Inert Ingredient; Revocation of the Tolerance Exemption for Mono- and Bis-(1H, 45408-45411 [E6-12541]
Download as PDF
45408
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
2. Section 180.920 is amended in the
table by removing the entry Isophorone.
I Section 180.1270 is added to subpart
D to read as follows:
I
§ 180.1270 Isophorone; exemption from
the requirement of a tolerance.
Isophorone (CAS Reg. No. 78–59–1) is
exempt from the requirement of a
tolerance when used as an inert
ingredient in pesticide formulations
applied to beets, ginseng, rice, spinach,
sugar beets, and Swiss chard.
[FR Doc. E6–12547 Filed 8–8–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0253; FRL–8082–3]
Inert Ingredient; Revocation of the
Tolerance Exemption for Mono- and
Bis-(1H, 1H, 2H, 2H-perfluoroalkyl)
Phosphates Where the Alkyl Group is
Even Numbered and in the C6-C12
Range
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is revoking, under the
Federal Food, Drug, and Cosmetic Act
(FFDCA) section 408(e)(1), the existing
exemption from the requirement of a
tolerance for residues of the inert
ingredient ‘‘Mono- and bis-(1H, 1H, 2H,
2H-perfluoroalkyl) phosphates where
the alkyl group is even numbered and
in the C6-C12 range’’ under 40 CFR
180.920. The regulatory action
contributes toward the Agency’s
tolerance reassessment requirements
under FFDCA section 408(q), as
amended by the Food Quality Protection
Act (FQPA) of 1996. By law, EPA is
required by August 2006 to reassess the
tolerances that were in existence on
August 2, 1996. This regulatory action
counts as a tolerance reassessment
toward the August 2006 review
deadline.
DATES:
This rule is effective February 9,
2008.
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0253. 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
jlentini on PROD1PC65 with RULES
ADDRESSES:
VerDate Aug<31>2005
16:38 Aug 08, 2006
Jkt 208001
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 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).
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 at https://
www.regulations.gov, you may access
this ‘‘Federal Register’’ document
electronically through the EPA Internet
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
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–2006–0253 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 10, 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–2006–0253, 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 Building), 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 evaluating the tolerance exemption
under 40 CFR 180.920 for ‘‘Mono- and
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
jlentini on PROD1PC65 with RULES
bis-(1H, 1H, 2H, 2H-perfluoroalkyl)
phosphates where the alkyl group is
even numbered and in the C6-C12
range,’’ EPA determined that there were
potential risks of concern associated
with the use of these perfluoroalkyl
phosphates. EPA concluded that it was
unable to determine that the tolerance
exemption met the safety requirements
of FFDCA section 408(c)(2) and
proposed the revocation of the tolerance
exemption in the Federal Register on
April 19, 2006 (71 FR 20048) (FRL–
8058–3).
EPA received comments on the
proposed rule from Bayer CropScience
and Mason Chemical Company. Neither
commentor challenged EPA’s
conclusions on the chemical described
under the current tolerance exemption.
Therefore, this final rule revokes the
tolerance exemption under 40 CFR
180.920 for ‘‘Mono- and bis-(1H, 1H, 2H,
2H-perfluoroalkyl) phosphates where
the alkyl group is even numbered and
in the C6-C12 range’’ 18 months after the
publication date of this final rule in the
Federal Register. EPA’s response to the
comments received is found in the
following section.
B. EPA’s Responses to Comments
1. Does the tolerance exemption name
the wrong chemical? Mason Chemical
Company claims that the current
tolerance exemption describes the
wrong chemical, and this error reaches
back to the establishment of the
exemption. They assert that the
tolerance exemption actually should
encompass certain
perfluoroalkylphosphinic and
phosphonic acid compounds instead of
the perfluoroalkyl phosphate compound
described by the tolerance exemption.
The Agency disagrees. The current
inert ingredient tolerance exemption
under 40 CFR 180.920 for ‘‘Mono- and
bis-(1H, 1H, 2H, 2H-perfluoroalkyl)
phosphates where the alkyl group is
even numbered and in the C6-C12 range’’
was established on January 23, 1985 by
a final rule published in the Federal
Register (50 FR 2983). The Agency
established this tolerance exemption in
response to a petition from the
American Hoechst Corporation. The
petitioner requested that the new
tolerance exemption limit the use of the
compound in pesticide products to a
defoaming agent used only on growing
crops at no more than 0.5% of the
pesticide formulation. No comments
were received on the proposed rule.
From the time of the establishment of
the current tolerance exemption in 1985
until now, the Agency has received no
petitions to modify the current tolerance
exemption. The Agency concludes that
VerDate Aug<31>2005
16:38 Aug 08, 2006
Jkt 208001
the tolerance exemption is not in error
as the commentors assert, rather, it
describes the chemical compound that
the original petitioner requested. If
commodities are sold or distributed
containing pesticide residues that are
not within the tolerance expression, and
for which there is no existing tolerance
or exemption, those commodities may
be deemed adulterated for purposes of
FFDCA.
2. Reassess the compounds. Mason
Chemical Company asserts that EPA
must reassess the
perfluoroalkylphosphinic and
phosphonic acid compounds because
the current tolerance exemption should
have included these chemicals all along.
FFDCA as amended by FQPA requires
EPA to reassess all inert ingredient
tolerance exemptions established prior
to August 3, 1996. No inert ingredient
tolerance exemption that includes the
perfluoroalkylphosphinic and
phosphonic acid compounds described
by Mason Chemical Company was in
existence prior to 1996, nor is one in
existence now. EPA cannot reassess a
tolerance exemption that does not exist.
3. Permit use of the compounds.
Bayer CropScience requests that the
Agency allow the use of the
perfluoroalkylphosphonic and
perfluoroalkylphosphinic acid
compounds under the current
exemption for two years. Bayer
CropScience requested use of the
compounds only for two years because
‘‘insufficient data exist for
perfluoroalkylphosphonic and
perfluoroalkylphosphinic acid to allow
the Agency to make a safety finding
according to FFDCA section 408(b)(2).’’
Bayer CropScience indicated an interest
in generating data to support a new
tolerance exemption for these
compounds.
FFDCA requires a tolerance or
tolerance exemption for all chemicals
used in pesticide products. As of July 5,
2006, EPA has not received a petition
for a tolerance or tolerance exemption
for the perfluoroalkylphosphonic and
perfluoroalkylphosphinic acid
compounds, and data sufficient for
evaluating these compounds have not
been submitted to the Agency. As stated
in the proposed rule, the Agency has
identified human health and
environmental risks of concern for the
perfluoroalkyl phosphate chemical
described by the current exemption
under 40 CFR 180.920, and the FFDCA
safety finding cannot be made. A party
or parties may choose to petition the
Agency for a tolerance or tolerance
exemption for the
perfluoroalkylphosphonic and
perfluoroalkylphosphinic acid
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
45409
compounds. The very limited
information available to the Agency
indicates that there may be serious
human health and environmental risk
issues associated with these
compounds. It is likely that petitioner(s)
will have to support their petition with
a robust dataset.
C. What is the Agency’s Authority for
Taking this Action?
A ‘‘tolerance’’ represents the
maximum level for residues of pesticide
chemicals legally allowed in or on raw
agricultural commodities and processed
foods. Section 408 of FFDCA, 21 U.S.C.
346a, as amended by the FQPA of 1996,
Public Law 104–170, authorizes the
establishment of tolerances, exemptions
from tolerance requirements,
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
exemption, food containing pesticide
residues is considered to be unsafe and
therefore ‘‘adulterated’’ under section
402(a) of FFDCA, 21 U.S.C. 342(a). Such
food may not be distributed in interstate
commerce (21 U.S.C. 331(a)). For a fooduse pesticide to be sold and distributed,
the pesticide must not only have
appropriate tolerances under FFDCA,
but also must be registered under FIFRA
(7 U.S.C. 136 et seq.). Food-use
pesticides not registered in the United
States must have tolerances in order for
commodities treated with those
pesticides to be imported into the
United States.
D. When Do These Actions Become
Effective?
This action becomes effective 18
months after the publication date of this
final rule in the Federal Register. Any
commodities listed in the regulatory text
of this document that are treated with
the pesticide chemical 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 residue of the pesticide
chemical 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:
• 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.
• The residue does not exceed the
level that was authorized at the time of
the application or use to be present on
the food under an exemption from
tolerance. Evidence to show that food
E:\FR\FM\09AUR1.SGM
09AUR1
45410
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
was lawfully treated may include
records that verify the dates that the
pesticide chemical was applied to such
food.
jlentini on PROD1PC65 with RULES
E. 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 one inert ingredient
tolerance exemption which is counted
as a tolerance reassessment 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 a
tolerance exemption 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. 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 Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et 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,
VerDate Aug<31>2005
16:38 Aug 08, 2006
Jkt 208001
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
pesticide 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 (note also
that revocation of these tolerances does
not affect entities selling or distributing
commodities containing only pesticide
residues that are not subject to these
tolerances). 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
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
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
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 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 26, 2006.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR part 180 is
amended as follows:
I
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
I
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Rules and Regulations
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.920, the table is amended
by revising the following inert
ingredient to read as follows:
I
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
*
*
*
*
*
Inert ingredients
Limits
*
*
*
Mono- and bis-(1H, 1H, 2H, 2H-perfluoroalkyl) phosphates where
the alkyl group is even numbered and in the C6-C12 range.
*
*
Not more than 0.5% of pesticide
formulation. Expires February 9,
2008.
*
*
*
*
[FR Doc. E6–12541 Filed 8–8–06; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2006–0251; FRL–8082–2]
Inert Ingredient; Revocation of the
Tetrahydrofurfuryl Alcohol (THFA)
Tolerance Exemption
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: EPA is revoking, under the
Federal Food, Drug, and Cosmetic Act
(FFDCA) section 408(e)(1), the existing
exemption from the requirement of a
tolerance for residues of the inert
ingredient ‘‘Tetrahydrofurfuryl alcohol’’
(THFA) under 40 CFR 180.910, and
establishes a limited tolerance for THFA
under 40 CFR 180.1263. The regulatory
action contributes toward the Agency’s
tolerance reassessment requirements
under FFDCA section 408(q), as
amended by the Food Quality Protection
Act (FQPA) of 1996. By law, EPA is
required by August 2006 to reassess the
tolerances that were in existence on
August 2, 1996. This regulatory action
counts as a tolerance reassessment
toward the August 2006 review
deadline.
DATES: This rule is effective February 9,
2008.
ADDRESSES: EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0251. 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
VerDate Aug<31>2005
16:38 Aug 08, 2006
Jkt 208001
45411
*
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
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).
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.
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
Uses
Surfactant, related
surfactants
adjvants
of
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 at 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. 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–2006–0251 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 10, 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–2006–0251, 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),
E:\FR\FM\09AUR1.SGM
09AUR1
Agencies
[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Rules and Regulations]
[Pages 45408-45411]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12541]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0253; FRL-8082-3]
Inert Ingredient; Revocation of the Tolerance Exemption for Mono-
and Bis-(1H, 1H, 2H, 2H-perfluoroalkyl) Phosphates Where the Alkyl
Group is Even Numbered and in the C6-C12 Range
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revoking, under the Federal Food, Drug, and Cosmetic
Act (FFDCA) section 408(e)(1), the existing exemption from the
requirement of a tolerance for residues of the inert ingredient ``Mono-
and bis-(1H, 1H, 2H, 2H-perfluoroalkyl) phosphates where the alkyl
group is even numbered and in the C6-C12 range''
under 40 CFR 180.920. The regulatory action contributes toward the
Agency's tolerance reassessment requirements under FFDCA section
408(q), as amended by the Food Quality Protection Act (FQPA) of 1996.
By law, EPA is required by August 2006 to reassess the tolerances that
were in existence on August 2, 1996. This regulatory action counts as a
tolerance reassessment toward the August 2006 review deadline.
DATES: This rule is effective February 9, 2008.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2006-0253. 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 either 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).
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 at 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. 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-2006-0253 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 10, 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-2006-0253, 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
Building), 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 evaluating the tolerance exemption under 40 CFR 180.920 for
``Mono- and
[[Page 45409]]
bis-(1H, 1H, 2H, 2H-perfluoroalkyl) phosphates where the alkyl group is
even numbered and in the C6-C12 range,'' EPA
determined that there were potential risks of concern associated with
the use of these perfluoroalkyl phosphates. EPA concluded that it was
unable to determine that the tolerance exemption met the safety
requirements of FFDCA section 408(c)(2) and proposed the revocation of
the tolerance exemption in the Federal Register on April 19, 2006 (71
FR 20048) (FRL-8058-3).
EPA received comments on the proposed rule from Bayer CropScience
and Mason Chemical Company. Neither commentor challenged EPA's
conclusions on the chemical described under the current tolerance
exemption. Therefore, this final rule revokes the tolerance exemption
under 40 CFR 180.920 for ``Mono- and bis-(1H, 1H, 2H, 2H-
perfluoroalkyl) phosphates where the alkyl group is even numbered and
in the C6-C12 range'' 18 months after the
publication date of this final rule in the Federal Register. EPA's
response to the comments received is found in the following section.
B. EPA's Responses to Comments
1. Does the tolerance exemption name the wrong chemical? Mason
Chemical Company claims that the current tolerance exemption describes
the wrong chemical, and this error reaches back to the establishment of
the exemption. They assert that the tolerance exemption actually should
encompass certain perfluoroalkylphosphinic and phosphonic acid
compounds instead of the perfluoroalkyl phosphate compound described by
the tolerance exemption.
The Agency disagrees. The current inert ingredient tolerance
exemption under 40 CFR 180.920 for ``Mono- and bis-(1H, 1H, 2H, 2H-
perfluoroalkyl) phosphates where the alkyl group is even numbered and
in the C6-C12 range'' was established on January
23, 1985 by a final rule published in the Federal Register (50 FR
2983). The Agency established this tolerance exemption in response to a
petition from the American Hoechst Corporation. The petitioner
requested that the new tolerance exemption limit the use of the
compound in pesticide products to a defoaming agent used only on
growing crops at no more than 0.5% of the pesticide formulation. No
comments were received on the proposed rule. From the time of the
establishment of the current tolerance exemption in 1985 until now, the
Agency has received no petitions to modify the current tolerance
exemption. The Agency concludes that the tolerance exemption is not in
error as the commentors assert, rather, it describes the chemical
compound that the original petitioner requested. If commodities are
sold or distributed containing pesticide residues that are not within
the tolerance expression, and for which there is no existing tolerance
or exemption, those commodities may be deemed adulterated for purposes
of FFDCA.
2. Reassess the compounds. Mason Chemical Company asserts that EPA
must reassess the perfluoroalkylphosphinic and phosphonic acid
compounds because the current tolerance exemption should have included
these chemicals all along.
FFDCA as amended by FQPA requires EPA to reassess all inert
ingredient tolerance exemptions established prior to August 3, 1996. No
inert ingredient tolerance exemption that includes the
perfluoroalkylphosphinic and phosphonic acid compounds described by
Mason Chemical Company was in existence prior to 1996, nor is one in
existence now. EPA cannot reassess a tolerance exemption that does not
exist.
3. Permit use of the compounds. Bayer CropScience requests that the
Agency allow the use of the perfluoroalkylphosphonic and
perfluoroalkylphosphinic acid compounds under the current exemption for
two years. Bayer CropScience requested use of the compounds only for
two years because ``insufficient data exist for
perfluoroalkylphosphonic and perfluoroalkylphosphinic acid to allow the
Agency to make a safety finding according to FFDCA section 408(b)(2).''
Bayer CropScience indicated an interest in generating data to support a
new tolerance exemption for these compounds.
FFDCA requires a tolerance or tolerance exemption for all chemicals
used in pesticide products. As of July 5, 2006, EPA has not received a
petition for a tolerance or tolerance exemption for the
perfluoroalkylphosphonic and perfluoroalkylphosphinic acid compounds,
and data sufficient for evaluating these compounds have not been
submitted to the Agency. As stated in the proposed rule, the Agency has
identified human health and environmental risks of concern for the
perfluoroalkyl phosphate chemical described by the current exemption
under 40 CFR 180.920, and the FFDCA safety finding cannot be made. A
party or parties may choose to petition the Agency for a tolerance or
tolerance exemption for the perfluoroalkylphosphonic and
perfluoroalkylphosphinic acid compounds. The very limited information
available to the Agency indicates that there may be serious human
health and environmental risk issues associated with these compounds.
It is likely that petitioner(s) will have to support their petition
with a robust dataset.
C. What is the Agency's Authority for Taking this Action?
A ``tolerance'' represents the maximum level for residues of
pesticide chemicals legally allowed in or on raw agricultural
commodities and processed foods. Section 408 of FFDCA, 21 U.S.C. 346a,
as amended by the FQPA of 1996, Public Law 104-170, authorizes the
establishment of tolerances, exemptions from tolerance requirements,
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 exemption, food containing
pesticide residues is considered to be unsafe and therefore
``adulterated'' under section 402(a) of FFDCA, 21 U.S.C. 342(a). Such
food may not be distributed in interstate commerce (21 U.S.C. 331(a)).
For a food-use pesticide to be sold and distributed, the pesticide must
not only have appropriate tolerances under FFDCA, but also must be
registered under FIFRA (7 U.S.C. 136 et seq.). Food-use pesticides not
registered in the United States must have tolerances in order for
commodities treated with those pesticides to be imported into the
United States.
D. When Do These Actions Become Effective?
This action becomes effective 18 months after the publication date
of this final rule in the Federal Register. Any commodities listed in
the regulatory text of this document that are treated with the
pesticide chemical 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 residue of the pesticide chemical 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:
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.
The residue does not exceed the level that was authorized
at the time of the application or use to be present on the food under
an exemption from tolerance. Evidence to show that food
[[Page 45410]]
was lawfully treated may include records that verify the dates that the
pesticide chemical was applied to such food.
E. 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 one inert ingredient tolerance exemption
which is counted as a tolerance reassessment 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 a tolerance exemption
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. 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 Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
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 pesticide 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 (note also that revocation of these tolerances does not affect
entities selling or distributing commodities containing only pesticide
residues that are not subject to these tolerances). 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 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 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 26, 2006.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR part 180 is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
[[Page 45411]]
Authority: 21 U.S.C. 321(q), 346a and 371.
0
2. In Sec. 180.920, the table is amended by revising the following
inert ingredient to read as follows:
Sec. 180.920 Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.
* * * * *
------------------------------------------------------------------------
Inert ingredients Limits Uses
------------------------------------------------------------------------
* * * * *
Mono- and bis-(1H, 1H, 2H, 2H- Not more than 0.5% Surfactant,
perfluoroalkyl) phosphates of pesticide related adjvants
where the alkyl group is even formulation. of surfactants
numbered and in the C6-C12 Expires February
range. 9, 2008.
* * * * *
------------------------------------------------------------------------
[FR Doc. E6-12541 Filed 8-8-06; 8:45 am]
BILLING CODE 6560-50-S