Inert Ingredients; Revocation of Two Tolerance Exemptions, 43664-43667 [E6-12344]
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43664
Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Rules and Regulations
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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.
VII. 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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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 21, 2006.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
I
Act (FFDCA), as amended by the Food
Quality Protection Act of 1996 (FQPA).
The two tolerance exemptions are
considered ‘‘reassessed’’ for purposes of
FFDCA’s section 408(q) and count as a
tolerance reassessment toward the
August 2006 review deadline.
DATES: This rule is effective August 2,
2006. Objections and requests for
hearings must be received on or before
October 2, 2006, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
I 1. The authority citation for part 180
OPP–2006–0307. All documents in the
continues to read as follows:
docket are listed in the index for the
Authority: 21 U.S.C. 321(q), 346a and 371.
docket. Although listed in the index,
I 2. Section 180.553 is amended by
some information is not publicly
alphabetically adding commodities to
available, e.g., Confidential Business
the table in paragraph (a) to read as
Information (CBI) or other information
follows:
whose disclosure is restricted by statute.
Certain other material, such as
§ 180.553 Fenhexamid; tolerances for
copyrighted material, is not placed on
residues.
the Internet and will be publicly
(a) *
*
*
available only in hard copy form.
Parts per mil- Publicly available docket materials are
Commodity
lion
available in the electronic docket at
https://www.regulations.gov, or, if only
*
*
*
*
*
available in hard copy, at the OPP
Cilantro, leaves
30.0 Regulatory Public Docket in Rm. S–
*
*
*
*
*
4400, One Potomac Yard (South Bldg.),
Pepper, nonbell
0.02
2777 S. Crystal Dr., Arlington, VA. The
*
*
*
*
*
Pomegranate
2.0 Docket Facility is open from 8:30 a.m.
to 4 p.m., Monday through Friday,
*
*
*
*
*
excluding legal holidays. The Docket
[FR Doc. E6–12348 Filed 8–1–06; 8:45 am]
Facility telephone number is (703) 305–
5805.
BILLING CODE 6560–50–S
FOR FURTHER INFORMATION CONTACT:
Karen Angulo, Registration Division
ENVIRONMENTAL PROTECTION
(7505P), Office of Pesticide Programs,
AGENCY
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
40 CFR Part 180
DC 20460–0001; telephone number:
[EPA–HQ–OPP–2006–0307; FRL–8079–9]
(703) 306–0404; e-mail address:
angulo.karen@epa.gov.
Inert Ingredients; Revocation of Two
SUPPLEMENTARY INFORMATION:
Tolerance Exemptions
I. General Information
AGENCY: Environmental Protection
Agency (EPA).
A. Does this Action Apply to Me?
ACTION: Final rule.
You may be potentially affected by
this action if you are an agricultural
SUMMARY: EPA is revoking two
producer, food manufacturer, or
exemptions from the requirement of a
pesticide manufacturer. Potentially
tolerance that are associated with two
affected entities may include, but are
inert ingredients (ethylene glycol
not limited to:
monomethyl ether and methylene blue)
• Crop production (NAICS code 111).
because these substances are no longer
• Animal production (NAICS code
contained in active Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) 112).
• Food manufacturing (NAICS code
pesticide product registrations. These
311).
ingredients are subject to reassessment
by August 2006 under section 408(q) of
• Pesticide manufacturing (NAICS
the Federal Food, Drug, and Cosmetic
code 32532).
PART 180—AMENDED
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ADDRESSES:
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Rules and Regulations
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. To determine whether
you or your business may be affected by
this action, you should carefully
examine the applicability provisions in
Unit II. 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?
In addition to accessing an electronic
copy of this Federal Register document
through the electronic docket athttps://
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. You may
also access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
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C. Can I File an Objection or Hearing
Request?
Under section 408(g) of the FFDCA, as
amended by the 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.
You must file your objection or request
a hearing on this regulation in
accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2006–0307 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 2, 2006.
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing that does not
contain any CBI for inclusion in the
public docket that is described in
ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2
may be disclosed publicly by EPA
without prior notice. Submit your
copies, identified by docket ID number
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EPA–HQ–OPP–2006–0307, by one of
the following methods.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
II. Background and Statutory Findings
A. What Action is the Agency Taking?
In the Federal Register of May 3, 2006
(71 FR 26001) (FRL–8068–3), EPA
issued a proposed rule to revoke two
exemptions from the requirement of a
tolerance that are associated with two
inert ingredients because those
substances are no longer contained in
pesticide products. The proposed rule
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 two
exemptions from the requirement of a
tolerance that are associated with two
inert ingredients 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.
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
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43665
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. 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.
No comments were received on the
proposed rule. Therefore, for the reasons
stated herein and in the proposed rule,
EPA is revoking the two exemptions
from the requirement of a tolerance
identified in the Federal Register Notice
of May 3, 2006 (71 FR 26001).
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
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Rules and Regulations
‘‘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
August 2, 2006. 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 a
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.
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D. What Is the Contribution to Tolerance
Reassessment?
By law, EPA is required by August
2006, to reassess the tolerances and
exemptions from tolerances that were in
existence on August 2, 1996. This
document revokes two inert ingredient
tolerance exemptions which are counted
as tolerance reassessments toward the
August 2006 review deadline under
FFDCA section 408(q), as amended by
FQPA in 1996.
III. Statutory and Executive Order
Reviews
In this final rule, EPA is revoking
specific tolerance exemptions
established under section 408(d) of
FFDCA. The Office of Management and
Budget (OMB) has exempted this type of
action 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 final rule is not subject
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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. 3501et 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 Regulatory Flexibility Act (RFA) (5
U.S.C. 601et seq.), the Agency
previously assessed whether revocations
of 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
listed in this rule, the Agency hereby
certifies that this final action will not
have a significant economic impact on
a substantial number of small entities.
In a memorandum dated May 25, 2001,
EPA determined that eight conditions
must all be satisfied in order for an
import tolerance or tolerance exemption
revocation to adversely affect a
significant number of small entity
importers, and that there is a negligible
joint probability of all eight conditions
holding simultaneously with respect to
any particular revocation. (This Agency
document is available in the docket of
this final rule). 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
the EPA’s previous analysis. In addition,
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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 final
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
final 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 final rule.
IV. 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
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Federal Register / Vol. 71, No. 148 / Wednesday, August 2, 2006 / Rules and Regulations
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 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 the rule in
the Federal Register. This 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 24, 2006.
Lois Rossi,
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.
§ 180.920
[Amended]
2. In § 180.920, the table is amended
by removing the entries for ‘‘Ethylene
glycol monomethyl ether’’ and
‘‘Methylene blue.’’
I
[FR Doc. E6–12344 Filed 8–1–06; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 54 and 64
[WC Docket No. 05–68; FCC 06–79]
Regulation of Prepaid Calling Card
Services
Federal Communications
Commission.
ACTION: Interim rule.
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AGENCY:
SUMMARY: In this document, the Federal
Communications Commission
(Commission) takes steps necessary to
protect the federal universal service
program and promote stability in the
market for prepaid calling cards. In
particular, the Commission will treat
certain prepaid calling card service
providers as telecommunications
service providers. As such, these
providers must pay intrastate access
charges for interexchange calls that
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originate and terminate in the same state
and interstate access charges on
interexchange calls that originate and
terminate in different states. They also
must contribute to the federal Universal
Service Fund (USF) based on their
interstate revenues, subject to the
limitations set forth below. The
Commission also addresses a petition
for interim relief filed by AT&T and
adopts interim rules to facilitate
compliance with the universal service
and access charge rules. Specifically, on
an interim and prospective basis, the
Commission requires all prepaid calling
card providers to comply with certain
reporting and certification requirements.
DATES: Effective October 31, 2006 except
for §§ 64.5001(a), (b), and (c) which
contain information collection
requirements that have not yet been
approved by the Office of Management
and Budget. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date
for those sections.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to
filing comments with the Office of the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection requirements
contained herein should be submitted to
Judith Boley Herman, Federal
Communications Commission, Room 1–
C804, 445 12th Street, SW., Washington,
DC 20554, or via the Internet to JudithB.Herman@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Lynne Hewitt Engledow, Wireline
Competition Bureau, Pricing Policy
Division, (202) 418–1520.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
Declaratory Ruling and Report and
Order in WC Docket No. 05–68, adopted
on June 1, 2006, and released on June
30, 2006. The complete text of this
Declaratory Ruling and Report and
Order is available for public inspection
Monday through Thursday from 8 a.m.
to 4:30 p.m. and Friday from 8 a.m. to
11:30 a.m. in the Commission’s
Consumer and Governmental Affairs
Bureau, Reference Information Center,
Room CY–A257, 445 12th Street, SW.,
Washington, DC 20554. The complete
text is available also on the
Commission’s Internet site at https://
www.fcc.gov. Alternative formats are
available to persons with disabilities by
contacting the Consumer and
Governmental Affairs Bureau, at (202)
418–0531, TTY (202) 418–7365, or at
fcc504@fcc.gov. The complete text of the
decision may be purchased from the
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Commission’s duplicating contractor,
Best Copying and Printing, Inc., Room
CY–B402, 445 12th Street, SW.,
Washington, DC 20554, telephone (202)
488–5300, facsimile (202) 488–5563,
TTY (202) 488–5562, or e-mail at
fcc@bcpiweb.com.
Synopsis of Declaratory Ruling and
Report and Order
1. On May 15, 2003, AT&T filed a
petition for declaratory ruling that
intrastate access charges did not apply
to calls made using its ‘‘enhanced’’
prepaid calling cards when the calling
card platform is located outside the state
in which either the calling or the called
party is located. On November 22, 2004,
AT&T submitted an ex parte letter
requesting a declaratory ruling on two
additional types of ‘‘enhanced’’ prepaid
calling card offerings: one card that
offers the caller a menu of options to
access non-call-related information, and
a second card that utilizes Internet
Protocol (IP) technology, accessed by
8YY dialing, to transport a portion of
the calling card call.
2. On February 16, 2005, the
Commission denied AT&T’s May 2003
Petition. See AT&T Corp. Petition for
Declaratory Ruling Regarding Enhanced
Prepaid Calling Card Services;
Regulation of Prepaid Calling Card
Services, Order and Notice of Proposed
Rulemaking, 70 FR 12828, March 16,
2005 (Calling Card Order & NPRM). The
Commission found that the service
described in the original petition was a
jurisdictionally-mixed
telecommunications service and that
intrastate access charges apply when a
call originates and terminates in the
same state. The Commission initiated a
Notice of Proposed Rulemaking (NPRM)
to address additional types of
‘‘enhanced’’ prepaid calling cards,
including those described in AT&T’s
November 2004 letter. On May 3, 2005,
AT&T filed a petition seeking the
adoption of interim rules pending a
final decision by the Commission in this
docket. AT&T’s Emergency Petition
seeks interim rules imposing federal
universal service funding obligations on
all prepaid calling card services
regardless of whether the Commission
ultimately decides they are
telecommunications services or
information services.
Declaratory Ruling
3. In this Order, the Commission
addresses the two prepaid calling card
variants described in the NPRM portion
of the Calling Card Order and NPRM: (1)
Menu-driven prepaid calling cards; and
(2) prepaid calling cards that utilize IP
transport to deliver all or a portion of
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]]>Agencies
[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Rules and Regulations]
[Pages 43664-43667]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12344]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0307; FRL-8079-9]
Inert Ingredients; Revocation of Two Tolerance Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revoking two exemptions from the requirement of a
tolerance that are associated with two inert ingredients (ethylene
glycol monomethyl ether and methylene blue) because these substances
are no longer contained in active Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) pesticide product registrations. These
ingredients are subject to reassessment by August 2006 under section
408(q) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended
by the Food Quality Protection Act of 1996 (FQPA). The two tolerance
exemptions are considered ``reassessed'' for purposes of FFDCA's
section 408(q) and count as a tolerance reassessment toward the August
2006 review deadline.
DATES: This rule is effective August 2, 2006. Objections and requests
for hearings must be received on or before October 2, 2006, and must be
filed in accordance with the instructions provided in 40 CFR part 178
(see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0307. All documents in the
docket are listed in the index for the docket. 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 in the electronic docket at https://www.regulations.gov, or,
if only available in hard copy, at the OPP Regulatory Public Docket in
Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr.,
Arlington, VA. The Docket Facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal holidays. The Docket Facility
telephone number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Karen Angulo, Registration Division
(7505P), 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).
[[Page 43665]]
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. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in Unit II. 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?
In addition to accessing an electronic copy of this Federal
Register document through the electronic docket athttps://
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. You may also access a
frequently updated electronic version of 40 CFR part 180 through the
Government Printing Office's pilot e-CFR site at https://
www.gpoaccess.gov/ecfr.
C. Can I File an Objection or Hearing Request?
Under section 408(g) of the FFDCA, as amended by the 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. You must file your objection or
request a hearing on this regulation in accordance with the
instructions provided in 40 CFR part 178. To ensure proper receipt by
EPA, you must identify docket ID number EPA-HQ-OPP-2006-0307 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 2, 2006.
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing that does not contain any CBI for inclusion in the public
docket that is described in ADDRESSES. Information not marked
confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA
without prior notice. Submit your copies, identified by docket ID
number EPA-HQ-OPP-2006-0307, by one of the following methods.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
II. Background and Statutory Findings
A. What Action is the Agency Taking?
In the Federal Register of May 3, 2006 (71 FR 26001) (FRL-8068-3),
EPA issued a proposed rule to revoke two exemptions from the
requirement of a tolerance that are associated with two inert
ingredients because those substances are no longer contained in
pesticide products. The proposed rule 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 two exemptions from the
requirement of a tolerance that are associated with two inert
ingredients 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.
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. 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.
No comments were received on the proposed rule. Therefore, for the
reasons stated herein and in the proposed rule, EPA is revoking the two
exemptions from the requirement of a tolerance identified in the
Federal Register Notice of May 3, 2006 (71 FR 26001).
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
[[Page 43666]]
``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 August 2, 2006. 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 a 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.
D. What Is the Contribution to Tolerance Reassessment?
By law, EPA is required by August 2006, to reassess the tolerances
and exemptions from tolerances that were in existence on August 2,
1996. This document revokes two inert ingredient tolerance exemptions
which are counted as tolerance reassessments toward the August 2006
review deadline under FFDCA section 408(q), as amended by FQPA in 1996.
III. Statutory and Executive Order Reviews
In this final rule, EPA is revoking specific tolerance exemptions
established under section 408(d) of FFDCA. The Office of Management and
Budget (OMB) has exempted this type of action 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 final 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. 3501et 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 Regulatory Flexibility Act (RFA) (5 U.S.C. 601et seq.),
the Agency previously assessed whether revocations of 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 listed in this rule, the Agency
hereby certifies that this final action will not have a significant
economic impact on a substantial number of small entities. In a
memorandum dated May 25, 2001, EPA determined that eight conditions
must all be satisfied in order for an import tolerance or tolerance
exemption revocation to adversely affect a significant number of small
entity importers, and that there is a negligible joint probability of
all eight conditions holding simultaneously with respect to any
particular revocation. (This Agency document is available in the docket
of this final rule). 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 the 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 final 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 final 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 final rule.
IV. 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
[[Page 43667]]
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 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
the rule in the Federal Register. This 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 24, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
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Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
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1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
Sec. 180.920 [Amended]
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2. In Sec. 180.920, the table is amended by removing the entries for
``Ethylene glycol monomethyl ether'' and ``Methylene blue.''
[FR Doc. E6-12344 Filed 8-1-06; 8:45 am]
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