Iodomethane; Pesticide Chemical Not Requiring a Tolerance or an Exemption from Tolerance, 901-903 [E6-26]
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Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Proposed Rules
recordkeeping requirements, Water
pollution control.
Dated: December 30, 2005.
Stephen L. Johnson,
Administrator.
For the reasons set forth in the
preamble, Chapter I of Title 40 of the
Code of Federal Regulations is proposed
to be amended as follows:
PART 122—EPA ADMINISTERED
PERMIT PROGRAMS: THE NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM
1. The authority citation for part 122
continues to read as follows:
Authority: The Clean Water Act, 33 U.S.C.
1251 et seq.
in storm water both during and after
construction activities to help ensure
protection of surface water quality during
storm events. Appropriate controls would be
those suitable to the site conditions and
consistent with generally accepted
engineering design criteria and manufacturer
specifications. Selection of BMPs could also
be affected by seasonal or climate conditions.
*
*
*
*
*
(e) * * *
(8) For any storm water discharge
associated with small construction
activities identified in paragraph
(b)(15)(i) of this section, see
§ 122.21(c)(1). Discharges from these
sources require permit authorization by
March 10, 2003, unless designated for
coverage before then.
*
*
*
*
*
[FR Doc. E6–36 Filed 1–5–06; 8:45 am]
Subpart B—[Amended]
BILLING CODE 6560–50–P
2. Section 122.26 is amended by
revising paragraphs (a)(2) and (e)(8) to
read as follows:
ENVIRONMENTAL PROTECTION
AGENCY
cprice-sewell on PROD1PC66 with PROPOSALS
§ 122.26 Storm water discharges
(applicable to State NPDES programs, see
122.35).
(a) * * *
(2) The Director may not require a
permit for discharges of storm water
runoff from the following:
(i) Mining operations composed
entirely of flows which are from
conveyances or systems of conveyances
(including but not limited to pipes,
conduits, ditches, and channels) used
for collecting and conveying
precipitation runoff and which are not
contaminated by contact with or that
have not come into contact with, any
overburden, raw material, intermediate
products, finished product, byproduct
or waste products located on the site of
such operations, except in accordance
with § 122.26(c)(1)(iv).
(ii) All field activities or operations
associated with oil and gas exploration,
production, processing, or treatment
operations, or transmission facilities,
including activities necessary to prepare
a site for drilling and for the movement
and placement of drilling equipment,
whether or not such field activities or
operations may be considered to be
construction activities, except in
accordance with § 122.26(c)(1)(iii).
Discharges of sediment from
construction activities associated with
oil and gas exploration, production,
processing, or treatment operations, or
transmission facilities are not subject to
the provisions of § 122.26(c)(1)(iii)(C).
Note to § 122.26(a)(2)(ii): EPA encourages
operators of oil and gas field activities or
operations to implement and maintain Best
Management Practices (BMPs) to minimize
discharges of pollutants, including sediment,
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40 CFR Part 180
[EPA–HQ–OPP–2005–0252; FRL–7755–6]
Iodomethane; Pesticide Chemical Not
Requiring a Tolerance or an Exemption
from Tolerance
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to designate
the use of the active ingredient,
iodomethane as a non-food use
pesticide when applied as a pre-plant
soil fumigant for peppers, strawberries
and tomatoes by adding an entry to 40
CFR 180.2020 noting the non-food use
determination. This determination is
based on the Agency’s evaluation of
data which indicates that residues of
iodomethane (CH3I) are quickly
degraded or metabolized into non-toxic
degradates and subsequently
incorporated into natural plant
constituents. The effect of this proposed
designation is that EPA does not require
that a tolerance or exemption from
tolerance under section 408 of the
Federal Food, Drug, and Cosmetic Act
(FFDCA), 21 U.S.C. 346a, be established
as a condition of registration of the
pesticide under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. 136 et. seq.
DATES: Comments must be received on
or before February 6, 2006.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2005–0252, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov/. Follow the on-
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901
line instructions for submitting
comments.
• Agency Website: EDOCKET, EPA’s
electronic public docket and comment
system was replaced on November 25,
2005 by an enhanced federal-wide
electronic docket management and
comment system located at https://
www.regulations.gov/. Follow the online instructions.
• E-mail: Comments may be sent by
e-mail to opp-docket@epa.gov,
Attention: Docket ID Number EPA–HQ–
OPP–2005–0252.
• Mail: Public Information and
Records Integrity Branch (PIRIB)
(7502C), Office of Pesticide Programs
(OPP), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001, Attention:
Docket ID Number EPA–HQ–OPP–
2005–0252.
• Hand Delivery: Public Information
and Records Integrity Branch (PIRIB),
Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm.
119, Crystal Mall #2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID
Number EPA–HQ–OPP–2005–0252.
Such deliveries are only accepted
during the Docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2005–
0252. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.epa.gov/edocket/, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through EDOCKET,
regulations.gov, or e-mail. The EPA
EDOCKET and the regulations.gov
websites are ‘‘anonymous access’’
systems, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through EDOCKET or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD ROM you submit. If EPA
cannot read your comment due to
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902
Federal Register / Vol. 71, No. 4 / Friday, January 6, 2006 / Proposed Rules
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit
EDOCKET on-line or see the Federal
Register of May 31, 2002 (67 FR 38102)
(FRL–7181–7).
Docket: 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:
Mary L. Waller, Registration Division
(7505C), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–9354; e-mail address:
waller.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
cprice-sewell on PROD1PC66 with PROPOSALS
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
VerDate Aug<31>2005
15:30 Jan 05, 2006
Jkt 208001
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/.
C. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through EDOCKET,
regulations.gov, or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD ROM that
you mail to EPA, mark the outside of the
disk or CD ROM as CBI and then
identify electronically within the disk or
CD ROM the specific information that is
claimed as CBI). In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the rulemaking by docket
ID number and other identifying
information (subject heading, Federal
Register date, and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
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viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Background and Statutory Findings
On February 4, 2002 and February 18,
2005, the Agency received applications
to register pesticide products containing
the new active ingredient, iodomethane
as a pre-plant fumigant for peppers,
strawberries, and tomatoes. The
registrant, Arysta LifeScience North
America, Corp. (formerly known as
Arvesta Corp.) asserted that the uses
should be considered non-food uses
based on data submitted with the
applications.
EPA on its own initiative, under
section 408 of the FFDCA, 21 U.S.C.
346a, is proposing to add an entry to 40
CFR 180.2020 noting the non-food use
determination for iodomethane when
used as a pre-plant fumigant for
peppers, strawberries and tomatoes.
This determination is based on the
Agency’s evaluation of metabolism and
crop field trial data which included
analysis for residues of iodomethane
(CH3I) and free iodide (I-). Analytical
method descriptions and validations
used to measure iodomethane and free
iodide were also submitted to the
Agency.
The Agency does not believe that
there is a reasonable expectation of
iodomethane residues per se in peppers,
strawberries and tomatoes at harvest.
Iodomethane is quickly metabolized/
degraded into iodide at levels lower
than those which would cause toxic
effects, and into other non-toxic
degradates which are incorporated into
natural plant constituents. Iodide, the
major degradate, is an ubiquitous,
naturally-occurring component of all
soils, plants, and animals, and as such,
there is an existing background level of
iodine and iodide in the environment
which varies depending on the
naturally-occurring sources of iodine
chemicals in the region. As a result,
enforcement of tolerances would not be
possible since no iodide-free samples
are available and residue field trials
showed evidence of control samples
with higher iodide residues than
iodomethane treated samples.
Additionally, iodine is an essential
human dietary nutrient, and
iodomethane residues must dissipate in
the soil prior to planting as the chemical
is phytotoxic. Therefore, the Agency
concludes that tolerances are not
required for iodomethane.
EPA lists in 40 CFR 180.2020
pesticide chemical uses EPA has
determined do not need a tolerance or
exemption from the requirement of a
tolerance based on EPA’s finding that
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they are not likely to result in residues
in or on food. It is under these
provisions that the EPA proposes to
designate the pre-plant fumigant use of
iodomethane on peppers, strawberries
and tomatoes as a non-food use because
the use is not likely to result in residues
in or on food for the reasons described
in Unit II of this document.
III. Conclusion
A nonfood use determination is
proposed for iodomethane when
applied as a pre-plant soil fumigant for
peppers, strawberries, and tomatoes.
IV. Statutory and Executive Order
Reviews
This proposed rule establishes a nonfood use determination under section
408(e) of the FFDCA in response to an
application for registration of a pesticide
product 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 proposed
rule has been exempted from review
under Executive Order 12866 due to its
lack of significance, this proposed 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 proposed 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 under 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 Agency
action under Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Pesticide Chemical
cprice-sewell on PROD1PC66 with PROPOSALS
*
Iodomethane (CH3I)
*
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 104–113, section
12(d) (15 U.S.C. 272 note). Pursuant to
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), the Agency hereby certifies that
this proposed action will not have
significant negative economic impact on
a substantial number of small entities.
Listing a pesticide use as not requiring
a tolerance or exemption from tolerance
clarifies that regulation under the
FFDCA is unnecessary as to that use and
thus has no negative economic impact.
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 proposed
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 the
FFDCA. For these same reasons, the
Agency has determined that this
proposed rule does not have any ‘‘tribal
CAS Reg. No.
*
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: December 30, 2005.
Donald R. Stubbs,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.2020 the table is amended
by adding alphabetically the following
entry to read as follows:
§ 180.2020
Non-food determinations.
*
*
*
Limits
*
*
*
*
74–88–4
*
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
proposed 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 proposed rule.
*
When applied as a pre-plant
fumigant
*
*
*
Peppers, strawberries and tomatoes
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[FR Doc. E6–26 Filed 1–5–06; 8:45 am]
VerDate Aug<31>2005
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06JAP1
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Agencies
[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Proposed Rules]
[Pages 901-903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-26]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2005-0252; FRL-7755-6]
Iodomethane; Pesticide Chemical Not Requiring a Tolerance or an
Exemption from Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to designate the use of the active
ingredient, iodomethane as a non-food use pesticide when applied as a
pre-plant soil fumigant for peppers, strawberries and tomatoes by
adding an entry to 40 CFR 180.2020 noting the non-food use
determination. This determination is based on the Agency's evaluation
of data which indicates that residues of iodomethane (CH3I)
are quickly degraded or metabolized into non-toxic degradates and
subsequently incorporated into natural plant constituents. The effect
of this proposed designation is that EPA does not require that a
tolerance or exemption from tolerance under section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, be established as
a condition of registration of the pesticide under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et.
seq.
DATES: Comments must be received on or before February 6, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0252, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/.
Follow the on-line instructions for submitting comments.
Agency Website: EDOCKET, EPA's electronic public docket
and comment system was replaced on November 25, 2005 by an enhanced
federal-wide electronic docket management and comment system located at
https://www.regulations.gov/. Follow the on-line instructions.
E-mail: Comments may be sent by e-mail to opp-
docket@epa.gov, Attention: Docket ID Number EPA-HQ-OPP-2005-0252.
Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001, Attention: Docket ID Number EPA-HQ-OPP-2005-0252.
Hand Delivery: Public Information and Records Integrity
Branch (PIRIB), Office of Pesticide Programs (OPP), Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID Number EPA-HQ-OPP-2005-0252. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0252. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.epa.gov/edocket/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA EDOCKET and the regulations.gov
websites are ``anonymous access'' systems, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an e-mail comment directly to EPA
without going through EDOCKET or regulations.gov, your e-mail address
will be automatically captured and included as part of the comment that
is placed in the public docket and made available on the Internet. If
you submit an electronic comment, EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD ROM you submit. If EPA cannot read your comment due to
[[Page 902]]
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit EDOCKET on-line or see the Federal Register of May 31,
2002 (67 FR 38102) (FRL-7181-7).
Docket: 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: Mary L. Waller, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-9354; e-mail address: waller.mary@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/.
C. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
EDOCKET, regulations.gov, or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI). In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the rulemaking by docket ID number and other
identifying information (subject heading, Federal Register date, and
page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background and Statutory Findings
On February 4, 2002 and February 18, 2005, the Agency received
applications to register pesticide products containing the new active
ingredient, iodomethane as a pre-plant fumigant for peppers,
strawberries, and tomatoes. The registrant, Arysta LifeScience North
America, Corp. (formerly known as Arvesta Corp.) asserted that the uses
should be considered non-food uses based on data submitted with the
applications.
EPA on its own initiative, under section 408 of the FFDCA, 21
U.S.C. 346a, is proposing to add an entry to 40 CFR 180.2020 noting the
non-food use determination for iodomethane when used as a pre-plant
fumigant for peppers, strawberries and tomatoes. This determination is
based on the Agency's evaluation of metabolism and crop field trial
data which included analysis for residues of iodomethane
(CH3I) and free iodide (I-). Analytical method descriptions
and validations used to measure iodomethane and free iodide were also
submitted to the Agency.
The Agency does not believe that there is a reasonable expectation
of iodomethane residues per se in peppers, strawberries and tomatoes at
harvest. Iodomethane is quickly metabolized/degraded into iodide at
levels lower than those which would cause toxic effects, and into other
non-toxic degradates which are incorporated into natural plant
constituents. Iodide, the major degradate, is an ubiquitous, naturally-
occurring component of all soils, plants, and animals, and as such,
there is an existing background level of iodine and iodide in the
environment which varies depending on the naturally-occurring sources
of iodine chemicals in the region. As a result, enforcement of
tolerances would not be possible since no iodide-free samples are
available and residue field trials showed evidence of control samples
with higher iodide residues than iodomethane treated samples.
Additionally, iodine is an essential human dietary nutrient, and
iodomethane residues must dissipate in the soil prior to planting as
the chemical is phytotoxic. Therefore, the Agency concludes that
tolerances are not required for iodomethane.
EPA lists in 40 CFR 180.2020 pesticide chemical uses EPA has
determined do not need a tolerance or exemption from the requirement of
a tolerance based on EPA's finding that
[[Page 903]]
they are not likely to result in residues in or on food. It is under
these provisions that the EPA proposes to designate the pre-plant
fumigant use of iodomethane on peppers, strawberries and tomatoes as a
non-food use because the use is not likely to result in residues in or
on food for the reasons described in Unit II of this document.
III. Conclusion
A nonfood use determination is proposed for iodomethane when
applied as a pre-plant soil fumigant for peppers, strawberries, and
tomatoes.
IV. Statutory and Executive Order Reviews
This proposed rule establishes a non-food use determination under
section 408(e) of the FFDCA in response to an application for
registration of a pesticide product 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 proposed rule has
been exempted from review under Executive Order 12866 due to its lack
of significance, this proposed 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 proposed
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 under 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
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 104-113, section 12(d)
(15 U.S.C. 272 note). Pursuant to the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et seq.), the Agency hereby
certifies that this proposed action will not have significant negative
economic impact on a substantial number of small entities. Listing a
pesticide use as not requiring a tolerance or exemption from tolerance
clarifies that regulation under the FFDCA is unnecessary as to that use
and thus has no negative economic impact. 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
proposed 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 the
FFDCA. For these same reasons, the Agency has determined that this
proposed 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 proposed 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 proposed rule.
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 30, 2005.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
Therefore, it is proposed that 40 CFR chapter I be amended as
follows:
PART 180--[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In Sec. 180.2020 the table is amended by adding alphabetically
the following entry to read as follows:
Sec. 180.2020 Non-food determinations.
* * * * *
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Pesticide Chemical CAS Reg. No. Limits Uses
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* * * * * * *
Iodomethane (CH3I) 74-88-4 When applied as a pre-plant Peppers, strawberries and tomatoes
fumigant
* * * * * * *
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[FR Doc. E6-26 Filed 1-5-06; 8:45 am]
BILLING CODE 6560-50-S