Safety Zone Regulation: Potomac River Swim, Potomac River, MD

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[COTP Baltimore 94-002]

Safety Zone Regulation: Potomac River Swim, Potomac River, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard Marine Safety Office Baltimore is considering

a proposal to establish a safety zone for the purpose of the ``Potomac

River Swim'' event to be held in the Potomac River, Maryland. The event

will consist of participants and support vessels crossing the Potomac

River from the Hull Neck area of Virginia to Point Lookout, Maryland.

This safety zone is necessary to control small craft and commercial

vessel traffic and to provide for the safety of life and property on

U.S. navigable waters during this event. Entry into this zone is

prohibited unless authorized by the Captain of the Port.

DATES: Comments must be received on or before April 29, 1994.

ADDRESSES: Comments should be mailed to U.S. Coast Guard Marine Safety

Office Baltimore, Customs House, 40 South Gay Street, Baltimore,

Maryland 21202-4022. The comments and other materials referenced in

this notice will be available for inspection and copying to the above

address in room 343. Normal office hours are between 7:30 a.m. and 4

p.m., Monday through Friday, except holidays. Comments may also be

hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:

Chief Warrant Officer Timothy P. Ryan, 401-962-2651.

SUPPLEMENTARY INFORMATION: Request for comments: In order to provide an

opportunity for notice and comment and still issue a final rule in time

for the event, the comment period for this rule is 30 days instead of

the normal 60 days. Interested persons are invited to participate in

this rulemaking by submitting written views, data and arguments.

Persons submitting comments should include their names and addresses,

identify this notice (COTP Baltimore 94-002) and the specific section

of the proposal to which their comments apply, as well as give reasons

for each comment. All comments received before the expiration of the

comment period will be considered before final action is taken on this

proposal. The proposed regulation may be changed in light of comments

received. No public hearing is planned, but one may be held if written

requests for a hearing are received and it is determined that the

opportunity to make oral presentations will aid the rulemaking process.

Drafting Information

The drafters of this regulation are Chief Warrant Officer Timothy

P. Ryan, project officer for the Captain of the Port, Baltimore,

Maryland and Lieutenant Monica Lombardi, project attorney Fifth Coast

Guard District Legal Staff.

Background and Purpose

On October 4, 1993, an application was received by U.S. Coast Guard

Group Baltimore from Potomac River Swim, Inc., requesting a safety zone

for the ``Potomac River Swim'' event held in the Potomac River,

Maryland, on May 21, 1994. In the event of bad weather, the alternate

event date will be May 22, 1994 and will encompass the same time frame.

As part of their application, Potomac River Swim Inc. requested the

Coast Guard provide control of spectator and commercial traffic during

the swimming event.

Discussion of Proposed Regulation

The ``Potomac River Swim'' event consists of a maximum of twelve

swimmers departing from the Hull Neck area of Virginia, located on the

southern shore of Potomac River, and crossing the river north, to Point

Lookout, Maryland. This safety zone will consist of all waters 100

yards on either side of a line drawn from the Hull Neck area of

Virginia, located at latitude 37 deg.57' North, longitude 076 deg.21'

West, thence across to Point Lookout, Maryland, located at latitude

38 deg.'02.3' North, longitude 76 deg.19.3 minutes West. This

regulation is necessary to ensure the safety of participants, spectator

craft and to provide for the safety of life and property on U.S.

navigable waters during the event. Since the main channel will not be

closed for an extended period, commercial traffic should not be

severely disrupted.

This regulation is issued under 33 U.S.C. 1231 as set out in the

authority citation for all of part 165.

Economic Assessment and Certification

This proposed regulation is not a significant regulatory action

under Executive Order 12806 and is not significant under Department of

Transportation regulatory policies and procedures (44 FR 11034;

February 26, 1979). The economic impact of this proposal is expected to

be minimal, therefore a full regulatory evaluation is unnecessary.

The Coast Guard also considered the impact of this regulation on

small entities and concluded that such impact is expected to be

minimal. Therefore the Coast Guard certifies under 5 U.S.C. 605(b),

that this regulation will not have a significant economic impact on a

substantial number of small entities.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Proposed Regulations

In consideration of the foregoing, the Coast Guard proposes to

amend subpart F of part 165, title 33, Code of Federal Regulations as

follows:

PART 165--[AMENDED]

1. The authority citation for part 165 continues to read as

follows:

Authority: 33 U.S.C. 1231: 50 U.S.C. 191; 33 CFR 1.05-(g), 6.04-

1, 6.04-6, and 160.5; 49 CFR 1.46.

2. A temporary Sec. 165.T51-003 is added to read as follows:

Sec. 165.T51-003 Safety Zone: Potomac River Swim, Potomac River,

Maryland.

(a) Location. The following safety zone consists of all waters 100

yards either side of a line connecting these points:

37 deg. 57.0' N, 076 deg. 21.0' W, thence to 38 deg. 02.3' N,

076 deg. 19.3' W.

(b) Definitions. The designated representative of the Captain of

the Port is any Coast Guard commissioned, warrant or petty officer who

has been authorized by the Captain of the Port, Baltimore, Maryland to

act on his behalf. The following officers have or will be designated by

the Captain of the Port: the Coast Guard Patrol Commander, the senior

boarding officer on each vessel enforcing the safety zone, and the Duty

Officer at the Marine Safety Office Baltimore, Maryland.

(c) General information. The Captain of the Port and the Duty

Officer at the Marine Safety Office, Baltimore, Maryland can be

contacted at telephone number (410) 962-5105. The Coast Guard Patrol

Commander and the senior boarding officer on each vessel enforcing the

safety zone can be contacted on VHF-FM channels 16 and 13.

(d) Local regulation. Except for persons or vessels authorized by

the Coast Guard Patrol Commander, no person or vessel may enter or

remain in the regulated area.

(1) The operator of any vessel in the immediate vicinity of this

safety zone shall:

(i) Stop the vessel immediately upon being directed to do so by any

commissioned, warrant, or petty officer on board a vessel displaying a

Coast Guard Ensign.

(ii) Proceed as directed by any commissioned, warrant, or petty

officer on board a vessel displaying a Coast Guard Ensign.

(e) Effective dates. This regulation is effective from 8:45 a.m.

May 21, 1994, to 3 p.m. May 21, 1994, with an alternate date of May 22,

1994 encompassing the same area description and time frame, unless

sooner terminated by the Captain of the Port, Baltimore, Maryland.

Dated: January 6, 1994.

C.S. Cope,

Captain, U.S. Coast Guard, Captain of the Port, Baltimore, Maryland.

[FR Doc. 94-7534 Filed 3-29-94; 8:45 am]

BILLING CODE 4910-14-M

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300330; FRL-4765-1]

RIN 2070-AC18

Methyl Vinyl Ether-Maleic Acid Copolymer and Methyl Vinyl Ether-

Maleic Acid Copolymer Calcium Sodium Salt; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that an exemption from the requirement

of a tolerance be established for residues of methyl vinyl ether-maleic

acid copolymer (CAS Reg. No. 25153-40-6) and methyl vinyl ether-maleic

acid copolymer calcium sodium salt (CAS Reg. No. 62386-95-2) when used

as inert ingredients (dispersant and seed-coating adhesive,

respectively) in pesticide formulations applied to growing crops, raw

agricultural commodities after harvest, or animals. This proposed

regulation was requested by International Specialty Products.

DATES: Comments, identified by the document control number [OPP-

300330], must be received on or before April 29, 1994.

ADDRESSES: By mail, submit written comments to: Public Response and

Program Resources Branch, Field Operation Division (7506C), Office of

Pesticide Programs, Environmental Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, deliver comments to: Rm. 1132, Crystal

Mall Bldg. #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.

Information submitted as a comment concerning this document may be

claimed confidential by marking any part of all that information as

``Confidential Business Information'' (CBI). Information so marked will

not be disclosed except in accordance with procedures set forth in 40

CFR part 2. A copy of the comment that does not contain CBI must be

submitted for inclusion in the public record. Information not marked

confidential will be included in the public docket by EPA without prior

notice. The public docked is available for public inspection in Rm.

1132 at the address given above, from 8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina E. Levine, Registration

Support Branch, Registration Division (7505W), Office of Pesticide

Programs, 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: International Specialty Products, 1361 Alps

Rd., Wayne, NJ 07470, submitted pesticide petitions (PPs) 3E4260 and

3E4261 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(c) and (e) by establishing

an exemption from the requirement of a tolerance for residues of methyl

vinyl ether-maleic acid copolymer (CAS Reg. No. 25153-40-6) (PP 3E4260)

and methyl vinyl ether-maleic acid copolymer calcium sodium salt (CAS

Reg. No. 62386-95-2) (PP 3E4261) when used as inert ingredients

(dispersant and seed-coating adhesive, respectively) in pesticide

formulations applied to growing crops, to raw agricultural commodities

after harvest, or to animals.

Inert ingredients are all ingredients that are not active

ingredients as defined in 40 CFR 153.125, and include, but are not

limited to, the following types of ingredients (except when they have a

pesticidal efficacy of their own): solvents such as alcohols and

hydrocarbons; surfactants such as polyoxyethylene polymers and fatty

acids; carriers such as clay and diatomaceous earth; thickeners such as

carrageenan and modified cellulose; wetting, spreading, and dispersing

agents; propellents in aerosol dispensers; microencapsulating agents;

and emulsifiers. The term ``inert'' is not intended to imply

nontoxicity; the ingredient may or may not be chemically active.

The data submitted in the petitions and other relevant material

have been evaluated. As part of the EPA policy statement on inert

ingredients published in the Federal Register of April 22, 1987 (52 FR

13305), the Agency set forth a list of studies which would generally be

used to evaluate the risks posed by the presence of an inert ingredient

in a pesticide formulation. However, where it can be determined without

that data that the inert ingredient will present minimal or no risk,

the Agency generally does not require some or all of the listed studies

to rule on the proposed tolerance or exemption from the requirement of

a tolerance for an inert ingredient. The Agency has decided that the

data normally required to support the proposed tolerance exemption for

methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-maleic

acid copolymer calcium sodium salt will not need to be submitted. The

rationale for this decision is described below.

In the case of certain chemical substances that are defined as

``polymers,'' the Agency has established a set of criteria which

identify categories of polymers that present low risk. These criteria

(described in 40 CFR 723.250) identify polymers that are relatively

unreactive and stable compared to other chemical substances as well as

polymers that typically are not readily absorbed. These properties

generally limit a polymer's ability to cause adverse effects. In

addition, these criteria exclude polymers about which little is known.

The Agency believes that polymers meeting the criteria noted above will

present minimal or no risk. Methyl vinyl ether-maleic acid copolymer

and methyl vinyl ether-maleic acid copolymer calcium sodium salt

conform to the definition of polymers given in 40 CFR 723.250(b)(11)

and meet the following criteria that are used to identify low-risk

polymers:

1. The minimum number-average molecular weight of methyl vinyl

ether-maleic acid copolymer is greater than 75,000. The minimum number-

average molecular weight of methyl vinyl ether-maleic acid copolymer

calcium sodium salt is greater than 900,000. Substances with molecular

weights greater than 400 generally are not absorbed through the intact

skin, and substances with molecular weights greater than 1,000

generally are not absorbed through the intact gastrointestinal (GI)

tract. Chemicals not absorbed through the skin or GI tract generally

are incapable of eliciting a toxic response.

2. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt are not cationic polymers,

nor are they reasonably anticipated to become cationic polymers in a

natural aquatic environment.

3. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt do not contain less than 32.0

percent by weight of the atomic element carbon.

4. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt contain as integral parts of

their composition the atomic elements carbon, hydrogen, nitrogen, and

oxygen.

5. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt do not contain as integral

parts of their composition, except as impurities, any elements other

than those listed in 40 CFR 723.250(d)(3)(ii).

6. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt are not biopolymers,

synthetic equivalents of biopolymers, or derivatives or modifications

of biopolymers that are substantially intact.

7. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt are not manufactured from

reactants containing, other than impurities, halogen atoms or cyano

groups.

8. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt do not contain reactive

functional groups that are intended or reasonably anticipated to

undergo further reaction.

9. Methyl vinyl ether-maleic acid copolymer and methyl vinyl ether-

maleic acid copolymer calcium sodium salt are not designed, nor are

they reasonably anticipated, to substantially degrade, decompose, or

depolymerize.

Based on the information above and review of its use, EPA has found

that, when used in accordance with good agricultural practice, these

ingredients are useful and a tolerance is not necessary to protect the

public health. Therefore, EPA proposes that the exemptions from the

requirement of a tolerance be established as set forth below.

Any person who has registered or submitted an application for

registration of a pesticide, under the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) as amended, that contains any of the

ingredients listed herein may request within 30 days after the

publication of this document in the Federal Register that this

rulemaking proposal be referred to an Advisory Committee in accordance

with section 408(e) of the FFDCA. Interested persons are invited to

submit written comments on the proposed regulation. Comments must bear

a notation indicating the document control number [OPP-300330]. All

written comments filed in response to this petition will be available

in the Public Response and Program Resources Branch, at the address

given above, from 8 a.m. to 4 p.m., Monday through Friday, except legal

holidays.

The Office of Management and Budget has exempted this rule from the

requirements of section 2 of Executive Order 12866.

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 an 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, Recording and

recordkeeping requirements.

Dated: March 18, 1994.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

Therefore, it is proposed that 40 CFR part 180 be 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(c) and (e) tables are amended by adding and

alphabetically inserting the inert ingredient, to read as follows:

Sec. 180.1001 Exemptions from the requirement of a tolerance.

* * * * *

(c) * * *

------------------------------------------------------------------------

Inert ingredients Limits Uses

------------------------------------------------------------------------

* * * * * * *

Methyl vinyl ether-maleic .................. Dispersant.

acid copolymer (CAS Reg.

No. 25153-40-6), minimum

number average molecular

weight 75,000..

* * * * * * *

------------------------------------------------------------------------

(e) * * *

------------------------------------------------------------------------

Inert ingredients Limits Uses

------------------------------------------------------------------------

* * * * * * *

Methyl vinyl ether-maleic .................. Seed-coating adhesive.

acid copolymer calcium

sodium salt (CAS Reg.

No. 62386-95-2), minimum

number average molecular

weight 900,000..

* * * * * * *

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[FR Doc. 94-7371 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300329; FRL-4764-9]

RIN 2070-AC18

12-Hydroxystearic Acid-Polyethylene Glycol Copolymer and Methyl

Methacrylate-Methacrylic Acid-Monomethoxypolyethylene Glycol

Methacrylate Copolymer; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This document proposes that an exemption from the requirement

of a tolerance be established for residues of 12-hydroxystearic acid-

polyethylene glycol copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer (CAS Reg. No.

70142-34-6) when used as inert ingredients (surfactants) in pesticide

formulations applied to growing crops or to raw agricultural

commodities after harvest. This proposed regulation was requested by

ICI Americas, Inc.

DATES: Comments, identified by the document control number [OPP-

300329], must be received on or before April 29, 1994.

ADDRESSES: By mail, submit written comments 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, deliver comments to: Rm. No. 1132,

Crystal Mall Bldg. #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.

Information submitted as a comment concerning this document may be

claimed confidential by marking any part of all that information as

``Confidential Business Information'' (CBI). Information so marked will

not be disclosed except in accordance with procedures set forth in 40

CFR part 2. A copy of the comment that does not contain CBI must be

submitted for inclusion in the public record. Information not marked

confidential will be included in the public docket by EPA without prior

notice. The public docked is available for public inspection in Rm.

1132 at the address given above, from 8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina E. Levine, Registration

Support Branch, Registration Division (7505W), Office of Pesticide

Programs, Environmental Protection Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone number: 2800 Crystal Drive,

North Tower, 6th Fl., Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: ICI Americas, Inc., Safety Health

Environmental Affairs Group, Wilmington, DE 19897, submitted pesticide

petitions (PPs) 3E4199 and 3E4202 to EPA requesting that the

Administrator, pursuant to section 408(e) of the Federal Food, Drug,

and Cosmetic Act, 21 U.S.C. 346(e), propose to amend 40 CFR 180.1001(c)

by establishing an exemption from the requirement of a tolerance for

residues of 12-hydroxystearic acid-polyethylene glycol copolymer (PP

3E4199) and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer (PP 3E4202) when

used as inert ingredients (surfactants) in pesticide formulations

applied to growing crops or to raw agricultural commodities after

harvest.

Inert ingredients are all ingredients that are not active

ingredients as defined in 40 CFR 153.125, and include, but are not

limited to, the following types of ingredients (except when they have a

pesticidal efficacy of their own): solvents such as alcohols and

hydrocarbons; surfactants such as polyoxyethylene polymers and fatty

acids; carriers such as clay and diatomaceous earth; thickeners such as

carrageenan and modified cellulous; wetting, spreading, and dispersing

agents; propellents in aerosol dispensers; microencapsulating agents;

and emulsifiers. The term ``inert'' is not intended to imply

nontoxicity; the ingredient may or may not be chemically active.

The data submitted in the petition and other relevant material have

been evaluated. As part of the EPA policy statement on inert

ingredients published in the Federal Register of April 22, 1987 (52 FR

13305), the Agency set forth a list of studies which would generally be

used to evaluate the risks posed by the presence of an inert ingredient

in a pesticide formulation. Where it can be determined that the inert

ingredient will present minimal or no risk, the Agency does not need

some or all of the listed studies to rule on the proposed tolerance or

exemption for an inert ingredient.

The Agency has decided that the data normally required to support

the proposed tolerance exemption for 12-hydroxystearic acid-

polyethylene glycol copolymer and methyl methacrylate-methacrylic acid

monomethoxypolyethylene glycol methacrylate copolymer will not need to

be submitted. The rationale for this decision is described below.

In the case of certain chemical substances that are defined as

``polymers,'' the Agency has established a set of criteria which

identify categories of polymers that present low risk. These criteria

(described in 40 CFR 723.250) identify polymers that are relatively

unreactive and stable compared to other chemical substances as well as

polymers that typically are not readily absorbed. These properties

generally limit a polymer's ability to cause adverse effects. In

addition, these criteria exclude polymers about which little is known.

The Agency believes that polymers meeting the criteria noted above will

present minimal or no risk. The polymers 12-hydroxystearic acid-

polyethylene glycol copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer conform to the

definition of polymers given in 40 CFR 723.250(b)(11) and meet the

following criteria that are used to identify low-risk polymers:

1. The minimum number-average molecular weight of 12-hydroxystearic

acid-polyethylene glycol copolymer is greater than 5,000 and of methyl

methacrylate-methacrylic acid-monomethoxypolyethylene glycol

methacrylate copolymer is greater than 18,000. Substances with

molecular weights greater than 400 generally are not absorbed through

the intact skin, and substances with molecular weights greater than

1,000 generally are not absorbed through the intact gastrointestinal

(GI) tract. Chemicals not absorbed through skin or GI tract generally

are incapable of eliciting a toxic response.

2. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer are not cationic

polymers, nor are they reasonably anticipated to become cationic

polymers in a natural aquatic environment.

3. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer do not contain

less than 32.0 percent by weight of the atomic element carbon.

4. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer contain as

integral parts of their composition the atomic elements carbon,

hydrogen, nitrogen, and oxygen.

5. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer do not contain as

integral parts of their composition, except as impurities, any elements

other than those listed in 40 CFR 723.250 (d)(3)(ii).

6. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer are not

biopolymers, synthetic equivalents of biopolymers, or derivatives or

modifications of biopolymers that are substantially intact.

7. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer are not

manufactured from reactants containing, other than impurities, halogen

atoms or cyano groups.

8. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer do not contain

reactive functional groups that are intended or reasonably anticipated

to undergo further reaction.

9. The polymers 12-hydroxystearic acid-polyethylene glycol

copolymer and methyl methacrylate-methacrylic acid-

monomethoxypolyethylene glycol methacrylate copolymer are not designed,

nor are they reasonably anticipated, to substantially degrade,

decompose, or depolymerize.

Based on the information above and review of its use, EPA has found

that, when used in accordance with good agricultural practice, these

ingredients are useful and tolerances are not necessary to protect the

public health. Therefore, EPA proposes that the exemption from the

requirement of a tolerance be established as set forth below.

Any person who has registered or submitted an application for

registration of a pesticide, under the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) as amended, that contains any of the

ingredients listed herein, may request within 30 days after the

publication of this document in the Federal Register that this

rulemaking proposal be referred to an Advisory Committee in accordance

with section 408(e) of the Federal Food, Drug, and Cosmetic Act.

Interested persons are invited to submit written comments on the

proposed regulation. Comments must bear a notation indicating the

document control number [OPP-300329]. All written comments filed in

response to this petition will be available inthe Public Response and

Program Resources Branch, at the address given above, from 8 a.m. to 4

p.m., Monday through Friday, except legal holidays.

The Office of Management and Budget has exempted this rule from the

requirements of section 2 of Executive Order 12866.

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 an 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, Recording and

recordkeeping requirements.

Dated: March 18, 1994.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

Therefore, it is proposed that 40 CFR part 180 be 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(c) is amended in the table therein by adding

and alphabetically inserting the inert ingredients, to read as follows:

Sec. 180.1001 Exemptions from the requirement of a tolerance.

* * * * *

(c) * * *

------------------------------------------------------------------------

Inert ingredients Limits Uses

------------------------------------------------------------------------

* * * * * * *

12-Hydroxystearic acid- .................. Surfactant.

polyethylene glycol

copolymer, minimum

number-average molecular

weight 5,000.

* * * * * * *

Methyl methacrylate- .................. Surfactant.

methacrylic acid-

monomethoxypolyethylene

glycol methacrylate

copolymer (CAS Reg. No.

70142-34-6), minimum

number average molecular

weight 18,000.

* * * * * * *

------------------------------------------------------------------------

* * * * *

[FR Doc. 94-7364 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[PP 3F4232/P580; FRL 4763-7]

RIN 2070-AC18

Pesticide Tolerances for Acetochlor

Agency: Environmental Protection Agency.

Action: Proposed rule.

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SUMMARY: This document proposes the establishment of tolerances for the

combined residues of the herbicide acetochlor (2-chloro-2`-methyl-6-

ethyl-N-ethoxymethyl acetanilide) and its metabolites containing the

ethyl methyl aniline (EMA) moiety and the hydroxyethyl methyl aniline

(HEMA) moiety, to be analyzed as acetochlor, and expressed as

acetochlor equivalents, in or on the raw agricultural commodities

(RACs) wheat grain at 0.02 part per million (ppm) and sorghum grain at

0.02 ppm. This proposed rule was requested by the Acetochlor

Registration Partnership and would establish the maximum level for

residues of the herbicide in or on the raw agricultural commodities.

DATES: Comments, identified by the document control number (PP 3F4232/

P580), must be recieved on or before April 29, 1994.

ADDRESSES: By mail, submit written comments 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 comments to: Rm. 1132, CM #2,

1921 Jefferson Davis Hwy., Arlington, VA 22202. Information submitted

as a comment concerning this document may be claimed confidential by

marking any part or all of that information as ``Confidential Business

Information'' (CBI). Information so marked will not be disclosed except

in accordance with procedures set forth in 40 CFR part 2. A copy of the

comment that does not contain CBI must be submitted for inclusion in

the public record. Information not marked confidential may be disclosed

pubicly by EPA without prior notice. All written comments will be

available for public inspection in Rm. 1132 at the address given above,

from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail, Robert J. Taylor, Product

Manager (PM) 25, Registration Division (H7505C), Office of Pesticide

Programs, Environmental Protection Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone number: Rm. 241, CM #2, 1921

Jefferson Davis Hwy., Arlington VA 22202, (703)-305-6800.

SUPPLEMENTARY INFORMATION: In the Federal Register of October 21, 1993

(58 FR 54354), the Agency issued a filing notice for pesticide petition

(PP) 3F4232. That notice and subsequent amendments are discussed in the

final rule adding 40 CFR 180.470 (bracketed heading PP 3F2966, 1F4011,

and 3F4232/R2046) published in the Federal Register of March 23, 1994.

In brief, PP 4F3242 was a revised request by the Acetochlor

Registration Partnership to establish tolerances under section 408 of

the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 346a, for the

herbicide acetochlor (2-chloro-2`-methyl-6-ethyl-N-

ethoxymethylacetanilide, hereinafter referred to as acetochlor) on

various raw agricultural commodities. Many of the requested tolerances

had been the subject of earlier petitions, and notice of filing

requests to establish those tolerances was published in the Federal

Register (see cites noted in the final rule document adding 40 CFR

180.170 appearing in the Federal Register of March 23, 1994). PP

3F4232, however, contained requests for tolerances for acetochlor on

two commodities, wheat grain and sorghum grain, which had not been the

subject of previous petitions and thus notice in the Federal Register

of these tolerance requests had also not been provided. This proposal

provides notice of those requests.

The data submitted in support of these tolerances and other

relevant material have been evaluated. The toxicological data and other

information considered in support of PP 3F4232 is discussed in the

final rule referring to PP 3F2966, 1F4011, 3F4232/R2046 appearing in

the Federal Register of March 23, 1994.

Based on the above information considered by the Agency, the

requested tolerances would protect the public health. Therefore, it is

proposed that the tolerances be established as set forth below.

Any person who has registered or submitted an application for

registration of a pesticide, under the the Fedral Insecticde,

Fungicide, and Rodenticide Act (FIFRA) as amended, which contains any

of the ingredients listed herein, may request within 30 days after

publication of this document in the Federal Register that this

rulemaking proposal be referred to an Advisory Committee in accordance

with section 408 (e) of the Federal Food, Drug, and Cosmetic Act.

Interested persons are invited to submit written comments on the

proposed regulation. Comments must bear a notation indicating the

document control number [PP 3F4232/P580]. All written comments filed in

response to this petition will be available in the Public Response and

Program Resources Branch, at the address given above from 8 a.m. to 4

p.m., Monday through Friday, except legal holidays.

The Office of Management and Budget has exempted this rule from the

requirements of section 3 of Executive Order 12866. Pursuant to the

requirements of the Regulatory Flexibility Act (Pub. L. 96-354, 94

Stat. 1164, 5 U.S.C. 601-612), the Adminstrator has determined that

regulations establishing new tolerances or food additive regulations or

establishing exemptions from tolerance requirements do not have a

significant economic impact on a substantial number of small entities.

A certificiation statement of 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, Pesticidies and pests, Reporting and

recordkeeping requirements.

Dated: March 11, 1994.

Douglas D. Campt,

Director, Office of Pesticide Programs.

Therefore, it is proposed that 40 CFR part 180 to be 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. In Sec. 180.470, by amending the table therein by adding and

alphabetically inserting the raw agricultural commodities wheat grain

and sorghum grain to read as follows.

Sec. 180.470 Acetochlor; tolerances for residues.

* * * * *

------------------------------------------------------------------------

Parts per

Commodity million

------------------------------------------------------------------------

*****

Sorghum grain.............................................. 0.02

*****

Wheat grain................................................ 0.02

------------------------------------------------------------------------

[FR Doc. 94-7094 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-300331; FRL-4766-2]

RIN NO. 2070-AC18

Vinyl Alcohol-Vinyl Acetate-Monomethyl Maleate, Sodium Salt-Maleic

Acid, Disodium Salt--Butyrolactone Acetic Acid, Sodium

Salt Copolymer; Tolerance Exemption

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes that an exemption from the requirement

of a tolerance be established for vinyl alcohol-vinyl acetate-

monomethyl maleate, sodium salt-maleic acid, disodium salt--

butyrolactone acetic acid, sodium salt copolymer when used as an inert

ingredient (carrier) in pesticide formulations applied to growing crops

only. This proposed regulation was requested by Mitsui Plastics, Inc.

DATES: Comments, identified by the document control number [OPP-

300331], must be received on or before April 29, 1994.

ADDRESSES: By mail, submit written comments 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, deliver to: Rm. 1132, Crystal Mall

Bldg. #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.

Information submitted as a comment concerning this document may be

claimed confidential by marking any part or all of that information as

``Confidential Business Information'' (CBI). Information so marked will

not be disclosed except in accordance with procedures set forth in 40

CFR part 2. A copy of the comment that does not contain CBI must be

submitted for inclusion in the public record. Information not marked

confidential will be included in the public docket by EPA without prior

notice. The public docket is available for public inspection in Rm.

1132 at the address given above, from 8 a.m. to 4 p.m., Monday through

Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Tina Levine, Registration

Support Branch, Registration Division (7505W), Office of Pesticide

Programs, Environmental Protection Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone number: 2800 Crystal Drive,

North Tower, 6th Fl., Arlington, VA 22202, (703)-308-8393.

SUPPLEMENTARY INFORMATION: Mitsui Plastics, Inc., 11 Martine Ave.,

White Plains, NY 10606, 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-

-butyrolactone acetic acid, sodium salt copolymer when used as

an inert ingredient (carrier) in pesticide formulations applied to

growing crops only.

Inert ingredients are all ingredients that are not active

ingredients as defined in 40 CFR 153.125, and include, but are not

limited to, the following types of ingredients (except when they have a

pesticidal efficacy of their own): solvents such as alcohols and

hydrocarbons; surfactants such as polyoxyethylene polymers and fatty

acids; carriers such as clay and diatomaceous earth; thickeners such as

carrageenan and modified cellulose; wetting, spreading, and dispersing

agents; propellents in aerosol dispensers; microencapsulating agents;

and emulsifiers. The term ``inert'' is not intended to imply

nontoxicity; the ingredient may or may not be chemically active. The

data submitted in the petition and other relevant material have been

evaluated.

As part of the EPA policy statement on inert ingredients published

in the Federal Register of April 22, 1987 (52 FR 13305), the Agency set

forth a list of studies which would generally be used to evaluate the

risks posed by the presence of an inert ingredient in a pesticide

formulation. However, where it can be determined without that data that

the inert ingredient will present minimal or no risk, the Agency

generally does not require some or all of the listed studies to rule on

the proposed tolerance or exemption from the requirement of a tolerance

for an inert ingredient. The Agency has decided that any data, in

addition to that described below, for vinyl alcohol-vinyl acetate-

monomethyl maleate, sodium salt-maleic acid, disodium salt--

butyrolactone acetic acid, sodium salt copolymer will not need to be

submitted. The rationale for this decision is described below.

In the case of certain chemical substances that are defined as

``polymers,'' the Agency has established a set of criteria which

identify categories of polymers that present low risk. These criteria

(described in 40 CFR 723.250) identify polymers that are relatively

unreactive and stable compared to other chemical substances as well as

polymers that typically are not readily absorbed. These properties

generally limit a polymer's ability to cause adverse effects. In

addition, these criteria exclude polymers about which little is known.

The Agency believes that polymers meeting the criteria noted above will

present minimal or no risk. Vinyl alcohol-vinyl acetate-monomethyl

maleate, sodium salt-maleic acid, disodium salt--butyrolactone

acetic acid, sodium salt copolymer conforms to the definition of a

polymer given in 40 CFR 723.250(b)(11) and meets the following criteria

that are used to identify low risk polymers:

1. The minimum number-average molecular weight of the vinyl

alcohol-vinyl acetate-monomethyl maleate, sodium salt-maleicacid,

disodium salt-- butyrolactone acetic acid, sodium salt

copolymer is greater than 20,000. Substances with molecular weights

greater than 400 generally are not absorbed through the intact skin,

and substances with molecular weights greater than 1,000 generally are

not absorbed through the intact gastrointestinal (GI) tract. Chemicals

not absorbed through the skin or GI tract generally are incapable of

eliciting a toxic response.

2. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer is not a cationic polymer nor is it reasonably

anticipated to become a cationic polymer in a natural aquatic

environment.

3. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer does not contain less than 32.0 percent by weight of the

atomic element carbon.

4. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer contains as an integral part of its composition the

atomic elements carbon, hydrogen, nitrogen, and oxygen.

5. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer 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)(3)(ii).

6. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer is not a biopolymer, a synthetic equivalent of a

biopolymer, or a derivative or a modification of a biopolymer that is

substantially intact.

7. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer is not manufactured from reactants containing, other

than impurities, halogen atoms or cyano groups.

8. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer does not contain a reactive functional group that is

intended, or reasonably expected, to undergo further reaction.

9. Vinyl alcohol-vinyl acetate-monomethyl maleate, sodium salt-

maleic acid, disodium salt--butyrolactone acetic acid, sodium

salt copolymer is not designed, nor is it reasonably anticipated, to

substantially degrade, decompose, or depolymerize.

Based on the information above and review of its use, EPA has found

that, when used in accordance with good agricultural practice, this

ingredient is useful and a tolerance is not necessary to protect the

public health. Therefore, EPA proposes that the exemption from the

requirement of a tolerance be established as set forth below.

Any person who has registered or submitted an application for

registration of a pesticide, under the Federal Insecticide, Fungicide,

and Rodenticide Act (FIFRA) as amended, that contains any of the

ingredients listed herein, may request within 30 days after the

publication of this document in the Federal Register that this

rulemaking proposal be referred to an Advisory Committee in accordance

with section 408(e) of the FFDCA. Interested persons are invited to

submit written comments on the proposed regulation. Comments must bear

a notation indicating the document control number [OPP-300331]. All

written comments filed in response to this petition will be available

in the Public Response and Program Resources Branch, at the address

given above, from 8 a.m. to 4 p.m. Monday through Friday, except legal

holidays.

The Office of Management and Budget has exempted this rule from the

requirements of section 2 of Executive Order 12866. 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 an

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, Recording and

recordkeeping requirements.

Dated: March 18, 1994.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

Therefore, it is proposed that 40 CFR part 180 be 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:

Sec. 180.1001 Exemptions from the requirements of a tolerance.

* * * * *

(d) * * *

------------------------------------------------------------------------

Inert ingredients Limits Uses

------------------------------------------------------------------------

* * * * * * *

Vinyl alcohol-vinyl .................. Carrier.

acetate-monomethyl

maleate, sodium salt-

maleic acid, disodium

salt--

butyrolactone acetic

acid, sodium salt

copolymer, minimum

number-average molecular

weight 20,000.

* * * * * * *

------------------------------------------------------------------------

* * * * *

[FR Doc. 94-7365 Filed 3-29-94; 8:45 am]

BILLING CODE 6560-50-F