Rule2023-09090
Starch, 1-Octenylbutanedioate, Aluminum Salt; Dextrin, Hydrogen 1-Octenylbutanedioate; and Amylopectin, 2-Hydroxypropyl Ether, Acid-; Exemption From the Requirement of a Tolerance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 1, 2023
Effective
May 1, 2023
Issuing agencies
Environmental Protection Agency
Abstract
This regulation establishes exemptions from the requirement of a tolerance for residues of starch, 1-octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and amylopectin, 2- hydroxypropyl ether, acid- when used as inert ingredients (for seed treatment only) in pesticide formulations applied pre-harvest. Ingredion Incorporated submitted petitions to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of exemptions from the requirement of a tolerance. This regulation eliminates the need to establish maximum permissible levels for residues of starch, 1-octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- when used in accordance with the terms of the exemptions.
Full Text
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<title>Federal Register, Volume 88 Issue 83 (Monday, May 1, 2023)</title>
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[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Rules and Regulations]
[Pages 26498-26502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09090]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2021-0273, EPA-HQ-OPP-2022-0841 and EPA-HQ-OPP-2022-0844;
FRL-10877-01-OCSPP]
Starch, 1-Octenylbutanedioate, Aluminum Salt; Dextrin, Hydrogen
1-Octenylbutanedioate; and Amylopectin, 2-Hydroxypropyl Ether, Acid-;
Exemption From the Requirement of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes exemptions from the requirement of
a tolerance for residues of starch, 1-octenylbutanedioate, aluminum
salt; dextrin, hydrogen 1-octenylbutanedioate; and amylopectin, 2-
hydroxypropyl ether, acid- when used as inert ingredients (for seed
treatment only) in pesticide formulations applied pre-harvest.
Ingredion Incorporated submitted petitions to EPA under the Federal
Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of
exemptions from the requirement of a tolerance. This regulation
eliminates the need to establish maximum permissible levels for
residues of starch, 1-octenylbutanedioate, aluminum salt; dextrin,
hydrogen 1-octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether,
acid- when used in accordance with the terms of the exemptions.
DATES: This regulation is effective May 1, 2023. Objections and
requests for hearings must be received on or before June 30, 2023 and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The dockets for these actions, identified by docket
identification (ID) numbers EPA-HQ-OPP-2021-0273, EPA-HQ-OPP-2022-0841
and EPA-HQ-OPP-2022-0844, are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
or at the Office of Pesticide Programs Regulatory Public Docket (OPP
Docket) in the Environmental Protection Agency Docket Center (EPA/DC),
West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave.
NW, Washington, DC 20460-0001. The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room and the OPP
docket is (202) 566-1744. For the latest status information on EPA/DC
services, docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
<a href="/cdn-cgi/l/email-protection#64362022362a0b100d070117240114054a030b12"><span class="__cf_email__" data-cfemail="ce9c8a889c80a1baa7adabbd8eabbeafe0a9a1b8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
[[Page 26499]]
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of 40 CFR
part 180 through the Office of the Federal Register's e-CFR site at
<a href="https://www.ecfr.gov/current/title-40">https://www.ecfr.gov/current/title-40</a>.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID numbers EPA-HQ-OPP-2021-0273, EPA-HQ-OPP-2022-0841 and EPA-
HQ-OPP-2022-0844 in the subject line on the first page of your
submission. All objections and requests for a hearing must be in
writing and must be received by the Hearing Clerk on or before June 30,
2023. Addresses for mail and hand delivery of objections and hearing
requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID numbers EPA-HQ-OPP-2021-0273, EPA-HQ-
OPP-2022-0841 and EPA-HQ-OPP-2022-0844, by one of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
<bullet> Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
<bullet> Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at <a href="https://www.epa.gov/dockets/where-send-comments-epa-dockets">https://www.epa.gov/dockets/where-send-comments-epa-dockets</a>.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
II. Petitions for Exemption
In the Federal Register of June 1, 2021 (86 FR 29229) (FRL-10023-
95), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of pesticide petition PP IN-11458 by
Ingredion Incorporated, 5 Westbrook Corporate Center, Westchester, IL
60154. The petition requested that 40 CFR 180.920 be amended by
establishing an exemption from the requirement of a tolerance for
residues of starch, 1-octenylbutanedioate, aluminum salt (CAS Reg. No.
9087-61-0) when used as an inert ingredient in pesticide formulations
applied ``in or on raw agricultural commodities pre-harvest and as a
seed treatment.'' A summary of the petition prepared by Ingredion
Incorporated is available in the docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Ingredion Incorporated subsequently clarified that the word ``and''
should not have been included in the request and that they were
requesting an exemption under 40 CFR 180.920 for seed treatment use
only. Therefore, a use pattern limitation for seed treatment use is
being established for this exemption.
In the Federal Register of November 17, 2022 (87 FR 68959) (FRL-
9410-07-OCSPP), EPA issued documents pursuant to FFDCA section 408, 21
U.S.C. 346a, announcing the filing of pesticide petitions PP IN-11699
and PP IN-11715 by Ingredion Incorporated, 5 Westbrook Corporate
Center, Westchester, IL 60154. The petitions requested that 40 CFR
180.920 be amended by establishing exemptions from the requirement of a
tolerance for residues of dextrin, hydrogen 1-octenylbutanedioate (CAS
Reg. No. 68070-94-0) and amylopectin, 2-hydroxypropyl ether, acid- (CAS
Reg. No. 2756130-86-4) when used as inert ingredients (for seed
treatment only) in pesticide formulations applied pre-harvest.
Summaries of the petitions prepared by Ingredion Incorporated are
available in the dockets at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
There were no comments received in response to the notices of
filing.
III. Inert Ingredient Definition
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; propellants 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.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.
IV. Aggregate Risk Assessment and Determination of Safety
Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings but does not include
occupational exposure. When making a safety determination for an
exemption from the requirement of a tolerance, FFDCA section
408(c)(2)(B) directs EPA to account for the considerations in section
408(b)(2)(C) and (D). Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing an exemption and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .'' Section 408(b)(2)(D) lists other factors for EPA's
consideration in making safety determinations, e.g., the validity,
completeness, and reliability of available data, nature of toxic
effects, available information concerning the cumulative effects of the
pesticide chemical and other substances with a common mechanism of
toxicity, and available information concerning aggregate exposure
levels to the pesticide chemical and other related substances, among
other factors.
EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no harm to human health. In order
to determine the risks from aggregate exposure to pesticide inert
ingredients,
[[Page 26500]]
the Agency considers the toxicity of the inert in conjunction with
possible exposure to residues of the inert ingredient through food,
drinking water, and through other exposures that occur as a result of
pesticide use in residential settings. If EPA is able to determine that
a finite tolerance is not necessary to ensure that there is a
reasonable certainty that no harm will result from aggregate exposure
to the inert ingredient, an exemption from the requirement of a
tolerance may be established.
Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of these
actions. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for starch, 1-octenylbutanedioate,
aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and
amylopectin, 2-hydroxypropyl ether, acid-, including exposure resulting
from the exemptions established by this action. EPA's assessment of
exposures and risks associated with starch, 1-octenylbutanedioate,
aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and
amylopectin, 2-hydroxypropyl ether, acid- follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by starch, 1-octenylbutanedioate,
aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and
amylopectin, 2-hydroxypropyl ether, acid- as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies are discussed in this unit.
The toxicological database for starch, 1-octenylbutanedioate,
aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and
amylopectin, 2-hydroxypropyl ether, acid-, all of which are modified
starches, is supported by data regarding amylopectin, acid-hydrolyzed,
1-octenylbutanedioate (CAS Reg. No. 113894-85-2); amylopectin, hydrogen
1-octadecenylbutanedioate (CAS Reg. No. 125109-81-1); and 2-
hydroxypropyl starch (CAS Reg. No. 9049-76-7), which are three other
modified starches previously reviewed by the Agency. EPA has determined
that it is appropriate to bridge amylopectin, acid-hydrolyzed, 1-
octenylbutanedioate; amylopectin, hydrogen 1-octadecenylbutanedioate;
and 2-hydroxypropyl starch data to assess starch, 1-
octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-
octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- due
to similarities in the manufacturing processes, functional groups/
structure, composition, and physical/chemical properties of these
modified starches.
In acute studies, the oral lethal dose, LD<INF>50</INF> of the
modified starches was > 7,000 milligrams/kilogram (mg/kg). Various
modified starches were tested in repeat dose studies, and no toxicity
was observed at doses as high as 9,000 mg/kg/day. No fetal, parental,
or reproductive toxicity was seen in any of the multi-generational
reproduction toxicity studies at dietary levels up to 62% (i.e., 31,000
mg/kg/day).
B. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern to use in evaluating the risk posed by human exposure to the
pesticide. For hazards that have a threshold below which there is no
appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see <a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/overview-risk-assessment-pesticide-program</a>.
The hazard profile of these modified starches is adequately
defined. Overall, they show low acute, subchronic, and developmental
toxicity. No systemic toxicity is observed up to the limit dose of
1,000 mg/kg/day and as high as 31,000 mg/kg/day. Since signs of
toxicity were not observed, no toxicological endpoints of concern or
PODs were identified. Therefore, a qualitative risk assessment for
starch, 1-octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-
octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- can
be performed.
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to starch, 1-octenylbutanedioate, aluminum salt; dextrin,
hydrogen 1-octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether,
acid-, EPA considered exposure under the proposed exemptions from the
requirement of a tolerance and from existing uses. EPA assessed dietary
exposures from starch, 1-octenylbutanedioate, aluminum salt; dextrin,
hydrogen 1-octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether,
acid- in food as follows:
Modified food starches are approved (21 CFR 172.892) by the U.S.
Food and Drug Administration (FDA) as food additives and are used in a
wide range of food products. In addition, dietary (food and drinking
water) exposure is possible from the use of modified starches when used
as food use inert ingredients in pesticide products. However, a
quantitative dietary exposure assessment was not conducted since a
toxicological endpoint for risk assessment was not identified.
2. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables). Starch,
1-octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-
octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- are
not currently proposed for pesticide residential uses; however, future
uses may include uses in and around the home. Residential exposure is
also possible from the use of modified starches in non-pesticidal
products such as cosmetics. However, a quantitative residential
exposure assessment was not conducted since a toxicological
[[Page 26501]]
endpoint for risk assessment was not identified.
3. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.'' Based on the lack of
toxicity in the available database, EPA has not found starch, 1-
octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-
octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- to
share a common mechanism of toxicity with any other substances, and
these modified starches do not appear to produce a toxic metabolite
produced by other substances. For the purposes of these tolerance
exemptions, therefore, EPA has assumed that starch, 1-
octenylbutanedioate, aluminum salt; dextrin, hydrogen 1-
octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether, acid- do
not have a common mechanism of toxicity with other substances. For
information regarding EPA's efforts to determine which chemicals have a
common mechanism of toxicity and to evaluate the cumulative effects of
such chemicals, see EPA's website at <a href="https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides">https://www.epa.gov/pesticide-science-and-assessing-pesticide-risks/cumulative-assessment-risk-pesticides</a>.
D. Additional Safety Factor for the Protection of Infants and Children
Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an
additional tenfold (10X) margin of safety for infants and children in
the case of threshold effects to account for prenatal and postnatal
toxicity and the completeness of the database on toxicity and exposure
unless EPA determines based on reliable data that a different margin of
safety will be safe for infants and children. This additional margin of
safety is commonly referred to as the Food Quality Protection Act
safety factor. In applying this provision, EPA either retains the
default value of 10X, or uses a different additional safety factor when
reliable data available to EPA support the choice of a different
factor. Based on an assessment of starch, 1-octenylbutanedioate,
aluminum salt; dextrin, hydrogen 1-octenylbutanedioate; and
amylopectin, 2-hydroxypropyl ether, acid-, EPA has concluded that there
are no toxicological endpoints of concern for the U.S. population,
including infants and children. Because there are no threshold effects
associated with these chemicals, EPA conducted a qualitative
assessment. As part of that assessment, the Agency did not use safety
factors for assessing risk, and no additional safety factor is needed
for assessing risk to infants and children.
E. Aggregate Risks and Determination of Safety
Because no toxicological endpoints of concern were identified, EPA
concludes that there is a reasonable certainty that no harm will result
to the general population, or to infants and children, from aggregate
exposure to starch, 1-octenylbutanedioate, aluminum salt; dextrin,
hydrogen 1-octenylbutanedioate; and amylopectin, 2-hydroxypropyl ether,
acid- residues.
V. Analytical Enforcement Methodology
An analytical method is not required for enforcement purposes since
the Agency is establishing exemptions from the requirement of a
tolerance without any numerical limitation.
VI. Conclusions
Therefore, exemptions from the requirement of a tolerance are
established for residues of starch, 1-octenylbutanedioate, aluminum
salt (CAS Reg. No. 9087-61-0); dextrin, hydrogen 1-octenylbutanedioate
(CAS Reg. No. 68070-94-0); and amylopectin, 2-hydroxypropyl ether,
acid- (CAS Reg. No. 2756130-86-4) when used as inert ingredients (for
seed treatment only) in pesticide formulations applied pre-harvest
under 40 CFR 180.920.
VII. Statutory and Executive Order Reviews
This action establishes exemptions from the requirement of a
tolerance under FFDCA section 408(d) in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitled ``Regulatory Planning and Review'' (58 FR 51735,
October 4, 1993). Because this action has been exempted from review
under Executive Order 12866, this action is not subject to Executive
Order 13211, entitled ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) or Executive Order 13045, entitled ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997). This action does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA) (44 U.S.C. 3501 et seq.), nor does it require any special
considerations under Executive Order 12898, entitled ``Federal Actions
to Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the exemptions in
this final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
Tribal Governments, on the relationship between the National Government
and the States or Tribal Governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
[[Page 26502]]
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: April 25, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.920, amend table 1 to the section by adding, in
alphabetical order, entries for ``Amylopectin, 2-hydroxypropyl ether,
acid- (CAS Reg. No. 2756130-86-4)''; ``Dextrin, hydrogen 1-
octenylbutanedioate (CAS Reg. No. 68070-94-0)''; and ``Starch, 1-
octenylbutanedioate, aluminum salt (CAS Reg. No. 9087-61-0)'' to read
as follows:
Sec. 180.920 Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.
* * * * *
Table 1 to 180.920
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * * * *
Amylopectin, 2-hydroxypropyl For seed treatment Binder, carrier,
ether, acid- (CAS Reg. No. use only. film-former.
2756130-86-4).
* * * * * * *
Dextrin, hydrogen 1- For seed treatment Binder, carrier,
octenylbutanedioate (CAS Reg. use only. film-former.
No. 68070-94-0).
* * * * * * *
Starch, 1-octenylbutanedioate, For seed treatment Flow aid, flow
aluminum salt (CAS Reg. No. use only. enhancer, anti-
9087-61-0). caking agent
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 2023-09090 Filed 4-28-23; 8:45 am]
BILLING CODE 6560-50-P
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