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- 40 CFR Part 180
-
- [OPP─300331A; FRL─4864─3]
-
- RIN 2070─AB78
-
- Vinyl Alcohol-Vinyl Acetate-Monomethyl Maleate, Sodium Salt-Maleic Acid,
- Disodium Salt-g-Butyrolactone Acetic Acid, Sodium Salt Copolymer; Tolerance
- Exemption
-
- AGENCY: Environmental Protection Agency (EPA).
-
- ACTION: Final rule.
-
- SUMMARY: This document establishes an exemption from the requirement of a
- tolerance for residues of vinyl alcohol-vinyl acetate-monomethyl maleate,
- sodium salt-maleic acid, disodium salt-g-butyrolactone acetic acid, sodium
- salt copolymer when used as an inert ingredient (carrier) in pesticide
- formulations applied to growing crops only. This regulation was requested by
- Mitsui Plastics, Inc.
-
- EFFECTIVE DATE: The regulation becomes effective on May 25, 1994.
-
- ADDRESSES: Written objections, identified by the document control number,
- [OPP-300331A], may be submitted to: Hearing Clerk (1900), Environmental
- Protection Agency, Rm. M3708, 401 M St., SW., Washington, DC 20460. A copy of
- any objections and hearing requests filed with the Hearing Clerk should be
- identified by the document control number and submitted to: Public Response
- and Program Resources Branch, Field Operations Division (7506C), Office of
- Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,
- Washington, DC 20460. In person, bring copy of objections and hearing requests
- to: Rm. 1132, CM ±2, 1921 Jefferson Davis Hwy., Arlington, VA 22202. Fees
- accompanying objections shall be labeled "Tolerance Petition Fees'' and
- forwarded to: EPA Headquarters Accounting Operations Branch, OPP (Tolerance
- Fees), P.O. Box 360277M, Pittsburgh, PA 15251.
-
- FOR FURTHER INFORMATION CONTACT: By mail: Tina Levine, Registration Support
- Branch (7505W), Registration Division, Environmental Protection Agency, 401 M
- St., SW., Washington, DC 20460. Office location and telephone number: 2800
- Crystal Drive, North Tower, 6th Floor, Arlington, VA 22202, (703)-308-8393.
-
- SUPPLEMENTARY INFORMATION: In the Federal Register of March 30, 1994 (59 FR
- 14825), EPA issued a proposed rule that gave notice that Mitsui Plastics,
- Inc., 11 Martine Ave., White Plains, NY 10606, had submitted pesticide
- petition (PP) 3E4253 to EPA requesting that the Administrator, pursuant to
- section 408(e) of the Federal Food, Drug, and Cosmetic Act (FFDCA) (21 U.S.C.
- 346a(e)), propose to amend 40 CFR 180.1001(d) by establishing an exemption
- from the requirement of a tolerance for residues of vinyl alcohol-vinyl
- acetate-monomethyl maleate, sodium salt-maleic acid, disodium salt
- g-butyrolactone acetic acid, sodium salt copolymer when used as an inert
- ingredient (carrier) in pesticide formulations applied to growing crops only.
-
- There were no comments or requests for referral to an advisory committee
- received in response to the proposed rule.
-
- The data submitted on the proposal and other relevant material have been
- evaluated and discussed in the proposed rule. Based on the data and
- information considered, the Agency concludes that the tolerance exemption will
- protect the public health. Therefore, the tolerance exemption is established
- as set forth below.
-
- Any person adversely affected by this regulation may, within 30 days after
- publication of this document in the Federal Register, file written objections
- and/or request a hearing with the Hearing Clerk, at the address given above
- (40 CFR 178.20). A copy of the objections and/or hearing requests filed with
- the Hearing Clerk should be submitted to the OPP docket for this rulemaking.
- The objections submitted must specify the provisions of the regulation deemed
- objectionable and the grounds for the objections (40 CFR 178.25). Each
- objection must be accompanied by the fee prescribed by 40 CFR 180.33(i). If a
- hearing is requested, the objections must include a statement of the factual
- issue(s) on which a hearing is requested, the requestor's contentions on such
- issues, and a summary of any evidence relied upon by the objector (40 CFR
- 178.27). A request for a hearing will be granted if the Administrator
- determines that the material submitted shows the following: There is a genuine
- and substantial issue of fact; there is a reasonable possibility that
- available evidence identified by the requestor would, if established, resolve
- one or more of such issues in favor of the requestor, taking into account
- uncontested claims or facts to the contrary; and resolution of the factual
- issue(s) in the manner sought by the requestor would be adequate to justify
- the action requested (40 CFR 178.32).
-
- Under Executive Order 12866 (58 FR 51735, Oct. 4, 1993), the Agency must
- determine whether the regulatory action is "significant'' and therefore
- subject to review by the Office of Management and Budget (OMB) and the
- requirements of the Executive Order. Under section 3(f), the order defines a
- "significant regulatory action'' as an action that is likely to result in a
- rule (1) having an annual effect on the economy of $100 million or more, or
- adversely and materially affecting a sector of the economy, productivity,
- competition, jobs, the environment, public health or safety, or State, local,
- or tribal governments or communities (also referred to as "economically
- significant''); (2) creating serious inconsistency or otherwise interfering
- with an action taken or planned by another agency; (3) materially altering the
- budgetary impacts of entitlement, grants, user fees, or loan programs or the
- rights and obligations of recipients thereof; or (4) raising novel legal or
- policy issues arising out of legal mandates, the President's priorities, or
- the principles set forth in this Executive Order.
-
- Pursuant to the terms of the Executive Order, EPA has determined that this
- rule is not "significant'' and is therefore not subject to OMB review.
-
- Pursuant to the requirements of the Regulatory Flexibility Act (Pub. L.
- 96-354, 94 Stat. 1164, 5 U.S.C. 601-612), the Administrator has determined
- that regulations establishing new tolerances or raising tolerance levels or
- establishing exemptions from tolerance requirements do not have a significant
- economic impact on a substantial number of small entities. A certification
- statement to this effect was published in the Federal Register of May 4, 1981
- (46 FR 24950).
-
- List of Subjects in 40 CFR Part 180
-
- Environmental protection, Administrative practice and procedure, Agricultural
- commodities, Pesticides and pests, Reporting and recordkeeping requirements.
-
- Dated: May 16, 1994.
-
- Daniel M. Barolo,
-
- Acting Director, Office of Pesticide Programs.
-
- Therefore, 40 CFR part 180 is amended as follows:
-
- PART 180 [AMENDED]
-
- 1. The authority citation for part 180 continues to read as follows:
-
- Authority: 21 U.S.C. 346a and 371.
-
- 2. Section 180.1001(d) is amended in the table therein by adding and
- alphabetically inserting the inert ingredient, to read as follows:
-
- 180.1001 Exemptions from the requirement of a tolerance.
-
- * * * * *
-
- (d) * * *--
-
- c3,L2,tp0,s110,r65,r110
-
- [col head 1] Inert ingredients [col head 1] Limits [col head 1] Uses
-
- * * * * * * *
-
- Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-maleic acid,
- disodium salt-g-butyrolactone acetic acid, sodium salt copolymer, minimum
- number-average molecular weight 20,000.
-
- Carrier.
-
- * * * * * * *
-
- * * * * *
-
- [FR Doc. 94─12694 Filed 5─25─94; 8:45 am]
-
- BILLING CODE 6560─50─F
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