment of regulations for residues of a 
certain pesticide chemical in or on various food commodities.

DATES: Comments, identified by docket ID number OPP-2004-0118, must be 
received on or before June 11, 2004.

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.

FOR FURTHER INFORMATION CONTACT: Bipin Gandhi, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8380; 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 entities may include, but are not limited to:
     Crop production (NAICS 111)
     Animal production (NAICS 112)
     Food manufacturing (NAICS 311)
     Pesticide manufacturing (NAICS 32532)
    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-2004-0118. 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/.
    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. 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. 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. 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

[[Page 26387]]

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 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-2004-0118. 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-2004-0118. 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-2004-0118.
    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-2004-0118. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.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 copies of 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 the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Make sure to submit your comments by the deadline in this 
notice.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

    EPA has received a pesticide petition as follows proposing the 
establishment and/or amendment of regulations for residues of a certain 
pesticide chemical in or on various food commodities under section 408 
of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a. 
EPA has determined that this petition contains data or information 
regarding the elements set forth in FFDCA section 408(d)(2); however, 
EPA has not fully evaluated the sufficiency of the submitted data at 
this time or whether the data support granting of the petition. 
Additional data may be needed before EPA rules on the petition.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: May 4, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.

Summary of Petition

    The petitioner summary of the pesticide petition is printed below 
as required by FFDCA section 408(d)(3). The summary of the petition was 
prepared by the petitioner and represents the view of the petitioner. 
The summary may have been edited by EPA if the terminology used was 
unclear, the summary contained extraneous material, or the summary 
unintentionally made the reader conclude that the findings reflected 
EPA's position and not the position of the petitioner. The petition 
summary announces the availability of a description of the analytical 
methods available to EPA for the detection and measurement of the 
pesticide chemical residues or an explanation of why no such method is 
needed.

[[Page 26388]]

Cognis Corporation

PP 4E6820

    EPA has received a pesticide petition (PP 4E6820) from Cognis 
Corporation, 4900 Este Avenue, Cincinnati, OH 45232, proposing pursuant 
to section 408(d) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 
346a(d), to amend 40 CFR part 180 to establish an exemption from the 
requirement of a tolerance for isodecyl alcohol ethoxylated (2-8 moles) 
polymer with chloromethyl oxirane in or on all raw agricultural 
commodities when used as an inert ingredient in pesticide formulations 
under 40 CFR 180.960 (polymers). EPA has determined that the petition 
contains data or information regarding the elements set forth in 
section 408(d)(2) of the FFDCA; however, EPA has not fully evaluated 
the sufficiency of the submitted data at this time or whether the data 
supports granting of the petition. Additional data may be needed before 
EPA rules on the petition.

A. Residue Chemistry

    1. Plant metabolism. Cognis is petitioning that the polymer 
isodecyl alcohol ethoxylated (2-8 moles) polymer with chloromethyl 
oxirane be exempt from the requirement of a tolerance since the polymer 
qualifies under the polymer exemption criteria of 40 CFR 723.250(e) 
and, therefore, can be considered a low-risk polymer.
    2. Analytical method. Since the petitioner is requesting a 
tolerance exemption an analytical method for residues of the polymer in 
food crops is not required.

B. Toxicological Profile

    Where it can be determined that an inert ingredient meets the 
definition of an exempt or low-risk polymer (40 CFR 723.250) then the 
production of data is generally not required by EPA to establish a 
tolerance or the exemption from a tolerance. Cognis Corporation asserts 
that the data and information provided below are sufficient to 
establish the activity and toxicity associated with isodecyl alcohol 
ethoxylated (2-8 moles) polymer with chloromethyl oxirane as an inert 
ingredient when applied to growing crops or raw agricultural 
commodities.
    Further, in the case of chemical substances described as polymers, 
EPA has established criteria, which when they are met or exceeded, are 
considered low-risk. These criteria are described in 40 CFR 723.250, 
and identify polymers that are relatively unreactive, stable, and 
typically are not absorbed when compared to other chemical substances 
including some polymers.
    The criteria described in 40 CFR 723.250, and addressed below, will 
generally exclude polymer chemicals that are not well-known and 
understood, and potentially present a significant risk of adverse 
effects. Therefore, the polymers that meet or exceed these criteria can 
be considered minimal or negligible risk.
    Isodecyl alcohol ethoxylated (2-8 moles) polymer with chloromethyl 
oxiraneconforms to the definition of a low-risk polymer as described in 
40 CFR 723.250 as presented below.
    a. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane is not a cationic polymer, nor is it reasonably 
anticipated to become a cationic polymer in a natural aquatic 
environment.
    b. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane contains as the integral part of its composition 
the atomic elements hydrogen, oxygen and carbon.
    c. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane does not contain as an integral part of its 
composition, except as impurities, any elements other than those listed 
in 40 CFR 723.250(d)(2)(ii).
    d. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane is not designed nor reasonably anticipated to 
substantially depolymerize, degrade or decompose.
    e. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane is manufactured from monomers that are listed in 
the Toxic Substances Control Act (TSCA), Chemical Substance Inventory, 
or manufactured under an applicable TSCA section 5 exemption.
    f. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane is not a water absorbing polymer.
    g. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane does not contain any reactive functional groups.
    h. The minimum number-average molecular weight of isodecyl alcohol 
ethoxylated (2-8 moles) polymer with chloromethyl oxirane is 
approximately 2,500 daltons. Substances with molecular weights greater 
than 400 Daltons are generally not absorbed through the intact skin, 
and substances with molecular weights greater than 1,000 daltons are 
generally not absorbed through the intact gastrointestinal (GI) tract. 
Chemicals not absorbed through the skin or GI tract are incapable of 
eliciting a toxic response via these routes of exposure.
    i. Isodecyl alcohol ethoxylated (2-8 moles) polymer with 
chloromethyl oxirane contains less than 10% oligomeric material below 
molecular weight of 500 daltons and less than 25% oligomeric material 
below 1,000 daltons.

C. Aggregate Exposure

    1. Dietary exposure. Since isodecyl alcohol ethoxylated (2-8 moles) 
polymer with chloromethyl oxirane is considered a low-risk polymer 
there is a reasonable certainty of no harm from exposure to this 
polymer from food or drinking water nor from an aggregate exposure.
    2. Non-dietary exposure. Since isodecyl alcohol ethoxylated (2-8 
moles) polymer with chloromethyl oxirane is considered a low-risk 
polymer there is a reasonable certainty of no harm from exposure to 
this polymer from non-dietary means.

D. Cumulative Effects

    At this time, there is no information to indicate that any toxic 
effects produced by isodecyl alcohol ethoxylated (2-8 moles) polymer 
with chloromethyl oxirane would be cumulative with those of any other 
chemical. Given the compound's categorization as a low-risk polymer, 
and its proposed use in pesticide formulations, there is no expectation 
of increased risk due to cumulative exposure.

E. Safety Determination

    1. U.S. population. Since isodecyl alcohol ethoxylated (2-8 moles) 
polymer with chloromethyl oxirane is considered a low-risk polymer no 
adverse effects are expected.
    2. Infants and children. Since isodecyl alcohol ethoxylated (2-8 
moles) polymer with chloromethyl oxirane is considered a low-risk 
polymer, no adverse effects are expected.

F. International Tolerances

    There are no CODEX maximum residue levels established for residues 
of isodecyl alcohol ethoxylated (2-8 moles) polymer with chloromethyl 
oxirane in or on crops or commodities at this time.

[FR Doc. 04-10781 Filed 5-11-04; 8:45 am]
BILLING CODE 6560-50-S