[Federal Register Volume 71, Number 85 (Wednesday, May 3, 2006)]
[Proposed Rules]
[Pages 25993-26000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4154]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0230; FRL-8060-9]


Inert Ingredients; Proposed Revocation of Tolerance Exemptions 
with Insufficient Data for Reassessment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes under section 408(e)(1) of the Federal 
Food, Drug, and Cosmetic Act (FFDCA) to revoke the existing exemptions 
from the requirement of a tolerance for residues of certain inert 
ingredients because there are insufficient data to make the 
determination of safety required by FFDCA section 408(b)(2), or because 
they are redundant and, therefore, are not necessary. In addition, EPA 
has identified substances within certain of these tolerance exemptions 
that meet the definition of low-risk polymers and is proposing to 
establish new tolerance exemptions for them. The revocation actions 
proposed in this document contribute towards the Agency's tolerance 
reassessment requirements under FFDCA section 408(q), as amended by the 
Food Quality Protection Act (FQPA) of 1996. By law, EPA is required by 
August 2006 to reassess the tolerances that were in existence on August 
2, 1996. The regulatory actions proposed in this document pertain to 
the proposed revocation of 129 tolerance exemptions which would be 
counted as tolerance reassessment toward the August 2006 review 
deadline.

DATES: Comments must be received on or before July 3, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0230, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502C), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental 
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St., 
Arlington, VA. Deliveries are only accepted during the Docket's normal 
hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays). Special arrangements should be made for 
deliveries of boxed information. The Docket telephone number is (703) 
305-5805.
     Important Note: OPP will be moving to a new location the 
first week of May 2006. As a result, from Friday, April 28 to Friday, 
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any 
deliveries at the Crystal Mall 2 address and this facility 
will be closed to the public. Beginning on May 8, 2006, the OPP 
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will 
be accepted in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. 
Crystal Dr., Arlington, VA 22202. The mail code for the mailing address 
will change to (7502P), but will otherwise remain the same. The OPP 
Regulatory Public Docket telephone number and hours of operation will 
remain the same after the move.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0230. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is

[[Page 25994]]

restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket at 
the location identified under ``Delivery'' and ``Important Note.'' The 
hours of operation for this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Kerry Leifer, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8811; 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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit II. 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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background and Statutory Findings

A. What Action is the Agency Taking?

    1. Revocation because of insufficient data. EPA is now in the 
process of reassessing all inert ingredient exemptions from the 
requirement of a tolerance (``tolerance exemptions'') established prior 
to August 2, 1996, as required by FFDCA section 408(q). Under FFDCA 
section 408(q), tolerance reassessment may lead to regulatory action 
under FFDCA section 408(e)(1). When taking action under FFDCA section 
408(e)(1), EPA may leave a tolerance exemption in effect only if the 
Agency determines that the tolerance exemption is safe. EPA is 
proposing to revoke 129 inert ingredient tolerance exemptions because 
insufficient data are available to the Agency to make the safety 
determination required by FFDCA section 408(c)(2).
    In making the FFDCA reassessment safety determination, EPA 
considers the validity, completeness, and reliability of the data that 
are available to the Agency, FFDCA section 408 (b)(2)(D), and the 
available information concerning the special susceptibility of infants 
and children (including developmental effects from in utero exposure), 
FFDCA section 408 (b)(2)(C). Data gaps exist for these inert 
ingredients in areas critical to reassessment. Without these data, the 
assessment of possible effects to infants and children cannot be made. 
Thus, EPA has insufficient data to make the safety finding of FFDCA 
section 408(c)(2) and is proposing to revoke the inert ingredient 
tolerance exemptions identified in this document.
    In developing risk assessment documents for inert ingredient 
tolerance exemptions, EPA currently reviews data submitted to the 
Agency as well as information from reputable, publicly available 
sources. For example, studies may be available in professional (peer-
reviewed) journals, and chemical assessments may be available on the 
Internet from U.S. Government agencies (e.g., EPA, the Agency for Toxic 
Substances and Disease Registry, National Institutes of Health, Food 
and Drug Administration (FDA)) and international organizations (e.g., 
World Health Organization, Organization for Economic Cooperation and 
Development (OECD)). In some cases, representatives from chemical and 
pesticide manufacturing industry associations endeavored to locate data 
to support reassessment of surfactant chemicals. Nonetheless, 
sufficient valid and reliable data were not available to make the 
requisite FFDCA safety finding.
    EPA could not have made the requisite FFDCA safety finding unless, 
at the very least, a set of basic toxicity studies had been available 
to the Agency. It is possible that the tests agreed to under OECD's 
Screening Information Data Set (SIDS) program would have sufficed. 
Especially important to inert ingredient reassessment is an acceptable 
repeat-dose study. The preferred test for repeat-dose toxicity is the 
``Combined Repeated Dose Toxicity Study with the Reproduction/
Developmental Toxicity Screening Test'' (OECD Test Guideline 422). More 
information about the OECD SIDS and EPA's High Production Volume (HPV) 
programs is found at http://www.epa.gov/oppt/chemrtk/sidsappb.htm. In 
some cases, the full OECD SIDS may not have been necessary because EPA 
has available a limited number of studies and information on some of 
the inert

[[Page 25995]]

ingredients in question (e.g., acute toxicity studies). In other cases, 
the limited toxicity information available to the Agency may indicate a 
need for further testing. EPA always recommends that parties interested 
in supporting an inert ingredient consult with the Agency prior to 
embarking on a testing strategy in order to determine existing data 
gaps and if testing certain chemicals within a multi-chemical exemption 
would serve to represent the entire exemption.
    The Agency is proposing to revoke one other inert ingredient 
because it does not have sufficient data, as discussed earlier. The 
inert ingredient's two tolerance exemptions in 40 CFR 180.1001(c) and 
(e) were inadvertently removed from the CFR between the 1999 and 2003 
editions. Since that time, 180.1001(c) and (e) have been renamed as 40 
CFR 180.910 and 189.930, respectively. These tolerance exemptions were 
omitted from the CFR by mistake, therefore, they are considered to be 
active tolerance exemptions under 40 CFR 180.910 and 180.930 that are 
subject to reassessment as required by the FFDCA section 408(q). The 
tolerance exemption under 40 CFR 180.910 reads as follows: ``[alpha]-
Alkyl(C12-C15)-[omega]- hydroxypoly(oxyethylene) 
sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc 
salts; the poly(oxyethylene) content averages 3 moles.'' The name of 
the tolerance exemption under 40 CFR 180.930 differs slightly but not 
substantively, and reads as follows: ``[alpha]-Alkyl (C12-
C15)-[omega]-hydroxypoly(oxyethylene) sulfate and its 
ammonium, calcium, magnesium, potassium, sodium, and zinc salts; the 
poly(oxyethylene) content averages 3 moles.'' As stated in this unit, 
this inert ingredient does not has sufficient data and EPA is proposing 
to revoke the tolerance exemptions in 40 CFR 180.910 and 180.930.
    In summary, the safety finding required by FFDCA section 408(b)(2) 
cannot be made for certain inert ingredient tolerance exemptions due to 
insufficient data. Therefore, EPA is proposing to revoke under FFDCA 
section 408(e)(1) the tolerance exemptions identified at the end of 
this document under 40 CFR 180.910, 180.920, 180.930, and 180.940, with 
the revocations effective 2 years after the date of publication of the 
final rule in the Federal Register.
    EPA is planning to hold two identical public meetings about this 
proposed action on inert ingredient tolerance exemptions with 
insufficient data for reassessment. EPA will review its reassessment 
progress for inert ingredients, describe the Agency's data finding 
efforts, discuss data needs and the screening level studies that may 
suffice, and other topics that may prove useful to those who are 
considering developing data in support of these inert ingredients. Both 
identical public meetings will be held on Tuesday, May 23, 2006, at the 
Office of Pesticide Program's new office building located at One 
Potomac Yard, 2777 S. Crystal Dr., Arlington, VA, 22202. The first 
meeting will be held from 9 a.m. to 11 a.m. and the second meeting will 
be from 1 p.m. to 3 p.m. In order to ensure adequate space for 
attendees, the Agency requests an RSVP from those who are interested in 
attending the public meetings. Please RSVP to Karen Angulo at either 
(703) 306-0404 or [email protected], and indicate whether you prefer 
the morning or afternoon meeting and the number of attendees in your 
group. The formal announcement of these public meetings appears 
elsewhere in this issue of the Federal Register.
    2. Five new tolerance exemptions for polymer chemicals--i. 
Exemptions. Several of the tolerance exemptions discussed in this unit 
include numerous chemicals. While EPA does not have sufficient data to 
make the safety finding for all of the chemicals within these multi-
chemical exemptions, EPA has identified certain chemicals within these 
exemptions that meet the criteria specified in accordance with the 
Toxic Substances Control Act for defining a low-risk polymer under 40 
CFR 723.250. Polymers that are eligible for exemption under 40 CFR 
723.250 will not present an unreasonable risk of injury to human health 
and the environment. Therefore, EPA is proposing to establish five 
tolerance exemptions under 40 CFR 180.960.
    ii. Cumulative effects from substances with a common mechanism of 
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when 
considering whether to establish, modify, or revoke a tolerance, the 
Agency consider ``available information'' concerning the cumulative 
effects of a particular pesticide's residues and ``other substances 
that have a common mechanism of toxicity.''
    Unlike other pesticides for which EPA has followed a cumulative 
risk approach based on a common mechanism of toxicity, EPA has not made 
a common mechanism of toxicity finding as to these chemicals and any 
other substances and these chemicals do not appear to produce a toxic 
metabolite produced by other substances. For the purposes of this 
tolerance action, therefore, EPA has not assumed that these chemicals 
have a common mechanism of toxicity with other substances. For 
information regarding EPA's efforts to determine which chemicals have a 
common mechanism of toxicity and to evaluate the cumulative effects of 
such chemicals, see the policy statements released by EPA's Office of 
Pesticide Programs concerning common mechanism determinations and 
procedures for cumulating effects from substances found to have a 
common mechanism on EPA's Web site at http://www.epa.gov/pesticides/cumulative.
    iii. Determination of safety for U.S. population, infants and 
children. Dietary (food and drinking water) and residential risks are 
not of concern for chemicals that meet the criteria specified for 
defining a low-risk polymer in 40 CFR 723.250. Therefore, EPA finds 
that exempting these polymer chemicals in 40 CFR 180.960 will be safe 
for the general population including infants and children.
    iv. Analytical enforcement methodology. An analytical method is not 
required for the new tolerance exemption for enforcement purposes 
because the Agency is establishing an exemption from the requirement of 
a tolerance.
    3. Revocations for administrative reasons. The Agency has 
identified seven tolerance exemptions that can be revoked for 
administrative reasons, as described in this unit.
    i. The Agency has determined that two tolerance exemptions describe 
chemicals and substances that do not exist, and can be revoked on the 
date of publication of the final rule in the Federal Register.
    a. The first exemption is ``Ethyl vinyl acetate (CAS Reg. No. 
24937-78-8)'' under 40 CFR 180.930. This chemical name is wrong; the 
correct name associated with this CAS Reg. No. is ``Ethylene, polymer 
with vinyl acetate.'' This CAS Reg. No. already has a tolerance 
exemption under 40 CFR 180.960 (polymers), therefore, the tolerance 
exemption under 40 CFR 180.930 is unnecessary and can be revoked.
    b. The second exemption is for ``[alpha]-(Methylene (4-(1,1,3,3-
tetramethylbutyl)-o-phenylene)bis-[omega]-hydroxypoly(oxyethylene) 
having 6-7.5 moles of ethylene oxide per hydroxyl group.'' This name is 
in error because it describes a chemical that does not exist. 
Therefore, the tolerance exemption under 40 CFR 180.930 can be revoked.
    ii. The Agency has identified five tolerance exemptions that can be 
revoked because they are redundant. These redundant tolerance 
exemptions are unnecessary and can be revoked on

[[Page 25996]]

the date of publication of the final rule in the Federal Register.
    a. The tolerance exemption ``Sodium mono- and dimethyl 
naphthalenesulfonate; molecular weight (in amu) 245-260'' under 40 CFR 
180.920 is unnecessary because there is an identically named exemption 
in 40 CFR 180.910.
    b. The tolerance exemptions ``Sodium butyl naphthalenesulfonate'' 
under 40 CFR 180.920 and 180.930 can be revoked because they are 
included in the broader tolerance exemptions ``Sodium mono-, di-, and 
tributyl naphthalenesulfonates'' in 40 CFR 180.910 and 180.930.
    c. Similarly, the two tolerance exemptions called ``[alpha]-[p-
(1,1,3,3-Tetramethylbutyl) phenyl]-[omega]-hydroxypoly(oxyethylene) 
produced by the condensation of 1 mole of p-(1,1,3,3-tetramethylbutyl) 
phenol with an average of 4-14 or 30-70 moles of ethylene oxide; ...'' 
under 40 CFR 180.910 and 180.930 can be revoked because they are 
included in the broader tolerance exemptions that are also in 40 CFR 
180.910 and 180.930 that have ``[alpha]-[p-(1,1,3,3-
Tetramethylbutyl)phenyl]-[omega]-hydroxypoly(oxyethylene) produced by 
the condensation of 1 mole of p-(1,1,3,3-tetramethylbutyl)phenol with a 
range of 1-14 or 30-70 moles of ethylene oxide;....''

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

    A ``tolerance'' represents the maximum level for residues of 
pesticide chemicals legally allowed in or on raw agricultural 
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a, 
as amended by FQPA, Public Law 104-170, authorizes the establishment of 
tolerances, exemptions from tolerance requirements, modifications in 
tolerances, and revocation of tolerances for residues of pesticide 
chemicals in or on raw agricultural commodities and processed foods. 
Without a tolerance or exemption, food containing pesticide residues is 
considered to be unsafe and therefore ``adulterated'' under FFDCA 
section 402(a), 21 U.S.C. 342(a). Such food may not be distributed in 
interstate commerce (21 U.S.C. 331(a)). For a food-use pesticide to be 
sold and distributed, the pesticide must not only have appropriate 
tolerances under FFDCA, but also must be registered under Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136 et 
seq.). Food-use pesticides not registered in the United States must 
have tolerances in order for commodities treated with those pesticides 
to be imported into the United States.

C. When do These Actions Become Effective?

    1. EPA is proposing to revoke the tolerance exemptions identified 
in this document that have insufficient data effective 2 years after 
the date of publication of the final rule in the Federal Register. Any 
commodities listed in this proposal treated with pesticide products 
containing the inert ingredients and in the channels of trade following 
the tolerance revocations, shall be subject to FFDCA section 408(1)(5), 
as established by FQPA. Under this section, any residues of these 
pesticide chemicals in or on such food shall not render the food 
adulterated so long as it is shown to the satisfaction of FDA that:
    i. The residue is present as the result of an application or use of 
the pesticide at a time and in a manner that was lawful under FIFRA.
    ii. The residue does not exceed the level that was authorized at 
the time of the application or use to be present on the food under a 
tolerance or exemption from tolerance. Evidence to show that food was 
lawfully treated may include records that verify the dates when the 
pesticide was applied to such food.
    2. EPA is proposing the establishment of new tolerance exemptions 
under 40 CFR 180.960 effective on the date of publication of the final 
rule in the Federal Register.
    3. EPA is proposing to revoke for administrative reasons the 
redundant and incorrect tolerance exemptions identified in this 
document under 40 CFR 180.910, 180.920, and 180.930 effective on the 
date of publication of the final rule in the Federal Register.

D. What is the Contribution to Tolerance Reassessment?

    By law, EPA is required by August 2006 to reassess the tolerances 
and exemptions from tolerances that were in existence on August 2, 
1996. This document proposes to revoke 129 inert ingredient tolerance 
exemptions, which will be counted in a final rule as a tolerance 
reassessment toward the August 2006 review deadline under FFDCA section 
408(q), as amended by FQPA in 1996.

III. Are the Proposed Actions Consistent with International 
Obligations?

    The tolerance revocation in this proposal is not discriminatory and 
is designed to ensure that both domestically produced and imported 
foods meet the food safety standard established by FFDCA. The same food 
safety standards apply to domestically produced and imported foods.
    EPA is working to ensure that the U.S. tolerance reassessment 
program under FQPA does not disrupt international trade. EPA considers 
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in 
reassessing them. MRLs are established by the Codex Committee on 
Pesticide Residues, a committee within the Codex Alimentarius 
Commission, an international organization formed to promote the 
coordination of international food standards. It is EPA's policy to 
harmonize U.S. tolerances with Codex MRLs to the extent possible, 
provided that the MRLs achieve the level of protection required under 
FFDCA. EPA's effort to harmonize with Codex MRLs is summarized in the 
tolerance reassessment section of individual Reregistration Eligibility 
Decision (RED) documents. EPA has developed guidance concerning 
submissions for import tolerance support which was published in the 
Federal Register of June 1, 2000 (65 FR 35069) (FRL-6559-3). This 
guidance will be made available to interested persons. Electronic 
copies are available on the Internet at http://www.epa.gov. On the Home 
Page select ``Laws, Regulations, and Dockets,'' then select 
``Regulations and Proposed Rules'' and then look up the entry for this 
document under ``Federal Register--Environmental Documents.'' You can 
also go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr.

IV. Statutory and Executive Order Reviews

    This proposed rule establishes a tolerance under section 408(d) of 
FFDCA in response to a petition submitted to the Agency. The Office of 
Management and Budget (OMB) has exempted these types of actions from 
review under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993). Because this 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

[[Page 25997]]

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 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 the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.), the Agency previously assessed whether establishment of 
tolerances, exemptions from tolerances, raising of tolerance levels, 
expansion of exemptions, or revocations might significantly impact a 
substantial number of small entities and concluded that, as a general 
matter, these actions do not impose a significant economic impact on a 
substantial number of small entities. These analyses for tolerance 
establishments and modifications, and for tolerance revocations were 
published on May 4, 1981 (46 FR 24950) and on December 17, 1997 (62 FR 
66020) (FRL-5753-1), respectively, and were provided to the Chief 
Counsel for Advocacy of the Small Business Administration. Taking into 
account this analysis, and available information concerning the 
pesticides listed in this proposed rule, the Agency hereby certifies 
that this proposed action will not have a significant negative economic 
impact on a substantial number of small entities. Specifically, the 
Agency has concluded in a memorandum dated May 25, 2001 that for import 
tolerance revocation there is a negligible joint probability of certain 
defined conditions holding simultaneously which would indicate an RFA/
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) 
concern and require more analysis. (This Agency document is available 
in the docket of this proposed rule). Furthermore, for the pesticides 
named in this proposed rule, the Agency knows of no extraordinary 
circumstances that exist as to the present proposal that would change 
the EPA's previous analysis. Any comments about the Agency's 
determination should be submitted to EPA along with comments on the 
proposal, and will be addressed prior to issuing a final rule.
    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 section 408(n)(4) of FFDCA. 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, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.


    Dated: April 27, 2006.
Lois Rossi,
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 continues to read as 
follows:

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


Sec.  180.910  [Amended]

    2. In Sec.  180.910, the table is amended by removing the following 
entries:
    a. [alpha]-Alkyl (C9-C18-[omega]-
hydroxypoly(oxyethylene) with poly(oxyethylene) content of 2-30 moles.
    b. [alpha]-(p-Alkylphenyl)-[omega]-hydroxypoly(oxyethylene) 
produced by the condensation of 1 mole of alkylphenol (alkyl is a 
mixture of propylene tetramer and pentamer isomers and averages 
C13) with 6 moles of ethylene oxide.
    c. [alpha]-Alkyl (C6-C14)-[omega]-
hydroxypoly(oxypropylene) block copolymer with polyoxyethylene; 
polyoxypropylene content is 1-3 moles; polyoxyethylene content is 4-12 
moles; average molecular weight (in amu) is approximately 635.
    d. [alpha]-(p-tert-Butylphenyl)-[omega]-hydroxypoly (oxyethylene) 
mixture of dihydrogen phosphate and monohydrogen phosphate esters and 
the corresponding ammonium calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts of the phosphate esters; the 
poly(oxyethylene) content averages 4-12 moles.
    e. [alpha]-(o,p-Dinonylphenyl)-[omega]-hydroxypoly (oxyethylene) 
mixture of dihydrogen phosphate and monohydrogen phosphate esters and 
the corresponding ammonium, calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts of the phosphate esters; the nonyl 
group is a propylene trimer isomer and the poly(oxyethylene) content 
averages 4-14 moles.
    f. [alpha]-(o,p-Dinonylphenyl)-[omega]-hydroxypoly (oxyethylene) 
produced by condensation of 1 mole of dinonylphenol (nonyl group is a 
propylene trimer isomer) with an average of 4-14 or 140-160 moles of 
ethylene oxide.
    g. Dodecylbenzenesulfonic acid, amine salts.
    h. [alpha]-(p-Dodecylphenyl)-[omega]-hydroxypoly (oxyethylene) 
produced by the condensation of 1 mole of dodecylphenol (dodecyl group 
is a propylene tetramer isomer) with an average of 4-14 or 30-70 moles 
of

[[Page 25998]]

ethylene oxide; if a blend of products is used, the average number of 
moles of ethylene oxide reacted to produce any product that is a 
component of the blend shall be in the range of 4-14 or 30-70.
    i. Ethylene oxide adducts of 2,4,7,9-tetramethyl-5-decynediol, the 
ethylene oxide content averages 3.5, 10, or 30 moles.
    j. [alpha]-Lauryl-[omega]-hydroxypoly(oxyethylene), average 
molecular weight (in amu) of 600.
    k. [alpha]-Lauryl-[omega]-hydroxypoly(oxyethylene) sulfate, sodium 
salt; the poly(oxyethylene) content is 3-4 moles.
    l. Manganous oxide.
    m. [alpha]-(p-Nonylphenyl)-[omega]-hydroxypoly(oxyethylene) mixture 
of dihydrogen phosphate and monohydrogen phosphate esters and the 
corresponding ammonium, calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts of the phosphate esters; the nonyl 
group is a propylene trimer isomer and the poly (oxyethylene) content 
averages 4-14 moles or 30 moles.
    n. [alpha]-(p-Nonylphenyl)-[omega]-hydroxypoly(oxyethylene) 
sulfate, ammonium, calcium, magnesium, potassium, sodium, and zinc 
salts; the nonyl group is a propylene trimer isomer and the 
poly(oxyethylene) content averages 4 moles.
    o. Polyglyceryl phthalate ester of coconut oil fatty acids.
    p. Poly(methylene-p-tert-butylphenoxy)- poly(oxyethylene) ethanol; 
the poly(oxyethylene) content averages 4-12 moles.
    q. Poly(methylene-p-nonylphenoxy)poly(oxyethylene) ethanol; the 
poly(oxyethylene) content averages 4-12 moles.
    r. Secondary alkyl (C11-C15) 
poly(oxyethylene) acetate, sodium salt; the ethylene oxide content 
averages 5 moles.
    s. Sodium diisobutylnapthalenesulfonate.
    t. Sodium dodecylphenoxybenzenedisulfonate.
    u. Sodium isopropylisohexylnaphthalenesulfonate.
    v. Sodium lauryl glyceryl ether sulfonate.
    w. Sodium monoalkyl and dialkyl (C8-C16) 
phenoxybenzenedisulfonate mixtures containing not less than 70% of the 
monoalkylated product.
    x. Sodium mono- and dimethylnaphthalenesulfonates, molecular weight 
(in amu) 245-260.
    y. Sodium mono-, di-, and tributyl naphthalenesulfonates.
    z. Sodium mono-, di-, and triisopropyl naphthalenesulfonate.
    aa. Sodium N-oleoyl-N-methyltaurine.
    bb. Sodium sulfite.
    cc. [alpha]-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-[omega]-
hydroxypoly(oxyethylene) produced by the condensation of 1 mole of p-
(1,1,3,3-tetramethylbutyl)phenol with a range of 1-14 or 30-70 moles of 
ethylene oxide: if a blend of products is used, the average range 
number of moles of ethylene oxide reacted to produce any product that 
is a component of the blend shall be in the range of 1-14 or 30-70.
    dd. [alpha]-[p-(1,1,3,3-Tetramethylbutyl) phenyl]-[omega]-
hydroxypoly(oxyethylene) produced by the condensation of 1 mole of p-
(1,1,3,3-tetramethylbutyl) phenol with an average of 4-14 or 30-70 
moles of ethylene oxide; if a blend of products is used, the average 
number of moles of ethylene oxide reacted to produce any product that 
is a component of the blend shall be in the range of 4-14 or 30-70.
    ee. Tridecylpoly(oxyethylene) acetate, sodium salt; where the 
ethylene oxide content averages 6-7 moles.


Sec.  180.920  [Amended]

    3. In Sec.  180.920, the table is amended by removing the following 
entries:
    a. [alpha]-Alkyl (C12-C18)-[omega]-
hydroxypoly(oxyethylene) copolymers with poly(oxypropylene); 
polyoxyethylene content averages 3-12 moles and polyoxypropylene 
content 2-9 moles.
    b. [alpha]-Alkyl (C12-C15)-[omega]-
hydroxypoly(oxyethylene) sulfosuccinate, isopropylamine and N-
hydroxyethyl isopropylamine salts of; the poly(oxyethylene) content 
averages 3-12 moles.
    c. [alpha]-Alkyl(C10-12)-[omega]-
hydroxpoly(oxyethylene) poly(oxypropylene) copolymer; poly(oxyethylene) 
content is 11-15 moles; poly(oxyproplene) content is 1-3 moles.
    d. [alpha]-Alkyl(C12-C18)-[omega]-hydroxypoly 
(oxyethylene/oxypropylene) hetero polymer in which the oxyethylene 
content averages 13-17 moles and the oxypropylene content averages 2-6 
moles.
    e. [alpha]-Alkyl (C10-C16)-[omega]-
hydroxypoly(oxyethylene)poly(oxypropylene) mixture of di- and 
monohydrogen phosphate esters and the corresponding ammonium, calcium, 
magnesium, monoethanolamine, potassium, sodium, and zinc salts of the 
phosphate esters; the combined poly(oxyethylene) poly(oxypropylene) 
content averages 3-20 moles.
    f. [alpha]-Alkyl (C12-C18)-[omega]-
hydroxypoly(oxyethylene/oxypropylene) hetero polymer in which the 
oxyethylene content is 8-12 moles and the oxypropylene content is 3-7 
moles.
    g. [alpha]-Alkyl (C12-C15)-[omega]-
hydroxypoly(oxyethylene/oxypropylene) hetero polymer in which the 
oxyethylene content is 8-13 moles and the oxypropylene content is 7-30 
moles.
    h. [alpha]-Alkyl (C21-C71)-[omega]-
hydroxypoly (oxyethylene) in which the poly(oxyethylene) content is 2 
to 91 moles and molecular weight range from 390 to 5,000.
    i. n-Alkyl(C8-C18)amine acetate.
    j. Amine salts of alkyl (C8-C24) 
benzenesulfonic acid (butylamine, dimethylaminopropylamine, mono- and 
diisopropylamine, mono- , di-, and triethanolamine).
    k. N-(Aminoethyl) ethanolamine salt of dodecylbenzenesulfonic acid.
    l. N,N-Bis[[alpha]-ethyl-[omega]-hydroxypoly(oxyethylene) 
alkylamine; the poly(oxyethylene) content averages 3 moles; the alkyl 
groups (C14-C18) are derived from tallow, or from 
soybean or cottonseed oil acids.
    m. N,N-Bis(2-hydroxyethyl)alkylamine, where the alkyl groups 
(C8-C18) are derived from coconut, cottonseed, 
soya, or tallow acids.
    n. N,N-Bis 2-([omega]-hydroxypolyoxyethylene) ethyl) alkylamine; 
the reaction product of 1 mole N,N-bis(2-hydroxyethyl)alkylamine and 3-
60 moles of ethylene oxide, where the alkyl group (C8-
C18) is derived from coconut, cottonseed, soya, or tallow 
acids.
    o. N,N-Bis-2-([omega]-hydroxypolyoxyethylene/polyoxypropylene) 
ethyl alkylamine; the reaction product of 1 mole of N,N-bis(2-
hydroxyethyl alkylamine) and 3-60 moles of ethylene oxide and propylene 
oxide, where the alkyl group (C8-C18) is derived 
from coconut, cottonseed soya, or tallow acids.
    p. Butoxytriethylene glycol phosphate.
    q. Cyclohexanol.
    r. [alpha]-(Di-sec-butyl)phenylpoly(oxypropylene) block polymer 
with poly(oxyethylene); the poly(oxypropylene) content averages 4 
moles, the poly(oxyethylene) content averages 5 to 12 moles, the 
molecular.
    s. Disodium 4-isodecyl sulfosuccinate.
    t. Dodecylphenol.
    u. [alpha]-Dodecylphenol-[omega]-hydroxypoly(oxyethylene/
oxypropylene) hetero polymer where ethylene oxide content is 11-13 
moles and oxypropylene content is 14-16 moles, molecular weight (in 
amu) averages 600 to 965.

[[Page 25999]]

    v. Isopropylbenzenesulfonic acid and its ammonium, calcium, 
magnesium, potassium, sodium, and zinc salts.
    w. (3-Lauramidopropyl) trimethylammonium methyl sulfate.
    x. Linoleic diethanolamide (CAS Reg. No. 56863-02-6).
    y. Methyl bis(2-hydroxyethyl)alkyl ammonium chloride, where the 
carbon chain (C8-C18) is derived from coconut, 
cottonseed, soya, or tallow acids.
    z. [alpha],[alpha]'-[Methylenebis]-4-(1,1,3,3-tetramethylbutyl)-o-
phenylene bis[[omega]-hydroxypoly(oxyethylene)] having 6-7.5 moles of 
ethylene oxide per hydroxyl group.
    aa. Methylnapthalenesulfonic acid--formaldehyde condensate, sodium 
salt.
    bb. Methyl poly(oxyethylene) alkyl ammonium chloride, where the 
poly(oxyethylene) content is 3-15 moles and the alkyl group 
(C8-C18) is derived from coconut, cottonseed, 
soya, or tallow acids.
    cc. Methyl violet 2B.
    dd. Morpholine salt of dodecylbenzenesulfonic acid.
    ee. Napthalenesulfonic acid-formaldehyde condensate, ammonium and 
sodium salts.
    ff. Partial sodium salt of N-lauryl-[alpha]-iminodipropionic acid.
    gg. Poly(methylene-p-nonylphenoxy)poly(oxypropylene) propanol; the 
poly(oxy-propylene) content averages 4-12 moles.
    hh. Primary n-alkylamines, where the alkyl group (C8-
C18) is derived from coconut, cottonseed, soya, or tallow 
acids.
    ii. Sodium butyl naphthalenesulfonate.
    jj. Sodium 1,4-dicyclohexyl sulfosuccinate.
    kk. Sodium 1,4-dihexyl sulfosuccinate.
    ll. Sodium 1,4-diisobutyl sulfosuccinate.
    mm. Sodium 1,4-dipentyl sulfosuccinate.
    nn. Sodium 1,4-ditridecyl sulfosuccinate.
    oo. Sodium mono- and dimethyl naphthalenesulfonate; molecular 
weight (in amu) 245-260.
    pp. Sulfosuccinic acid ester with N-(2,-hydroxy-propyl) oleamide, 
ammonia and isopropylamine salts of.
    qq. Tall oil diesters with polypropylene glycol (CAS Reg. No. 
68648-12-4).
    rr. N,N,N',N''-Tetrakis-(2-hydroxypropyl) ethylenediamine.
    ss. [alpha]-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-[omega]-
hydroxypoly(oxyethylene) mixture of dihydrogen phosphate and 
monohydrogen phosphate esters and the corresponding sodium salts of the 
phosphate esters; the poly(oxyethylene) content averages 6 to 10 moles.


Sec.  180.930  [Amended]

    4. In Sec.  180.930, the table is amended by removing the following 
entries:
    a. [alpha]-Alkyl (C9-C18)-[omega]-
hydroxypoly(oxyethylene): the poly(oxyethylene) content averages 2-20 
moles.
    b. [alpha]-Alkyl (C12-C15)-[omega]-
hydroxypoly(oxyethylene/oxypropylene) hetero polymer in which the 
oxyethylene content is 8-13 moles and the oxypropylene content is 7-30 
moles.
    c. [alpha]-Alkyl (C88-C10) 
hydroxypoly(oxypropylene) block polymer with polyoxyethylene; 
polyoxypropylene content averages 3 moles and polyoxyethylene content 
averages 5-12 moles.
    d. [alpha]-Alkyl (C6-C14)-[omega]-
hydroxypoly(oxypropylene) block copolymer with polyoxyethylene; 
polyoxypropylene content is 1-3 moles; polyoxyethylene content is 7-9 
moles; average molecular weight (in amu) approximately 635.
    e. [alpha]-(p-Alkylphenyl)-[omega]-hydroxypoly (oxyethylene) 
produced by the condensation of 1 mole of alkylphenol (alkyl is a 
mixture of propylene tetramer and pentamer isomers and averages 
C13) with 6 moles of ethylene oxide.
    f. Amine salts of alkyl (C8-C24) 
benzenesulfonic acid (butylamine; dimethylamino propylamine; mono- and 
diisopropyl- amine; and mono- , di-, and triethanolamine).
    g. [alpha]-(p-tert-Butylphenyl)-[omega]-hydroxypoly(oxyethylene) 
mixture of dihydrogen phosphate and monohydrogen phosphate esters and 
the corresponding ammonium, calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts of the phosphate esters; the 
poly(oxyethylene) content averages 4-12 moles.
    h. [alpha]-(o,p-Dinonylphenyl)-[omega]-hydroxypoly (oxyethylene) 
mixture of dihydrogen phosphate and monohydrogen phosphate esters and 
the corresponding ammonium, calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts of the phosphate esters; the nonyl 
group is a propylene trimer isomer and the poly(oxyethylene) content 
averages 4-14 moles.
    i. [alpha]-(o,p-Dinonylphenyl)-[omega]-hydroxypoly(oxyethylene), 
produced by the condensation of 1 mole of dinonylphenol (nonyl group is 
a propylene trimer isomer) with an average of 4-14 moles of ethylene 
oxide.
    j. Dodecylbenzenesulfonic acid, amine salts.
    k. [alpha]-(p-Dodecylphenyl)-[omega]-hydroxypoly (oxyethylene) 
produced by the condensation of 1 mole of dodecylphenol (dodecyl group 
is a propylene tetramer isomer) with an average of 4-14 or 30-70 moles 
of ethylene oxide; if a blend of products is used, the average number 
of moles of ethylene oxide reacted to produce any product that is a 
component of the blend shall be in the range of 4-14 or 30-70 moles.
    l. Ethylene oxide adducts of 2,4,7,9-tetramethyl-5-decynediol, the 
ethylene oxide content averages 3.5, 10, or 30 moles.
    m. Ethyl vinyl acetate (CAS Reg. No. 24937-78-8).
    n. [alpha]-Lauryl-[omega]-hydroxypoly(oxyethylene), average 
molecular weight (in amu) of 600.
    o. [alpha]-Lauryl-[omega]-hydroxypoly(oxyethylene), sulfate, sodium 
salt; the poly(oxyethylene) content is 3-4 moles.
    p. Manganous oxide.
    q. [alpha]-(Methylene (4-(1,1,3,3-tetramethylbutyl)-o-
phenylene)bis-[omega]-hydroxypoly(oxyethylene) having 6-7.5 moles of 
ethylene oxide per hydroxyl group.
    r. Mono-, di-, and trimethylnapthalenesulfonic acids-formaldehyde 
condensates, sodium salts.
    s. Naphthalenesulfonic acid and its sodium salt.
    t. [alpha]-(p-Nonylphenyl)-[omega]-hydroxypoly(oxyethylene) mixture 
of dihydrogen phosphate and monohydrogen phosphate esters and the 
corresponding ammonium, calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts of the phosphate esters; the nonyl 
group is a propylene trimer isomer and the poly(oxyethylene) content 
averages 4-14 moles.
    u. [alpha]-(p-Nonylphenyl)-[omega]-hydroxypoly(oxyethylene) 
sulfate, and its ammonium, calcium, magnesium, potassium, sodium, and 
zinc salts; the nonyl group is a propylene trimer isomer and the 
poly(oxyethylene) content averages 4 moles.
    v. [alpha]-(p-Nonylphenyl)-[omega]-hydroxypoly(oxyethylene) 
sulfate, and its ammonium, calcium, magnesium, monoethanolamine, 
potassium, sodium, and zinc salts; the nonyl group is a propylene 
trimer isomer and the poly(oxyethylene) content averages 4-14 or 30-90 
moles of ethyiene oxide.
    w. Polyglyceryl phthalate esters of coconut oil fatty acids.
    x. Poly(methylene-p tert-butylphenoxy)poly(oxyethylene) ethanol; 
the poly(oxyethylene) content averages 4-12 moles.

[[Page 26000]]

    y. Poly(methylene-p-nonylphenoxy)poly(oxyethylene) ethanol; the 
poly(oxyethylene) content averages 4-12 moles.
    z. Poly(methylene-p-nonylphenoxy)poly(oxypropylene) propanol; the 
poly(oxypropylene) content averages 4-12 moles.
    aa. Secondary alkyl (C11-C15) 
poly(oxyethylene) acetate, sodium salt; the ethylene oxide content 
averages 5 moles.
    bb. Sodium butylnaphthalenesulfonate.
    cc. Sodium diisobutylnaphthalenesulfonate.
    dd. Sodium isopropylisohexylnaphthalenesulfonate.
    ee. Sodium isopropylnaphthalenesulfonate.
    ff. Sodium monoalkyl and diakyl (C8-C13) 
phenoxybenzenedisulfonate mixtures containing not less than 70% of the 
monoalkylated product.
    gg. Sodium mono- and dimethylnaphthalenesulfonate, molecular weight 
(in amu) 245-260.
    hh. Sodium mono-, di-, and tributylnaphthalenesulfonates.
    ii. Sodium N-oleoyl-N-methyl taurine.
    jj. [alpha]-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-[omega]-
hydroxypoly(oxyethylene) produced by the condensation of 1 mole of p 
(1,1,3,3-tetramethylbutyl)phenol with a range of 1-14 or 30-70 moles of 
ethylene oxide: if a blend of products is used, the average range 
number of moles of ethylene oxide reacted to produce any product that 
is a component of the blend shall be in the range of 1-14 or 30-70.
    kk. [alpha]-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-[omega]-
hydroxypoly(oxyethylene) produced by the condensation of 1 mole of p-
(1,1,-3,3-tetramethylbutyl) phenol with an average of 4-14 or 30-70 
moles of ethylene oxide; if a blend of products is used, the average 
number of moles of ethylene oxide reacted to produce any product that 
is a component of the blend shall be in the range of 4-14 or 30-70.
    ll. Tridecylpoly(oxyethylene) acetate sodiums salt; where the 
ethylene oxide content averages 6-7 moles.


Sec.  180.940  [Amended]

    5. Section 180.940 is amended as follows:
    a. The table in paragraph (a) is amended by removing the following 
entries:
    i. [alpha]-Alkyl(C10-C14)-[omega]- 
hydroxypoly (oxyethylene) poly(oxypropylene) average molecular weight 
(in amu), 768 to 837.
    ii. [alpha]-Alkyl(C12-C18)-[omega] 
hydroxypoly (oxyethylene) poly(oxypropylene) average molecular weight 
(in amu), 950 to 1120.
    b. The table in paragraph (b) is amended by removing the following 
entries:
    i. [alpha]-Lauroyl-[omega]-hydroxypoly (oxyethylene) with an 
average of 8-9 moles ethylene oxide, average molecular weight (in amu), 
400.
    ii. Oxirane, methyl-, polymer with oxirane, ether with (1,2-
ethanediyldinitrilo)tetrakis [propanol] (4:1).
    c. The table in paragraph (c) is amended by removing the following 
entries:
    i. [alpha]-Alkyl(C10-C14)-[omega]-hydroxypoly 
(oxyethylene) poly (oxypropylene) average molecular weight (in amu), 
768 to 837.
    ii. [alpha]-Alkyl(C11-C15)-[omega]-
hydroxypoly (oxyethylene) with ethylene oxide content 9 to 13 moles.
    iii. [alpha]-Alkyl(C12-C15)-[omega]-
hydroxypoly (oxyethylene) polyoxypropylene, average molecular weight 
(in amu), 965.
    iv. [alpha]-Alkyl(C12-C18)-[omega]-
hydroxypoly (oxyethylene) poly(oxypropylene) average molecular weight 
(in amu), 950 to 1120.
    v. [alpha]-Lauroyl-[omega]-hydroxypoly (oxyethylene) with an 
average of 8-9 moles ethylene oxide, average molecular weight (in amu), 
400.
    vi. Naphthalene sulfonic acid, sodium salt.
    vii. Naphthalene sulfonic acid sodium salt, and its methyl, 
dimethyl and trimethyl derivatives.
    viii. Naphthalene sulfonic acid sodium salt, and its methyl, 
dimethyl and trimethyl derivatives alkylated at 3% by weight with 
C6-C9 linear olefins.
    ix. Oxirane, methyl-, polymer with oxirane, ether with (1,2-
ethanediyldinitrilo)tetrakis [propanol] (4:1).
    6. In Sec.  180.960, the table is amended by alphabetically adding 
the following entries:


Sec.  180.960  Polymers; exemptions from the requirement of a 
tolerance.

* * * * *

------------------------------------------------------------------------
                  Polymer                              CAS No.
------------------------------------------------------------------------
                                * * * * *
[alpha]-(o,p-Dinonylphenyl)-[omega]-        9014-93-1
 hydroxypoly(oxyethylene) produced by
 condensation of 1 mole of dinonylphenol
 (nonyl group is a propylene trimer
 isomer) with an average of 140-160 moles
 of ethylene oxide
------------------------------------------------------------------------
                                * * * * *
[alpha]-(p-Dodecylphenyl)-[omega]-          9014-92-0
 hydroxypoly(oxyethylene) produced by the   26401-47-8
 condensation of 1 mole of dodecylphenol
 (dodecyl group is a propylene tetramer
 isomer) with an average of 30-70 moles of
 ethylene oxide
------------------------------------------------------------------------
                                * * * * *
[alpha]-(p-Nonylphenyl)-[omega]-            None
 hydroxypoly(oxyethylene) mixture of
 dihydrogen phosphate and monohydrogen
 phosphate esters and the corresponding
 ammonium, calcium, magnesium,
 monoethanolamine, potassium, sodium, and
 zinc salts of the phosphate esters; the
 nonyl group is a propylene trimer isomer
 and the poly(oxyethylene) content
 averages 30 moles
------------------------------------------------------------------------
[alpha]-(p-Nonylphenyl)-[omega]-            None
 hydroxypoly(oxyethylene) sulfate, and its
 ammonium, calcium, magnesium,
 monoethanolamine, potassium, sodium, and
 zinc salts; the nonyl group is a
 propylene trimer isomer and the
 poly(oxyethylene) content averages 30-90
 moles of ethylene oxide
------------------------------------------------------------------------
                                * * * * *
[alpha]-[p-(1,1,3,3-                        9036-19-5
 Tetramethylbutyl)phenyl]-[omega]-          9002-93-1
 hydroxypoly(oxyethylene) produced by the
 condensation of 1 mole of p-(1,1,3,3-
 tetramethylbutyl)phenol with a range of
 30-70 moles of ethylene oxide
                                * * * * *
------------------------------------------------------------------------


[FR Doc. 06-4154 Filed 5-2-06; 8:45 am]
BILLING CODE 6560-50-S