Inert ingredients; Revocation of Pesticide Tolerance Exemptions for Three CFC Chemicals, 44492-44496 [05-15334]
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44492
Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
economic impact on a substantial
number of small entities. This analysis
was published on December 17, 1997
(62 FR 66020), and was provided to the
Chief Counsel for Advocacy of the Small
Business Administration. Taking into
account this analysis, and available
information concerning the pesticides
listed in this rule, the Agency hereby
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities.
Specifically, as per the 1997 notice, EPA
has reviewed its available data on
imports and foreign pesticide usage and
concludes that there is a reasonable
international supply of food not treated
with canceled pesticides. Furthermore,
for the pesticides named in this final
rule, the Agency knows of no
extraordinary circumstances that exist
as to the present revocations that would
change EPA’s previous analysis. In
addition, the Agency has determined
that this action will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
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implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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 this final
rule in the Federal Register. This final
rule 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,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 25, 2005.
James Jones,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
§ 180.153
[Amended]
2. In § 180.153 is amended by
removing the entries for coffee bean and
dandelion, leaves from the table under
paragraph (a)(1).
I
§ 180.169
[Amended]
3. In § 180.169 is amended by
removing the entries for bean, forage;
bean, hay; and flax, straw from the table
under paragraph (a)(1) and the entry for
I
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pineapple bran from the table under
paragraph (a)(4).
§ 180.183
[Amended]
4. In § 180.183 is amended by
removing the entry for hop, dried cones
from the table under paragraph (a).
I
§ 180.249
[Amended]
5. In § 180.249 is amended by
removing the entries for peanut, forage;
peanut, hay; soybean, forage; and
soybean, hay from the table under the
paragraph.
I
§ 180.380
[Amended]
6. In § 180.380 is amended by
removing the entries for onion, dry bulb
and raspberry from the table under
paragraph (a).
I
§ 180.409
[Amended]
7. In § 180.409 is amended by
removing the entry for kiwifruit from the
table under paragraph (a)(1), removing
paragraph (a)(2) and redesignating
paragraph (a)(1) as (a).
I
[FR Doc. 05–15335 Filed 8–2–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[OPP–2005–0068; FRL–7728–5]
Inert ingredients; Revocation of
Pesticide Tolerance Exemptions for
Three CFC Chemicals
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is revoking exemptions
from the requirement of a tolerance for
three inert ingredients
(dichlorodifluoromethane,
dichlorotetrafluoroethane, and
trichlorofluoromethane) because these
substances no longer have active
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) pesticide
product registrations and/or because
their use in pesticide products sold in
the United States (U.S.) has been
prohibited under the Clean Air Act
(CAA) for over a decade due to EPA’s
ban on the sale or distribution, or offer
for sale or distribution in interstate
commerce of certain nonessential
products that contain or are
manufactured with ozone depleting
compounds. The regulatory actions in
this document contribute toward the
Agency’s tolerance reassessment
requirements of the Federal Food, Drug,
and Cosmetic Act (FFDCA) section
408(q), as amended by the Food Quality
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Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
Protection Act (FQPA) of 1996. By law,
EPA is required by August 2006 to
reassess the tolerances in existence on
August 2, 1996. The regulatory actions
in this document pertain to the
revocation of five tolerance exemptions
of which five count as tolerance
reassessments toward the August, 2006
review deadline.
DATES: This regulation is effective
August 3, 2005. Objections and requests
for hearings must be received on or
before October 3, 2005.
ADDRESSES: To submit a written
objection or hearing request follow the
detailed instructions as provided in
Unit IV. of the SUPPLEMENTARY
INFORMATION. EPA has established a
docket for this action under Docket
identification (ID) number OPP–2005–
0068. All documents in the docket are
listed in the EDOCKET index at http:/
/www.epa.gov/edocket. Although listed
in the index, some information is not
publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in EDOCKET or in hard
copy at the Public Information and
Records Integrity Branch (PIRIB), Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA. This docket facility is
open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The docket telephone number
is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Karen Angulo, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 306–0404; e-mail address:
angulo.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111)
• Animal production (NAICS code
112)
• Food manufacturing (NAICS code
311)
• Pesticide manufacturing (NAICS
code 32532)
This listing is not intended to be
exhaustive, but rather provides a guide
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for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Access Electronic Copies
of this Document and Other Related
Information?
In addition to using EDOCKET
(https://www.epa.gov/edocket/), you may
access this Federal Register document
electronically through the EPA Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr/. A
frequently updated electronic version of
40 CFR part 180 is available at E-CFR
Beta Site Two at https://
www.gpoaccess.gov/ecfr/.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of April 27,
2005 (70 FR 21713) (FRL–7709–1), EPA
issued a proposed rule to revoke five
tolerance exemptions for residues of
dichlorodifluoromethane,
dichlorotetrafluoroethane, and
trichlorofluoromethane because those
substances are either no longer
contained in pesticide products and/or
because their use in pesticide products
sold in the U.S. has been prohibited for
over a decade due to EPA’s ban on the
sale or distribution, or offer for sale or
distribution in interstate commerce of
certain nonessential products that
contain or are manufactured with ozone
depleting compounds. EPA believes this
rationale also extends to ingredients
whose use in pesticide products is
prohibited as a result of EPA’s 1994 ban,
under the CAA, on certain non-essential
aerosol and pressurized products
containing ozone depleting compounds
(see 40 CFR part 82, subpart C). Also the
proposal of April 27, 2005 (70 FR
21713) provided a 60–day comment
period that invited public comment for
consideration and for support of
tolerance exemption retention under the
FFDCA standards.
In this final rule, EPA is revoking five
tolerance exemptions for residues of
dichlorodifluoromethane,
dichlorotetrafluoroethane, and
trichlorofluoromethane because these
specific tolerance exemptions
correspond to uses no longer current or
registered under FIFRA in the United
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States. The tolerance exemptions
revoked by this final rule are no longer
necessary to cover residues of the
relevant pesticide chemicals in or on
domestically treated commodities or
commodities treated outside but
imported into the United States. It is
EPA’s general practice to revoke those
tolerances and tolerance exemptions for
residues of pesticide chemicals on crop
uses for which there are no active
registrations under FIFRA, unless any
person commenting on the proposal
indicates a need for the tolerance or
tolerance exemption to cover residues in
or on imported commodities or
domestic commodities legally treated.
EPA has historically been concerned
that retention of tolerances and
tolerance exemptions that are not
necessary to cover residues in or on
legally treated foods may encourage
misuse of pesticides within the United
States. Thus, it is EPA’s policy to issue
a final rule revoking those tolerances
and tolerance exemptions for residues of
pesticide chemicals for which there are
no active registrations or uses under
FIFRA, unless any person commenting
on the proposal demonstrates a need for
the tolerance to cover residues in or on
imported commodities or domestic
commodities legally treated.
Generally, EPA will proceed with the
revocation of these tolerances and
tolerance exemptions on the grounds
discussed in Unit II.A. if one of the
following conditions applies:
1. Prior to EPA’s issuance of a section
408(f) order requesting additional data
or issuance of a section 408(d) or (e)
order revoking the tolerances or
tolerance exemptions on other grounds,
commenters retract the comment
identifying a need for the tolerance to be
retained.
2. EPA independently verifies that the
tolerance or tolerance exemption is no
longer needed.
3. The tolerance or tolerance
exemption is not supported by data that
demonstrate that the tolerance or
tolerance exemption meets the
requirements under FQPA.
EPA received one comment on the
proposal to revoke these tolerance
exemptions, and the commenter
supported this revocation action.
Therefore, for the reasons stated
herein and in the proposed rule, EPA is
revoking the exemptions from the
requirement of a tolerance in 40 CFR
180.910 for residues of
dichlorodifluoromethane,
dichlorotetrafluoroethane, and
trichlorofluoromethane, and in 40 CFR
180.930 for residues of
dichlorodifluoromethane and
trichlorofluoromethane.
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Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
B. What is the Agency’s Authority for
Taking this Action?
This final rule is issued pursuant to
section 408(d) of FFDCA (21 U.S.C.
346a(d)). Section 408 of FFDCA
authorizes the establishment of
tolerances, exemptions from the
requirement of a tolerance,
modifications in tolerances, and
revocation of tolerances for residues of
pesticide chemicals in or on raw
agricultural commodities and processed
foods. Without a tolerance or tolerance
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under section
402(a) of the FFDCA. If food containing
pesticide residues is found to be
adulterated, the food may not be
distributed in interstate commerce (21
U.S.C. 331(a) and 342 (a)).
EPA’s general practice is to revoke
tolerances and tolerance exemptions for
residues of pesticide chemicals on crops
for which FIFRA registrations no longer
exist and on which the pesticide may
therefore no longer be used in the
United States. EPA has historically been
concerned that retention of tolerances
and tolerance exemptions that are not
necessary to cover residues in or on
legally treated foods may encourage
misuse of pesticides within the United
States. Nonetheless, EPA will establish
and maintain tolerances and tolerance
exemptions even when corresponding
domestic uses are canceled if the
tolerances, which EPA refers to as
‘‘import tolerances,’’ are necessary to
allow importation into the United States
of food containing such pesticide
residues. However, where there are no
imported commodities that require
these import tolerances, the Agency
believes it is appropriate to revoke
tolerances and tolerance exemptions for
unregistered pesticide chemicals in
order to prevent potential misuse.
C. When Do These Actions Become
Effective?
These actions become effective on the
date of publication of this final rule in
the Federal Register. Any commodities
listed in the regulatory text of this
document that are treated with the
pesticide chemicals subject to this final
rule, and that are in the channels of
trade following the tolerance exemption
revocations, shall be subject to FFDCA
section 408(1)(5), as established by the
FQPA. Under this section, any residues
of these pesticide chemicals in or on
such food shall not render the food
adulterated so long as it is shown to the
satisfaction of the Food and Drug
Administration that: (1) The residue is
present as the result of an application or
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use of the pesticide chemical at a time
and in a manner that was lawful under
FIFRA, and (2) the residue does not
exceed the level that was authorized at
the time of the application or use to be
present on the food under an exemption
from tolerance. Evidence to show that
food was lawfully treated may include
records that verify the dates that the
pesticide chemical was applied to such
food.
III. Are There Any International Trade
Issues Raised by this Final Action?
EPA is working to ensure that the U.S.
tolerance reassessment program under
FQPA does not disrupt international
trade. EPA considers Codex Maximum
Residue Limits (MRLs) in setting U.S.
tolerances and in reassessing them.
MRLs are established by the Codex
Committee on Pesticide Residues, a
committee within the Codex
Alimentarius Commission, an
international organization formed to
promote the coordination of
international food standards. When
possible, EPA seeks to harmonize U.S.
tolerances with Codex MRLs. EPA may
establish a tolerance that is different
from a Codex MRL; however, FFDCA
section 408(b)(4) requires that EPA
explain in a Federal Register document
the reasons for departing from the
Codex level. EPA’s effort to harmonize
with Codex MRLs is summarized in the
tolerance reassessment section of
individual Reregistration Eligibility
Decision Documents (REDs). The EPA
has developed guidance concerning
submissions for import tolerance
support (65 FR 35069, June 1, 2000)
(FRL–6559–3). This guidance will be
made available to interested persons.
Electronic copies are available on the
internet at https://www.epa.gov/. On the
Home Page select ‘‘Laws and
Regulations,’’ then select ‘‘Regulations
and Proposed Rules’’ and then look up
the entry for this document under
‘‘Federal Register—Environmental
Documents.’’ You can also go directly to
the ‘‘Federal Register’’ listings at http:/
/www.epa.gov/fedrgstr/.
IV. Objections and Hearing Requests
Under section 408(g) of FFDCA, as
amended by FQPA, any person may file
an objection to any aspect of this
regulation and may also request a
hearing on those objections. The EPA
procedural regulations which govern the
submission of objections and requests
for hearings appear in 40 CFR part 178.
Although the procedures in those
regulations require some modification to
reflect the amendments made to FFDCA
by FQPA, EPA will continue to use
those procedures, with appropriate
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adjustments, until the necessary
modifications can be made. The new
section 408(g) of FFDCA provides
essentially the same process for persons
to ’’object’’ to a regulation for an
exemption from the requirement of a
tolerance issued by EPA under new
section 408(d) of FFDCA, as was
provided in the old sections 408 and
409 of FFDCA. However, the period for
filing objections is now 60 days, rather
than 30 days.
A. What Do I Need to Do to File an
Objection or Request a Hearing?
You must file your objection or
request a hearing on this regulation in
accordance with the instructions
provided in this unit and in 40 CFR part
178. To ensure proper receipt by EPA,
you must identify docket ID number
OPP–2005–0068 in the subject line on
the first page of your submission. All
requests must be in writing, and must be
mailed or delivered to the Hearing Clerk
on or before October 3, 2005.
1. Filing the request. Your objection
must specify the specific provisions in
the regulation that you object to, and the
grounds for the objections (40 CFR
178.25). If a hearing is requested, the
objections must include a statement of
the factual issues(s) on which a hearing
is requested, the requestor’s contentions
on such issues, and a summary of any
evidence relied upon by the objector (40
CFR 178.27). Information submitted in
connection with an objection or hearing
request may be claimed confidential by
marking any part or all of that
information as CBI. Information so
marked will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2. A copy of the
information that does not contain CBI
must be submitted for inclusion in the
public record. Information not marked
confidential may be disclosed publicly
by EPA without prior notice.
Mail your written request to: Office of
the Hearing Clerk (1900L),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001. You may also deliver
your request to the Office of the Hearing
Clerk in Suite 350, 1099 14th St., NW.,
Washington, DC 20005. The Office of
the Hearing Clerk is open from 8 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Office of the Hearing
Clerk is (202) 564–6255.
2. Copies for the Docket. In addition
to filing an objection or hearing request
with the Hearing Clerk as described in
Unit IV.A.1., you should also send a
copy of your request to the PIRIB for its
inclusion in the official record that is
described in ADDRESSES. Mail your
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copies, identified by docket ID number
OPP–2005–0068, to: Public Information
and Records Integrity Branch,
Information Resources and Services
Division (7502C), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001. In person
or by courier, bring a copy to the
location of the PIRIB described in
ADDRESSES. You may also send an
electronic copy of your request via email to: opp-docket@epa.gov. Please use
an ASCII file format and avoid the use
of special characters and any form of
encryption. Copies of electronic
objections and hearing requests will also
be accepted on disks in WordPerfect
6.1/8.0 or ASCII file format. Do not
include any CBI in your electronic copy.
You may also submit an electronic copy
of your request at many Federal
Depository Libraries.
B. When Will the Agency Grant a
Request for a Hearing?
A request for a hearing will be granted
if the Administrator determines that the
material submitted shows the following:
There is a genuine and substantial issue
of fact; there is a reasonable possibility
that available evidence identified by the
requestor would, if established resolve
one or more of such issues in favor of
the requestor, taking into account
uncontested claims or facts to the
contrary; and resolution of the factual
issues(s) in the manner sought by the
requestor would be adequate to justify
the action requested (40 CFR 178.32).
V. Statutory and Executive Order
Reviews
In this final rule, EPA revokes specific
tolerance exemptions established under
FFDCA section 408. EPA establishes
tolerances under FFDCA section 408(e),
and also modifies and revokes specific
tolerances established under FFDCA
section 408. The Office of Management
and Budget (OMB) has exempted this
type of action (i.e., a tolerance
revocation for which extraordinary
circumstances do not exist) from review
under Executive Order 12866, entitled
Regulatory Planning and Review (58 FR
51735, October 4, 1993). Because this
rule has been exempted from review
under Executive Order 12866 due to its
lack of significance, this rule is not
subject to Executive Order 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., or impose any
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enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public
Law 104–4). Nor does it require any
special considerations as required by
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994); or OMB review or
any other Agency action under
Executive Order 13045, entitled
Protection of Children from
Environmental Health Risks and Safety
Risks(62 FR 19885, April 23, 1997). This
action does not involve any technical
standards that would require Agency
consideration of voluntary consensus
standards pursuant to section 12(d) of
the National Technology Transfer and
Advancement Act of 1995 (NTTAA),
Public Law 104–13, section 12(d) (15
U.S.C. 272 note). Pursuant to the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Agency
previously assessed whether revocations
of exemptions from tolerances might
significantly impact a substantial
number of small entities and concluded
that, as a general matter, these actions
do not impose a significant economic
impact on a substantial number of small
entities. This analysis was published on
December 17, 1997 (62 FR 66020), and
was provided to the Chief Counsel for
Advocacy of the Small Business
Administration. Taking into account
this analysis, and available information
concerning the pesticide chemicals
listed in this rule, the Agency hereby
certifies that this final rule will not have
a significant economic impact on a
substantial number of small entities.
Specifically, as per the 1997 notice, EPA
has reviewed its available data on
imports and foreign pesticide usage and
concludes that there is a reasonable
international supply of food not treated
with canceled pesticides. Furthermore,
for the pesticide chemicals named in
this final rule, the Agency knows of no
extraordinary circumstances that exist
as to the present revocations that would
change EPA’s previous analysis. In
addition, the Agency has determined
that this action will not have a
substantial direct effect on States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
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44495
by State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This final rule
directly regulates growers, food
processors, food handlers and food
retailers, not States. This action does not
alter the relationships or distribution of
power and responsibilities established
by Congress in the preemption
provisions of section 408(n)(4) of
FFDCA. For these same reasons, the
Agency has determined that this rule
does not have any ‘‘tribal implications’’
as described in Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 6, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
rule will not have substantial direct
effects on tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this rule.
VI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. 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 this final
rule in the Federal Register. This final
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44496
Federal Register / Vol. 70, No. 148 / Wednesday, August 3, 2005 / Rules and Regulations
rule 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,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 27, 2005.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
Authority: 21 U.S.C. 321(q), 346a and 371.
§ 180.910
[Amended]
2. Section 180.910 is amended by
removing the following exemptions and
any associated Limits and Uses from the
table: Dichlorodifluoromethane,
Dichlorotetrafluoroethane, and
Trichlorofluoromethane.
I
§ 180.930
[Amended]
3. Section 180.930 is amended by
removing the following exemptions and
any associated Limits and Uses from the
table: Dichlorodifluoromethane and
Trichlorofluoromethane.
I
[FR Doc. 05–15334 Filed 8–2–05; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
[SW–FRL–7946–8]
Hazardous Waste Management
System; Final Exclusion for
Identification and Listing Hazardous
Waste
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency is finalizing its proposed action
to grant a petition submitted by the
United States Department of Energy,
Richland Operations Office (Energy) to
exclude (or ‘delist’) from regulation as
listed hazardous waste certain mixed
waste (‘petitioned waste’) following
treatment at the 200 Area Effluent
Treatment Site (200 Area ETF) on the
Hanford Facility, Richland, Washington.
This action conditionally grants the
exclusion based on an evaluation of
VerDate jul<14>2003
15:20 Aug 02, 2005
Jkt 205001
waste stream-specific and treatment
process information provided by
Energy. Wastes meeting the conditions
of this exclusion are exempt from the
requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA)
of 1976 as amended. In finalizing this
action, EPA has concluded that Energy’s
petitioned waste does not meet any of
the criteria under which the wastes
were originally listed, and that there is
no reasonable basis to believe other
factors exist which could cause the
waste to be hazardous.
DATES: This final rule is effective on
September 2, 2005.
ADDRESSES: The RCRA regulatory
docket for this final rule is maintained
by EPA, Region 10. You may examine
docket materials at the EPA Region 10
library, 1200 6th Avenue, Seattle, WA
98101, (206) 553–1289, during the hours
from 9 a.m. to 4 p.m., Monday through
Friday, excluding Federal holidays.
Copies of key docket documents are
available for review at the following
Hanford Site Public Information
Repository locations:
University of Washington, Suzzallo
Library, Government Publications
Division, Box 352900, Seattle, WA
98195–2900. (206) 543–4664. Contact:
Eleanor Chase,
echase@u.washington.edu, (206) 543–
4664.
Gonzaga University, Foley Center, East
502 Boone, Spokane, WA 99258–
0001. (509) 323–5806. Contact:
Connie Scarppelli,
carter@its.gonzaga.edu.
Portland State University, Branford
Price Millar Library, 934 SW
Harrison, Portland, OR 97207–1151.
(503) 725–3690. Contact: Michael
Bowman, bowman@lib.pdx.edu.
U.S. DOE Public Reading Room,
Washington State University-TC, CIC
Room 101L, 2770 University Drive,
Richland, WA 99352. (509) 372–7443.
Contact: Janice Parthree,
reading_room@pnl.gov.
Copies of material in the regulatory
docket can be obtained by contacting
the Hanford Site Administrative Record
via mail, phone, fax, or e-mail:
Address: Hanford Site Administrative
Record, PO Box 1000, MSIN H6–08,
2440 Stevens Center Place, Richland,
WA 99352. (509) 376–2530. E-mail:
Debra_A_Debbie_Isom@rl.gov.
The docket contains the petition, and
all information used by EPA to evaluate
the petition including public comments
received by EPA and comment
responses.
FOR FURTHER INFORMATION CONTACT: For
information concerning this document,
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
contact Dave Bartus, Office of Air,
Waste and Toxics (OAWT), EPA, Region
10, 1200 6th Avenue, MS AWT–127,
Seattle, WA 98101, telephone (206)
553–2804, or via e-mail at
bartus.dave@epa.gov.
SUPPLEMENTARY INFORMATION: The
information in this section is organized
as follows:
I. Overview Information
A. What Rule is EPA Finalizing?
B. Why is EPA Finalizing the Proposed
Exclusion?
C. What Are the Limits of This Exclusion?
D. When Is the Final Rule Effective
II. Background
A. What is a Delisting Petition?
B. What Regulations Allow Wastes to be
Delisted?
C. What Information Must the Generator
Supply for a Delisting Petition?
D. How Will This Action Affect States?
III. EPA’s Evaluation of the Waste
Information for 200 Area ETF Treated
Effluent
What waste did Energy petition EPA to
delist?
IV. Public Comments Received on the
Proposed Rule
A. Department of Energy Comments
B. Individual Commenter
V. Statutory and Executive Order Reviews
A. Executive Order 12866
B. Paperwork Reduction Act
C. Regulatory Flexibility
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Use
I. National Technology Transfer and
Advancement Act
J. Executive Order 12898: Federal Actions
to Address Environmental Justice in
Minority Populations and Low Income
Populations
K. Congressional Review Act
I. Overview Information
A. What Rule Is EPA Finalizing?
After evaluating Energy’s petition and
supplemental information provided by
Energy, EPA proposed on July 15, 2004
(69 FR 42395), to exclude the petitioned
mixed 1 wastes managed or generated by
the 200 Area ETF on the Hanford
Facility in Richland, Washington. The
action relates to treated liquid effluents
1 Mixed waste is defined as waste that contains
both hazardous waste subject to the requirements of
Resource Conservation and Recovery Act (RCRA) of
1976 as amended, and source, special nuclear, or
by-product material subject to the requirements of
the Atomic Energy Act (AEA) (see 42 United States
Code (U.S.C.) 6903 (41), added by the Federal
Facility Compliance Act (FFCA) of 1992).
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]]>Agencies
[Federal Register Volume 70, Number 148 (Wednesday, August 3, 2005)]
[Rules and Regulations]
[Pages 44492-44496]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15334]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2005-0068; FRL-7728-5]
Inert ingredients; Revocation of Pesticide Tolerance Exemptions
for Three CFC Chemicals
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revoking exemptions from the requirement of a tolerance
for three inert ingredients (dichlorodifluoromethane,
dichlorotetrafluoroethane, and trichlorofluoromethane) because these
substances no longer have active Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) pesticide product registrations and/or because
their use in pesticide products sold in the United States (U.S.) has
been prohibited under the Clean Air Act (CAA) for over a decade due to
EPA's ban on the sale or distribution, or offer for sale or
distribution in interstate commerce of certain nonessential products
that contain or are manufactured with ozone depleting compounds. The
regulatory actions in this document contribute toward the Agency's
tolerance reassessment requirements of the Federal Food, Drug, and
Cosmetic Act (FFDCA) section 408(q), as amended by the Food Quality
[[Page 44493]]
Protection Act (FQPA) of 1996. By law, EPA is required by August 2006
to reassess the tolerances in existence on August 2, 1996. The
regulatory actions in this document pertain to the revocation of five
tolerance exemptions of which five count as tolerance reassessments
toward the August, 2006 review deadline.
DATES: This regulation is effective August 3, 2005. Objections and
requests for hearings must be received on or before October 3, 2005.
ADDRESSES: To submit a written objection or hearing request follow the
detailed instructions as provided in Unit IV. of the SUPPLEMENTARY
INFORMATION. EPA has established a docket for this action under Docket
identification (ID) number OPP-2005-0068. All documents in the docket
are listed in the EDOCKET index at https://www.epa.gov/edocket. Although
listed in the index, some information is not publicly available, i.e.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in EDOCKET or in hard copy at the Public Information and Records
Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 1801 S.
Bell St., Arlington, VA. This docket facility is open from 8:30 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Karen Angulo, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 306-0404; e-mail address: angulo.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
Crop production (NAICS code 111)
Animal production (NAICS code 112)
Food manufacturing (NAICS code 311)
Pesticide manufacturing (NAICS code 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using EDOCKET (https://www.epa.gov/edocket/), you may
access this Federal Register document electronically through the EPA
Internet under the ``Federal Register'' listings at https://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 180
is available at E-CFR Beta Site Two at https://www.gpoaccess.gov/ecfr/.
II. Background
A. What Action is the Agency Taking?
In the Federal Register of April 27, 2005 (70 FR 21713) (FRL-7709-
1), EPA issued a proposed rule to revoke five tolerance exemptions for
residues of dichlorodifluoromethane, dichlorotetrafluoroethane, and
trichlorofluoromethane because those substances are either no longer
contained in pesticide products and/or because their use in pesticide
products sold in the U.S. has been prohibited for over a decade due to
EPA's ban on the sale or distribution, or offer for sale or
distribution in interstate commerce of certain nonessential products
that contain or are manufactured with ozone depleting compounds. EPA
believes this rationale also extends to ingredients whose use in
pesticide products is prohibited as a result of EPA's 1994 ban, under
the CAA, on certain non-essential aerosol and pressurized products
containing ozone depleting compounds (see 40 CFR part 82, subpart C).
Also the proposal of April 27, 2005 (70 FR 21713) provided a 60-day
comment period that invited public comment for consideration and for
support of tolerance exemption retention under the FFDCA standards.
In this final rule, EPA is revoking five tolerance exemptions for
residues of dichlorodifluoromethane, dichlorotetrafluoroethane, and
trichlorofluoromethane because these specific tolerance exemptions
correspond to uses no longer current or registered under FIFRA in the
United States. The tolerance exemptions revoked by this final rule are
no longer necessary to cover residues of the relevant pesticide
chemicals in or on domestically treated commodities or commodities
treated outside but imported into the United States. It is EPA's
general practice to revoke those tolerances and tolerance exemptions
for residues of pesticide chemicals on crop uses for which there are no
active registrations under FIFRA, unless any person commenting on the
proposal indicates a need for the tolerance or tolerance exemption to
cover residues in or on imported commodities or domestic commodities
legally treated.
EPA has historically been concerned that retention of tolerances
and tolerance exemptions that are not necessary to cover residues in or
on legally treated foods may encourage misuse of pesticides within the
United States. Thus, it is EPA's policy to issue a final rule revoking
those tolerances and tolerance exemptions for residues of pesticide
chemicals for which there are no active registrations or uses under
FIFRA, unless any person commenting on the proposal demonstrates a need
for the tolerance to cover residues in or on imported commodities or
domestic commodities legally treated.
Generally, EPA will proceed with the revocation of these tolerances
and tolerance exemptions on the grounds discussed in Unit II.A. if one
of the following conditions applies:
1. Prior to EPA's issuance of a section 408(f) order requesting
additional data or issuance of a section 408(d) or (e) order revoking
the tolerances or tolerance exemptions on other grounds, commenters
retract the comment identifying a need for the tolerance to be
retained.
2. EPA independently verifies that the tolerance or tolerance
exemption is no longer needed.
3. The tolerance or tolerance exemption is not supported by data
that demonstrate that the tolerance or tolerance exemption meets the
requirements under FQPA.
EPA received one comment on the proposal to revoke these tolerance
exemptions, and the commenter supported this revocation action.
Therefore, for the reasons stated herein and in the proposed rule,
EPA is revoking the exemptions from the requirement of a tolerance in
40 CFR 180.910 for residues of dichlorodifluoromethane,
dichlorotetrafluoroethane, and trichlorofluoromethane, and in 40 CFR
180.930 for residues of dichlorodifluoromethane and
trichlorofluoromethane.
[[Page 44494]]
B. What is the Agency's Authority for Taking this Action?
This final rule is issued pursuant to section 408(d) of FFDCA (21
U.S.C. 346a(d)). Section 408 of FFDCA authorizes the establishment of
tolerances, exemptions from the requirement of a tolerance,
modifications in tolerances, and revocation of tolerances for residues
of pesticide chemicals in or on raw agricultural commodities and
processed foods. Without a tolerance or tolerance exemption, food
containing pesticide residues is considered to be unsafe and therefore
``adulterated'' under section 402(a) of the FFDCA. If food containing
pesticide residues is found to be adulterated, the food may not be
distributed in interstate commerce (21 U.S.C. 331(a) and 342 (a)).
EPA's general practice is to revoke tolerances and tolerance
exemptions for residues of pesticide chemicals on crops for which FIFRA
registrations no longer exist and on which the pesticide may therefore
no longer be used in the United States. EPA has historically been
concerned that retention of tolerances and tolerance exemptions that
are not necessary to cover residues in or on legally treated foods may
encourage misuse of pesticides within the United States. Nonetheless,
EPA will establish and maintain tolerances and tolerance exemptions
even when corresponding domestic uses are canceled if the tolerances,
which EPA refers to as ``import tolerances,'' are necessary to allow
importation into the United States of food containing such pesticide
residues. However, where there are no imported commodities that require
these import tolerances, the Agency believes it is appropriate to
revoke tolerances and tolerance exemptions for unregistered pesticide
chemicals in order to prevent potential misuse.
C. When Do These Actions Become Effective?
These actions become effective on the date of publication of this
final rule in the Federal Register. Any commodities listed in the
regulatory text of this document that are treated with the pesticide
chemicals subject to this final rule, and that are in the channels of
trade following the tolerance exemption revocations, shall be subject
to FFDCA section 408(1)(5), as established by the FQPA. Under this
section, any residues of these pesticide chemicals in or on such food
shall not render the food adulterated so long as it is shown to the
satisfaction of the Food and Drug Administration that: (1) The residue
is present as the result of an application or use of the pesticide
chemical at a time and in a manner that was lawful under FIFRA, and (2)
the residue does not exceed the level that was authorized at the time
of the application or use to be present on the food under an exemption
from tolerance. Evidence to show that food was lawfully treated may
include records that verify the dates that the pesticide chemical was
applied to such food.
III. Are There Any International Trade Issues Raised by this Final
Action?
EPA is working to ensure that the U.S. tolerance reassessment
program under FQPA does not disrupt international trade. EPA considers
Codex Maximum Residue Limits (MRLs) in setting U.S. tolerances and in
reassessing them. MRLs are established by the Codex Committee on
Pesticide Residues, a committee within the Codex Alimentarius
Commission, an international organization formed to promote the
coordination of international food standards. When possible, EPA seeks
to harmonize U.S. tolerances with Codex MRLs. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain in a Federal Register document the
reasons for departing from the Codex level. EPA's effort to harmonize
with Codex MRLs is summarized in the tolerance reassessment section of
individual Reregistration Eligibility Decision Documents (REDs). The
EPA has developed guidance concerning submissions for import tolerance
support (65 FR 35069, June 1, 2000) (FRL-6559-3). This guidance will be
made available to interested persons. Electronic copies are available
on the internet at https://www.epa.gov/. On the Home Page select ``Laws
and Regulations,'' then select ``Regulations and Proposed Rules'' and
then look up the entry for this document under ``Federal Register--
Environmental Documents.'' You can also go directly to the ``Federal
Register'' listings at https://www.epa.gov/fedrgstr/.
IV. Objections and Hearing Requests
Under section 408(g) of FFDCA, as amended by FQPA, any person may
file an objection to any aspect of this regulation and may also request
a hearing on those objections. The EPA procedural regulations which
govern the submission of objections and requests for hearings appear in
40 CFR part 178. Although the procedures in those regulations require
some modification to reflect the amendments made to FFDCA by FQPA, EPA
will continue to use those procedures, with appropriate adjustments,
until the necessary modifications can be made. The new section 408(g)
of FFDCA provides essentially the same process for persons to
''object'' to a regulation for an exemption from the requirement of a
tolerance issued by EPA under new section 408(d) of FFDCA, as was
provided in the old sections 408 and 409 of FFDCA. However, the period
for filing objections is now 60 days, rather than 30 days.
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number OPP-2005-0068 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before October
3, 2005.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
Mail your written request to: Office of the Hearing Clerk (1900L),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Suite 350, 1099 14th St., NW.,
Washington, DC 20005. The Office of the Hearing Clerk is open from 8
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Office of the Hearing Clerk is (202) 564-6255.
2. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit IV.A.1.,
you should also send a copy of your request to the PIRIB for its
inclusion in the official record that is described in ADDRESSES. Mail
your
[[Page 44495]]
copies, identified by docket ID number OPP-2005-0068, to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the
PIRIB described in ADDRESSES. You may also send an electronic copy of
your request via e-mail to: opp-docket@epa.gov. Please use an ASCII
file format and avoid the use of special characters and any form of
encryption. Copies of electronic objections and hearing requests will
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format.
Do not include any CBI in your electronic copy. You may also submit an
electronic copy of your request at many Federal Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).
V. Statutory and Executive Order Reviews
In this final rule, EPA revokes specific tolerance exemptions
established under FFDCA section 408. EPA establishes tolerances under
FFDCA section 408(e), and also modifies and revokes specific tolerances
established under FFDCA section 408. The Office of Management and
Budget (OMB) has exempted this type of action (i.e., a tolerance
revocation for which extraordinary circumstances do not exist) from
review under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993). Because this rule has been
exempted from review under Executive Order 12866 due to its lack of
significance, this rule is not subject to Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001). This final rule does
not contain any information collections subject to OMB approval under
the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose
any enforceable duty or contain any unfunded mandate as described under
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law
104-4). Nor does it require any special considerations as required by
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994); or OMB review or any other
Agency action under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks(62 FR 19885,
April 23, 1997). This action does not involve any technical standards
that would require Agency consideration of voluntary consensus
standards pursuant to section 12(d) of the National Technology Transfer
and Advancement Act of 1995 (NTTAA), Public Law 104-13, section 12(d)
(15 U.S.C. 272 note). Pursuant to the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency previously assessed whether
revocations of exemptions from tolerances might significantly impact a
substantial number of small entities and concluded that, as a general
matter, these actions do not impose a significant economic impact on a
substantial number of small entities. This analysis was published on
December 17, 1997 (62 FR 66020), and was provided to the Chief Counsel
for Advocacy of the Small Business Administration. Taking into account
this analysis, and available information concerning the pesticide
chemicals listed in this rule, the Agency hereby certifies that this
final rule will not have a significant economic impact on a substantial
number of small entities. Specifically, as per the 1997 notice, EPA has
reviewed its available data on imports and foreign pesticide usage and
concludes that there is a reasonable international supply of food not
treated with canceled pesticides. Furthermore, for the pesticide
chemicals named in this final rule, the Agency knows of no
extraordinary circumstances that exist as to the present revocations
that would change EPA's previous analysis. In addition, the Agency has
determined that this action will not have a substantial direct effect
on States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132,
entitled Federalism (64 FR 43255, August 10, 1999). Executive Order
13132 requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This final
rule directly regulates growers, food processors, food handlers and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of FFDCA.
For these same reasons, the Agency has determined that this rule does
not have any ``tribal implications'' as described in Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
VI. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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 this final rule in the Federal Register. This final
[[Page 44496]]
rule 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,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: July 27, 2005.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
Sec. 180.910 [Amended]
0
2. Section 180.910 is amended by removing the following exemptions and
any associated Limits and Uses from the table: Dichlorodifluoromethane,
Dichlorotetrafluoroethane, and Trichlorofluoromethane.
Sec. 180.930 [Amended]
0
3. Section 180.930 is amended by removing the following exemptions and
any associated Limits and Uses from the table: Dichlorodifluoromethane
and Trichlorofluoromethane.
[FR Doc. 05-15334 Filed 8-2-05; 8:45 am]
BILLING CODE 6560-50-S
