# Safety Zone Regulation: Potomac River Swim, Potomac River, MD > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-7365 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** March 30, 1994 ## Text 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. ----------------------------------------------------------------------- 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 ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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.. * * * * * * * ------------------------------------------------------------------------ [FR Doc. 94-7371 Filed 3-29-94; 8:45 am] BILLING CODE 6560-50-F ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-7365. Public record. Not legal advice.