Pesticide Management and Disposal; Standards for Pesticide Containers and Containment; Notification to the Secretary of Agriculture, 10438-10439 [06-1853]

Download as PDF 10438 Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Rules and Regulations explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment The Coast Guard analyzed this rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) 42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g) from further environmental documentation. This rule fits the category selected from paragraph (34)(g), as it establishes a safety zone. An Environmental Analysis Checklist and Categorical Exclusion Determination are available for review at the location listed under ADDRESSES. EPA has established a docket for this action under Docket ID No. EPA–HQ–OPP–2005–0327. All documents in the docket are listed on the https://www.regulations.gov web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (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 through www.regulations.gov or in hard copy at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Monday through Friday, excluding legal holidays. The Docket telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Nancy Fitz, Field and External Affairs Division, (7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460–0001; telephone number: 703–305–7385; e-mail address: fitz.nancy@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: A. Does this Action Apply to Me? RIN 2070–AB95 Pesticide Management and Disposal; Standards for Pesticide Containers and Containment; Notification to the Secretary of Agriculture 1. The authority citation for part 165 continues to read as follows: I Authority: 33 U.S.C. 1225 and 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. From 12:01 a.m. on February 20, 2006 until 11:59 p.m. December 31, 2006 add temporary § 165.T01–007 to read as follows: I § 165.T01–007 Safety Zone: Wantagh Parkway Number 3 Bridge over the Sloop Channel, Town of Hempstead, NY. erjones on PROD1PC61 with RULES ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2005–0327; FRL–7749–1] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS (a) Location: The following areas are a safety zone: All waters of the Sloop Channel in Hempstead, NY within 300 yards of the Wantagh Parkway Number 3 Bridge over the Sloop Channel. Jkt 208001 BILLING CODE 4910–15–P 40 CFR Parts 9, 156 and 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 14:36 Feb 28, 2006 Dated: February 17, 2006. Peter J. Boynton, Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound. [FR Doc. 06–1895 Filed 2–28–06; 8:45 am] containment of pesticide dispensing areas. I. General Information List of Subjects in 33 CFR Part 165 VerDate Aug<31>2005 (b) Effective date: This rule is effective from 12:01 a.m. on February 20, 2006 until 11:59 p.m. December 31, 2006. (c) Regulations. (1) In accordance with the general regulations in 165.23 of this part, entry into or movement within this zone by any person or vessel is prohibited unless authorized by the Captain of the Port (COTP), Long Island Sound. (2) All persons and vessels must comply with the Coast Guard Captain of the Port or designated on-scene patrol personnel. On-scene Coast Guard patrol personnel include commissioned, warrant, and petty officers of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, and local, state, and federal law enforcement vessels. Upon being hailed by siren, radio, flashing light or other means from a U.S. Coast Guard vessel or other vessel with onscene patrol personnel aboard, the operator of the vessel shall proceed as directed. Environmental Protection Agency (EPA). ACTION: Notification to the Secretary of Agriculture. AGENCY: SUMMARY: This document notifies the public that the Administrator of EPA has forwarded to the Secretary of Agriculture a draft final rule as required by section 25(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). As described in the Agency’s semi-annual Regulatory Agenda, the draft final rule would establish standards for removal of pesticides from containers and for rinsing containers; facilitate the safe use, refill, reuse, and disposal of pesticide containers by establishing standards for container design, labeling and refilling; and establish requirements for containment of large, stationary pesticide containers and for PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 This action is directed to the public in general. It simply announces the submission of a draft final rule to USDA and does not otherwise affect any specific entities. This action may, however, be of particular interest to pesticide formulators, agrichemical dealers, and independent commercial pesticide applicators. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be interested in this action. If you have any questions regarding this action, 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 https:// www.regulations.gov, 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 on E-CFR Beta Site Two at https:// www.gpoaccess.gov/ecfr/. E:\FR\FM\01MRR1.SGM 01MRR1 Federal Register / Vol. 71, No. 40 / Wednesday, March 1, 2006 / Rules and Regulations II. What Action is EPA Taking? List of Subjects Section 25(a)(2) of FIFRA requires the Administrator to provide the Secretary of Agriculture with a copy of any final regulation at least 30 days before signing it for publication in the Federal Register. The draft final rule is not available to the public until after it has been signed by EPA. If the Secretary comments in writing regarding the draft final rule within 15 days after receiving it, the Administrator shall include the comments of the Secretary, if requested by the Secretary, and the Administrator’s response to those comments in the final rule when published in the Federal Register. If the Secretary does not comment in writing within 15 days after receiving the draft final rule, the Administrator may sign the final rule for publication in the Federal Register anytime after the 15– day period. Part 9 Environmental protection, Reporting and recordkeeping requirements. III. Do Any Statutory and Executive Order Reviews Apply to this Notification? [EPA–HQ–OAR–2003–0121; FRL–8039–2] No. This document is not a rule, it is merely a notification of submission to the Secretary of Agriculture. As such, none of the regulatory assessment requirements apply to this document. National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing Part 156 Environmental protection, Labeling, Pesticides and pests. Part 16 Environmental protection, Packaging and containers, Containment structures, Pesticides and pests. Dated: February 9, 2006. James Jones, Director, Office of Pesticide Programs. [FR Doc. 06–1853 Filed 2–28–06; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 63 RIN 2060–AM43 IV. Will this Notification be Subject to the Congressional Review Act? Environmental Protection Agency (EPA). ACTION: Final rule; amendment. No. This action is not a rule for purposes of the Congressional Review Act (CRA), 5 U.S.C. 804(3), and will not be submitted to Congress and the Comptroller General. EPA will submit the final rule to Congress and the Comptroller General as required by the CRA. SUMMARY: This action amends the national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. The amendment will extend the compliance date for existing sources by 18 months. Under the promulgated rule, existing affected sources would be required to be in AGENCY: 10439 compliance by November 10, 2006. With this final action, existing sources will be required to comply with the rule by May 10, 2008. DATES: Effective Date: March 1, 2006. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2003–0121. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., confidential business information 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 through https:// www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the Air and Radiation Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Coatings and Chemicals Group (C504–04), Sector Policies and Programs Division, Office of Air Quality Planning and Standards, U.S. EPA, Research Triangle Park, NC 27711; telephone number: (919) 541– 5402; fax number: (919) 541–3470; email address: mcdonald.randy@epa.gov. SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities potentially regulated by this action include: Category NAICS code* Examples of regulated entities Industry ................................ 3251, 3252, 3253, 3254, 3255, 3256, and 3259, with several exceptions. Producers of specialty organic chemicals, explosives, certain polymers and resins, and certain pesticide intermediates. erjones on PROD1PC61 with RULES *North American Industry Classification System. This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should examine the applicability criteria in 40 CFR 63.2435. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. VerDate Aug<31>2005 14:36 Feb 28, 2006 Jkt 208001 Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of the final rule amendment will also be available on the WWW through the Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of the final rule amendment will be posted on the TTN’s policy and guidance page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and technology PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 exchange in various areas of air pollution control. Judicial Review. Under section 307(b)(1) of the Clean Air Act (CAA), judicial review of the final rule amendment is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by May 1, 2006. Under section 307(d)(7)(B) of the CAA, only an objection to the final rule amendment that was raised with reasonable specificity during the period for public E:\FR\FM\01MRR1.SGM 01MRR1

Agencies

[Federal Register Volume 71, Number 40 (Wednesday, March 1, 2006)]
[Rules and Regulations]
[Pages 10438-10439]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1853]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 156 and 165

[EPA-HQ-OPP-2005-0327; FRL-7749-1]
RIN 2070-AB95


Pesticide Management and Disposal; Standards for Pesticide 
Containers and Containment; Notification to the Secretary of 
Agriculture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretary of Agriculture.

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

SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretary of Agriculture a draft final rule as 
required by section 25(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). As described in the Agency's semi-annual 
Regulatory Agenda, the draft final rule would establish standards for 
removal of pesticides from containers and for rinsing containers; 
facilitate the safe use, refill, reuse, and disposal of pesticide 
containers by establishing standards for container design, labeling and 
refilling; and establish requirements for containment of large, 
stationary pesticide containers and for containment of pesticide 
dispensing areas.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OPP-2005-0327. All documents in the docket are listed on the 
https://www.regulations.gov web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (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 through www.regulations.gov or in hard copy at the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1801 S. Bell St., Arlington, VA, Monday 
through Friday, excluding legal holidays. The Docket telephone number 
is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Nancy Fitz, Field and External Affairs 
Division, (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: 703-305-7385; e-mail address: 
fitz.nancy@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. It simply 
announces the submission of a draft final rule to USDA and does not 
otherwise affect any specific entities. This action may, however, be of 
particular interest to pesticide formulators, agrichemical dealers, and 
independent commercial pesticide applicators. Since other entities may 
also be interested, the Agency has not attempted to describe all the 
specific entities that may be interested in this action. If you have 
any questions regarding this action, 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 https://www.regulations.gov, 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 on E-CFR Beta Site Two at https://www.gpoaccess.gov/ecfr/.

[[Page 10439]]

II. What Action is EPA Taking?

    Section 25(a)(2) of FIFRA requires the Administrator to provide the 
Secretary of Agriculture with a copy of any final regulation at least 
30 days before signing it for publication in the Federal Register. The 
draft final rule is not available to the public until after it has been 
signed by EPA. If the Secretary comments in writing regarding the draft 
final rule within 15 days after receiving it, the Administrator shall 
include the comments of the Secretary, if requested by the Secretary, 
and the Administrator's response to those comments in the final rule 
when published in the Federal Register. If the Secretary does not 
comment in writing within 15 days after receiving the draft final rule, 
the Administrator may sign the final rule for publication in the 
Federal Register anytime after the 15-day period.

III. Do Any Statutory and Executive Order Reviews Apply to this 
Notification?

    No. This document is not a rule, it is merely a notification of 
submission to the Secretary of Agriculture. As such, none of the 
regulatory assessment requirements apply to this document.

IV. Will this Notification be Subject to the Congressional Review Act?

    No. This action is not a rule for purposes of the Congressional 
Review Act (CRA), 5 U.S.C. 804(3), and will not be submitted to 
Congress and the Comptroller General. EPA will submit the final rule to 
Congress and the Comptroller General as required by the CRA.

List of Subjects

Part 9

    Environmental protection, Reporting and recordkeeping requirements.

Part 156

    Environmental protection, Labeling, Pesticides and pests.

Part 16

    Environmental protection, Packaging and containers, Containment 
structures, Pesticides and pests.


    Dated: February 9, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. 06-1853 Filed 2-28-06; 8:45 am]
BILLING CODE 6560-50-S
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