Labeling of Pesticide Products and Devices for Export; Clarification of Requirements, 4073-4078 [2013-01055]
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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. section 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 the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 19, 2013.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Particulate matter, Reporting
and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: February 8, 2012.
James B. Martin,
Regional Administrator, Region 8.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR part 52 is amended to read as
follows:
[EPA–HQ–OPP–2009–0607; FRL–9360–8]
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40 CFR Parts 9 and 168
PART 52—[AMENDED]
RIN 2070–AJ53
1. The authority citation for part 52
continues to read as follows:
Labeling of Pesticide Products and
Devices for Export; Clarification of
Requirements
■
Authority: 42 U.S.C. 7401 et seq.
Subpart TT—Utah
2. Section 52.2320 is amended by
adding paragraph (c)(72) to read as
follows:
■
§ 52.2320
Identification of plan.
*
*
*
*
*
(c) * * *
(72) On May 26, 2011 and September
29, 2011, the State of Utah submitted
revisions to its State Implementation
Plan to incorporate the smoke
management requirements of the
regional haze program.
(i) Incorporation by reference.
(A) Title R307 of the Utah
Administrative Code—Environmental
Quality, Air Quality, Rule R307–204—
Emission Standards: Smoke
Management, sections -1, Purpose and
Goals, and -2, Applicability. Effective
December 31, 2003; as published in the
Utah State Bulletin October 1, 2003 and
January 15, 2004.
(B) Title R307 of the Utah
Administrative Code—Environmental
Quality, Air Quality, Rule R307–204—
Emission Standards: Smoke
Management, section -4, General
Requirements. Effective April 7, 2006;
as published in the Utah State Bulletin
March 1, 2006 and May 1, 2006.
(C) Title R307 of the Utah
Administrative Code, Rule R307–204—
Environmental Quality, Air Quality,
Rule R307–204—Emission Standards:
Smoke Management, sections -3,
Definitions, -5, Burn Schedule, -6, Small
Prescribed Fires (de minimis), -7, Small
Prescribed Pile Fires (de minimis), -8,
Large Prescribed Fires, -9, Large
Prescribed Pile Fires, and -10,
Requirements for Wildland Fire Use
Events. Effective July 7, 2011; as
published in the Utah State Bulletin
May 1, 2011 and August 1, 2011.
(ii) Additional materials.
(A) Section XX.G of the Utah Regional
Haze State Implementation Pan.
Effective April 7, 2011. Published in the
Utah State Bulletin February 1, 2011.
[FR Doc. 2013–00362 Filed 1–17–13; 8:45 am]
BILLING CODE 6560–50–P
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Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is revising the
regulations on the labeling of pesticide
products and devices intended solely
for export. Specifically, EPA is
restructuring the current regulations to
clarify which provisions apply under
various circumstances. EPA is also
increasing specificity in the regulations
by requiring that people who transfer
unregistered pesticide products between
registered establishments operated by
the same producer within the United
States must also comply with the
requirements of this part if those
products are intended solely for export
at the time of such transfer. EPA
believes that this requirement is
necessary to ensure appropriate
handling of such products as they move
in commerce before they actually leave
the United States.
DATES: This final rule is effective March
19, 2013. The compliance date for the
requirement to label unregistered
pesticide products intended solely for
export that are being shipped between
registered establishments operated by
the same producer is January 21, 2014.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2009–0607, is
available either at https://
www.regulations.gov, or at the OPP
Docket in the Environmental Protection
Agency Docket Center (EPA/DC),
located in EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20460. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Vera
Au, Field and External Affairs Division,
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
SUMMARY:
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(703) 308–9069; fax number: (703) 305–
5884; email address: au.vera@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. What action is the agency taking?
The Agency is revising the regulations
on the labeling of pesticide products
and devices intended solely for export.
The revisions will clarify the labeling
requirements and assist in compliance.
Unregistered pesticide products that are
intended solely for export but that are
shipped between registered
establishments in the United States
operated by the same producer under 40
CFR 152.30(a) must comply with the
labeling requirements in 40 CFR part
168.
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B. What is the agency’s authority for
taking this action?
EPA is authorized under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA), 7 U.S.C. 136 et seq., to
regulate the sale, distribution, and use
of pesticide products and devices
through a licensing (registration)
scheme. This action is issued under the
authority of section 25(a) of FIFRA, 7
U.S.C. 136w(a), to carry out the
provisions of section 17(a) of FIFRA, 7
U.S.C. 136o(a).
In addition, because it is recognized
that regulations written in a clear and
easily readable style can save time and
effort for the federal government and for
persons affected by the regulation,
agencies are specifically directed to use
plain language in writing or revising
regulations. For example, Executive
Order 12866, entitled Regulatory
Planning and Review (58 FR 51735,
October 4, 1993), says that regulations
must be ‘‘simple and easy to
understand, with the goal of minimizing
uncertainty and litigation * * *’’ (Sec.
1, Par. (b)(12)). Executive Order 12988,
entitled Civil Justice Reform (61 FR
4729, February 7, 1996), requires
agencies that are reviewing existing
regulations take the necessary steps to
eliminate drafting errors and ambiguity,
minimize potential litigation, and
provide a clear legal standard for
affected conduct. The Plain Writing Act
of 2010, 5 U.S.C. 301 note, requires
Federal agencies to use ‘‘clear
government communication that the
public can understand and use.’’
Executive Order 13563, entitled
Improving Regulation and Regulatory
Review (76 FR 3821, January 21, 2011),
states that ‘‘[our regulatory system] must
ensure that regulations are accessible,
consistent, written in plain language,
and easy to understand.’’
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C. Does this action apply to me?
You may be potentially affected by
this action if you export a pesticide
product, a pesticide device, or an active
ingredient used in producing a
pesticide. The inclusion of North
American Industrial Classification
System (NAICS) codes is not intended
to be exhaustive, but rather provides a
guide to help readers determine whether
this document might apply to them.
Potentially affected entities may
include, but are not limited to: Pesticide
and other agricultural chemical
manufacturing (NAICS code 325320),
e.g., Pesticides manufacturing,
Insecticides manufacturing, Herbicides
manufacturing, Fungicides
manufacturing, etc.
D. What are the incremental costs and
benefits of this action?
EPA did not quantify the potential
costs or benefits from these revisions,
which are qualitatively discussed in this
unit. EPA has determined that there are
minimal costs for industry to comply
with the requirement that the
unregistered pesticide product or device
intended solely for export that is
shipped between registered
establishments operated by the same
producer must be labeled in compliance
with 40 CFR part 168, particularly the
required statement ‘‘Not Registered for
Use in the United States.’’ This
determination was made given that most
of the labeling requirements for export
pesticide products already appear in
other existing requirements, and the
burden of adding the additional
statement to unregistered products or
devices intended solely for export that
are shipped between registered
establishments operated by the same
producer would be negligible. EPA
believes that this labeling change may
be easily accomplished using commonly
available word processing software; in
addition, this label change does not
require label submission to or approval
by EPA, and shall be phased in as part
of normal business operations. As such,
EPA has concluded that the per firm
and industry level impact of the rule is
not significant.
Benefits are derived from the
additional protection of public health
and the environment that may result
from ensuring appropriate handling of
such unregistered pesticide products as
they move in commerce before they
actually leave the United States.
Requiring that unregistered pesticide
products and devices intended solely
for export that are shipped between
establishments operated by the same
producer be labeled according to the
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current regulations in § 168.65, prevents
them from inadvertently entering the
U.S. market and provides compliance
assistance. This requirement further
protects public health and the
environment by ensuring safe and
appropriate handling of such products
as they move in commerce before they
actually leave the United States.
II. Background
A. Summary of the Proposed Rule
EPA published a notice in the Federal
Register of April 6, 2011 (76 FR 18995)
proposing to revise the regulations on
labeling of pesticide products and
devices intended solely for export. EPA
proposed to include a specific
indication that these requirements also
apply to unregistered pesticide products
intended solely for export when they are
shipped between registered
establishments in the United States
operated by the same producer
according to 40 CFR 152.30(a) before
they are actually exported from the
United States.
B. Public Comments on the Proposed
Rule
EPA has considered the comments
received on the proposed rule, and
provided responses in a Response to
Comments document, which is available
in the docket for this rule under
document ID No. EPA–HQ–OPP–2009–
0607–0015. Only the key comments and
the Agency’s responses are discussed in
this rule.
1. Labeling terms. Commenters called
attention to inconsistencies in the use of
the terms ‘‘label,’’ ‘‘labeling,’’ and
‘‘supplemental labeling’’ in the
proposed regulations. EPA has revised
the regulatory text according to the
definitions of these terms in FIFRA
section 2(p) to eliminate the
inconsistencies.
2. Foreign language labeling.
Commenters indicated that the
proposed regulations addressing foreign
languages on labeling did not explicitly
allow for an exception when the
predominant or official language of the
importing country is English. The
regulatory text has been revised so that
labeling text is only required to appear
in a foreign language if English is not
the predominant or official language in
the importing country, as well as the
country of final destination, if known.
3. Formulation modifications. One
commenter supported EPA’s proposal to
remove the list of formulation
modifications and allow a broader range
of changes that can be made to a
registered pesticide product intended
solely for export while it may still be
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considered to be ‘‘registered’’ for
purposes of section 17(a) of FIFRA, i.e.
any changes that are permitted under
notification or non-notification. The
Pesticide Registration Manual and the
Pesticide Registration Notice 98–10
provide more information and guidance
on the permitted changes.
4. Human hazard and precautionary
statements. One commenter disagreed
with the use of ‘‘appropriate’’ and
‘‘inappropriate’’ in the description of
the statements; EPA had selected those
terms because a literal translation of the
U.S. human health and precautionary
statements might not convey the correct
level of caution in the importing
country. EPA has revised the regulatory
text to require ‘‘true and accurate’’
translations of the English statements in
the human hazard and precautionary
statements.
5. Amplification of the phrase ‘‘Not
Registered for Use in the United States.’’
Several commenters assumed that
amplification of the phrase was required
and maintained such amplification was
not necessary. EPA agrees that the
phrase ‘‘Not Registered for Use in the
United States,’’ a FIFRA requirement for
unregistered pesticide products, is
sufficient to comply with this rule if the
exporting company prefers not to use
any further optional amplification.
Another commenter suggested that
including the phrase on device labeling
would create a competitive
disadvantage in the marketplace.
However, EPA believes that the ability
to include explanatory text such as
‘‘because pesticide devices are not
required to be registered’’ should
resolve this potential concern.
6. Shipping between registered
establishments operated by the same
producer. Several commenters
discussed potential problems associated
with the proposed requirement that
when unregistered pesticide products
intended solely for export are shipped
between registered establishments
operated by the same producer, the
products are required to have labeling
that complies with 40 CFR part 168.
One issue raised by a commenter related
to the many steps in the production
process for pesticide products. One
commenter suggested the new
requirement be added to 40 CFR 152.30
instead of part 168 while another
believed the new requirement was not
even necessary. After considering the
comments, EPA believes that it is more
appropriate to retain the new
requirement in § 168.70 instead of
adding it to 40 CFR 152.30.
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III. The Final Rule
B. Paperwork Reduction Act (PRA)
With the exception of the
modifications discussed in the previous
unit, EPA is finalizing the rule in
essentially the same form as the
proposed rule. This rule will clarify,
restructure, add specificity to the
current regulations and will also add an
extra margin of safety when shipments
of unregistered pesticides and devices
that are intended solely for export move
between registered establishments
operated by the same producer prior to
being exported. The regulations at 40
CFR 152.30(a) currently allow the
transfer of an unregistered pesticide
between registered establishments
operated by the same producer, and
require the transferor to follow the
labeling requirements in 40 CFR part
156. EPA believes that requiring the
registration status information from 40
CFR 168.70(b)(3) on the label when such
products are intended solely for export
at the time of the transfer will result in
safer and more appropriate handling
and distribution of unregistered
pesticide products and devices. EPA
also believes that this requirement will
help to prevent unregistered pesticide
products and devices intended solely
for export from inadvertently entering
the U.S. market.
This action does not impose any new
significant information collection
burden that would require additional
review or approval by OMB under the
PRA, 44 U.S.C. 3501 et seq. The
information collection requirements
contained in the existing regulations (40
CFR 168.65), are already approved by
OMB under OMB control number 2070–
0027 (EPA ICR No. 0161); since there is
no new significant burden, it was not
necessary to amend the ICR. Burden is
defined at 5 CFR 1320.3(b). An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. The OMB control numbers for
EPA’s regulations in Title 40 are
displayed in the Federal Register and
are listed in 40 CFR part 9.
IV. FIFRA Review Requirements
In accordance with FIFRA section
25(a), EPA submitted a draft of this final
rule to the FIFRA Scientific Advisory
Panel (SAP), the Secretary of
Agriculture (USDA), and appropriate
Congressional Committees. The FIFRA
SAP waived its review of this final rule
on June 7, 2012 because this action is
administrative and does not contain
scientific issues that require the FIFRA
SAP’s consideration. USDA waived the
opportunity to review the final rule on
June 19, 2012 because clarification and
restructuring of the current regulations
are administrative actions with no
scientific or policy issues.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and was therefore not
submitted to the Office of Management
and Budget for review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
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C. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601 et seq.,
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act, 5 U.S.C.
551–553, or any other statute unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Small entities include small businesses,
small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts
of today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201. A small business that
manufactures pesticides and other
agricultural chemicals as defined by
NAICS code 325320 has 500 or fewer
employees (based on the Small Business
Administration size standards); (2) a
small governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field. The small entities
directly regulated by this final rule are
small manufacturers of pesticides which
export unregistered pesticide products
or devices.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
EPA has determined that the cost is
minimal to comply with the
requirement that an unregistered
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pesticide product intended solely for
export that is transferred between
registered establishments under
§ 152.30(a) must be labeled with the
statement ‘‘Not Registered for Use in the
United States.’’ This is because existing
requirements already call for labeling
that includes most of the provisions in
40 CFR part 168, and the burden of
adding the additional statement in that
limited context would be negligible.
EPA believes this labeling change may
be easily accomplished using commonly
available word processing software; in
addition, this label change does not
require label submission to or approval
by EPA, and can be phased in as part
of normal business operations by
January 21, 2014. EPA concluded that
the per firm and industry level impact
of the final rule is insignificant.
EPA believes that increasing the
specificity of the current regulations
will minimally affect all manufacturers
of pesticide products and devices
intended solely for export, not just those
manufacturers that are small entities.
The more specific indication that ‘‘Not
Registered for Use in the United States’’
will be required for unregistered
pesticide products and devices intended
solely for export that are shipped
between establishments operated by the
same producer; this is the identical
labeling information that is already
required before an unregistered
pesticide product or device intended
solely for export is in fact exported to
another country.
D. Unfunded Mandates Reform Act
(UMRA)
This action contains no Federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for State, local or tribal
governments or the private sector. This
action imposes no enforceable duty on
any State, local or tribal governments or
the private sector because the action is
expected to only affect producers,
transporters, formulators, packagers,
and exporters of unregistered pesticide
products and devices intended solely
for export and to not result in
expenditures of $100 million or more.
Since no State, local, or tribal
government is known to produce,
transport, formulate, package, or export
unregistered pesticide products or
devices, this rule is not expected to
affect State, local, and tribal
governments individually, much less in
the aggregate. Therefore, this action is
not subject to the requirements of
sections 202 or 205 of UMRA.
This action is also not subject to the
requirements of section 203 of UMRA
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because it contains no regulatory
requirements that might significantly or
uniquely affect small governments since
no small government is known to
produce, transport, formulate, package,
or export unregistered pesticide
products or devices.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not 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, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action contains
no regulatory requirements that might
affect State or local governments since
no State or local government is known
to produce, transport, formulate,
package, or export unregistered
pesticide products or devices. Thus,
Executive Order 13132 does not apply
to this action.
In the spirit of Executive Order 13132,
and consistent with EPA policy to
promote communications between EPA
and the State and local governments,
EPA specifically solicited comment on
the proposed action from State and local
officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000) because this action is expected to
only affect producers, transporters,
formulators, packagers, and exporters of
unregistered pesticide products and
devices. Since no Indian tribal
government is known to produce,
transport, formulate, package, or export
unregistered pesticide products or
devices, this action has no tribal
implications. Thus, Executive Order
13175 does not apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks, nor is it an ‘‘economically
significant regulatory action’’ as defined
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in Executive Order 12866. The
clarification and restructuring of current
regulations for the export of
unregistered pesticide products and
devices do not present a
disproportionate risk to children.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866 nor will it affect energy supply,
distribution, or use.
I. National Technology Transfer and
Advancement Act (NTTAA)
This action does not involve technical
standards that would require the
consideration of voluntary consensus
standards pursuant to NTTA section
12(d), Public Law No. 104–113, 12(d)
(15 U.S.C. 272 note). Thus, NTTAA does
not apply to this action.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it
increases the level of environmental
protection for all affected populations
without having any disproportionately
high and adverse human health or
environmental effects on any
population, including any minority or
low-income population.
The clarification and restructuring of
current regulations for the export of
unregistered pesticide products and
devices increases the level of
environmental protection for all affected
populations without having any
disproportionately high and adverse
human health or environmental effects
on any population, including any
minority or low-income population.
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VI. Congressional Review Act (CRA)
Pursuant to the CRA, 5 U.S.C. 801 et
seq., 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 action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Sec.
168.66 Labeling of pesticide products and
devices intended solely for export.
168.67 Definitions.
168.68 Applicability.
168.69 Registered export pesticide
products.
168.70 Unregistered export pesticide
products.
168.71 Export pesticide devices.
List of Subjects
(a) This subpart describes the labeling
requirements applicable to pesticide
products and devices that are intended
solely for export from the United States
under the provisions of FIFRA section
17(a). The requirements for pesticide
production reporting, recordkeeping
and inspection and purchaser
acknowledgement provisions can be
found in the following parts:
(1) Pesticide production reporting
requirements under FIFRA section 7 are
located in part 167 of this chapter (as
referenced in § 168.85(b));
(2) Recordkeeping and inspection
requirements under FIFRA section 8 are
located in part 169 of this chapter (as
referenced in § 168.85(a));
(3) Purchaser acknowledgement
statement provisions under FIFRA
section 17(a) are located in § 168.75.
(b) The labeling of pesticide products
and devices intended solely for export
must comply with the requirements in
§ 156.10(a)(4) of this chapter.
(c) The labeling of pesticide products
and devices intended solely for export
must comply with this regulation no
later than January 21, 2014.
40 CFR Part 9
Environmental protection,
Information collection requirements.
40 CFR Part 168
Environmental protection,
Administrative practice and procedure,
Advertising, Exports, Labeling,
Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 11, 2013.
James Jones,
Acting Assistant Administrator for Chemical
Safety and Pollution Prevention.
Therefore, 40 CFR chapter I is
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
§ 9.1
[Amended]
2. In the table to § 9.1, under the
center heading ‘‘Statements of
Enforcement Policies and
Interpretations,’’ remove the entire entry
for ‘‘168.65.’’
■
PART 168—[AMENDED]
3. The authority citation for part 168
continues to read as follows:
■
Authority: 7 U.S.C. 136–136y.
emcdonald on DSK67QTVN1PROD with
Subpart D—Export Policy and
Procedures for Exporting Pesticides
§ 168.65
[Removed and reserved]
5. Remove and reserve § 168.65.
6. Add § 168.66 through § 168.71 to
subpart D to read as follows:
■
■
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§ 168.67
Definitions.
Terms used in this subpart have the
same meanings as in the Act and as in
§ 152.3 of this chapter, unless otherwise
defined in this section.
Export pesticide device means a
device, as defined in FIFRA section
2(h), that is intended solely for export
from the United States to another
country.
Export pesticide product means a
pesticide product, as defined in § 152.3
of this chapter, that is intended solely
for export from the United States to
another country.
§ 168.68
4. Revise the heading for subpart D to
part 168 to read as follows:
■
§ 168.66 Labeling of pesticide products
and devices intended solely for export.
Applicability.
This subpart applies to all export
pesticide products and export pesticide
devices that are exported for any
purpose, including any research
purpose.
§ 168.69 Registered export pesticide
products.
(a) Each export pesticide product that
is registered under FIFRA section 3 or
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Frm 00063
Fmt 4700
Sfmt 4700
4077
FIFRA section 24(c) must bear labeling
approved by EPA for its registration and
comply with the requirements of
§ 168.66(b).
(b) For the purposes of this subpart,
a registered export pesticide product is
considered to be any of the following:
(1) A pesticide product of
composition, packaging and labeling as
described in its registration under
FIFRA section 3;
(2) A pesticide product that has been
modified in compliance with the
notification or non-notification
provisions of § 152.46 of this chapter,
and any associated procedures issued
under § 156.10(e) of this chapter,
regardless of whether such modification
has been made for the pesticide
product’s registration under FIFRA
section 3;
(3) A pesticide product initially
registered by a State under FIFRA
section 24(c), and whose Federal
registration has not been disapproved by
EPA under § 162.164 of this chapter.
(c) The text of the labeling of the
export pesticide product must be
provided in English and, if applicable,
the following foreign languages:
(1) The predominant or official
language of the country of final
destination, if known; and
(2) The predominant or official
language of the importing country.
§ 168.70 Unregistered export pesticide
products.
(a) Any export pesticide product that
does not meet the terms of § 168.69 is
an unregistered export pesticide product
for purposes of this subpart.
(b) Each unregistered export pesticide
product must bear labeling that
complies with all requirements of this
section and § 168.66(b).
(1) The labeling must comply with all
of the prominence and legibility
requirements of § 156.10(a)(2) of this
chapter.
(2) The labeling must comply with all
the language requirements in
§§ 168.69(c) and 156.10(a)(3) of this
chapter.
(3) The labeling must bear the
following information:
(i) The name and address of the
producer, in accordance with the
requirements of § 156.10(c) of this
chapter;
(ii) The net weight or measure of
contents, in accordance with the
requirements of § 156.10(d) of this
chapter;
(iii) The pesticide producing
establishment number, in accordance
with the requirements of § 156.10(f) of
this chapter;
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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations
(iv) An ingredients statement, in
accordance with the requirements of
§ 156.10(g) of this chapter, except that:
(A) The ingredients statement need
not appear in a second language besides
English if English is the official or
predominant language in the importing
country and the country of final
destination, if known; and
(B) An export pesticide product
intended solely for research and
development purposes, (and which
bears the statement ‘‘For research and
development purposes only. Not for
distribution, sale, or use,’’ or similar
language) may bear coded ingredient
information to protect confidentiality.
(v) Human hazard and precautionary
statements in accordance with the
requirements of subpart D of part 156 of
this chapter. The statements must be
true and accurate translations of the
English statements.
(vi) The statement ‘‘Not Registered for
Use in the United States of America,’’
which may be amplified by additional
statements accurately describing the
reason(s) why the export pesticide
product is not registered in the United
States, or is not registered for particular
uses in the United States.
(c) This section also applies to all
unregistered pesticide products and
devices that are intended solely for
export and that are transferred,
distributed, or sold between registered
establishments operated by the same
producer according to § 152.30(a) of this
chapter if:
(1) The transfer, distribution or sale
occurs between a point in the United
States and a point outside the United
States, or
(2) The transfer occurs within the
United States solely for the purpose of
export from the United States.
emcdonald on DSK67QTVN1PROD with
§ 168.71
Export pesticide devices.
(a) Each export pesticide device sold
or distributed anywhere in the United
States must bear labeling that complies
with all requirements of this section and
§ 168.66(b).
(b) The labeling of each export
pesticide device must meet all of the
prominence and legibility requirements
of § 156.10(a)(2) of this chapter.
(c) The labeling must also comply
with all the language requirements in
§ 168.69(c) and § 156.10(a)(3) of this
chapter.
(d) The labeling must bear the
following information:
(1) The name and address of the
producer, meeting the requirements of
§ 156.10(c) of this chapter;
VerDate Mar<15>2010
14:08 Jan 17, 2013
Jkt 229001
(2) The producing establishment
number, meeting the requirements of
§ 156.10(f) of this chapter;
(3) The statement ‘‘Not Registered for
Use in the United States of America,’’
which may be amplified by additional
statements describing the reason why
the export pesticide device is not
registered in the United States, such as
‘‘because pesticide devices are not
required to be registered in the United
States.’’
(e) An export pesticide device is not
required to bear an ingredients
statement.
[FR Doc. 2013–01055 Filed 1–17–13; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 11–38; RM–11621; DA 13–
9]
Radio Broadcasting Services;
Hebbronville, TX
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
The Audio Division, at the
request of Charles Crawford, substitutes
Channel 282A for vacant Channel 232A
at Hebbronville, Texas. The purpose of
the proposed channel substitution at
Hebbronville is to accommodate the
hybrid application, File No. BNPH–
20070502ADP, which requests the
substitution of Channel 232A for
Channel 282A at Benavides, Texas, and
modification of the new FM station.
Channel 282A can be allotted to
Hebbronville consistent with the
minimum distance separation
requirements of the Rules with a site
restriction 11 kilometers (6.8 miles)
northwest of the community. The
reference coordinates for Channel 282A
are 27–23–18 NL and 98–44–26 WL.
Channel 282A at Hebbronville is located
320 kilometers from the Mexican
Border. Although Mexican concurrence
has been requested, notification has not
been received. If a construction permit
for Channel 282A at Hebbronville,
Texas is granted prior to receipt of
formal concurrence by the Mexican
government, the authorization will
include the following condition:
‘‘Operation with the facilities specified
herein for Hebbronville, Texas, is
subject to modification, suspension, or
termination without right to hearing, if
found by the Commission to be
SUMMARY:
PO 00000
Frm 00064
Fmt 4700
Sfmt 9990
necessary in order to conform to the
Mexico-United States FM Broadcast
Agreement, or if specifically objected to
by the Government of Mexico.’’
DATES: Effective February 18, 2013.
ADDRESSES: Secretary, Federal
Communications Commission, 445 12th,
SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, adopted January 3, 2013, and
released January 4, 2013. The full text
of this Commission decision is available
for inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street SW.,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractors,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–378–3160 or via email
www.BCPIWEB.com. This document
does not contain proposed information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will send a copy of this Report and
Order in a report to be sent to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336
and 339.
§ 73.202
[Amended]
2. Section 73.202(b), the Table of FM
Allotments under Texas, is amended by
removing Channel 232A at
Hebbronville, and by adding Channel
282A at Hebbronville.
■
[FR Doc. 2013–01046 Filed 1–17–13; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4073-4078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01055]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 9 and 168
[EPA-HQ-OPP-2009-0607; FRL-9360-8]
RIN 2070-AJ53
Labeling of Pesticide Products and Devices for Export;
Clarification of Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is revising the regulations on the labeling of pesticide
products and devices intended solely for export. Specifically, EPA is
restructuring the current regulations to clarify which provisions apply
under various circumstances. EPA is also increasing specificity in the
regulations by requiring that people who transfer unregistered
pesticide products between registered establishments operated by the
same producer within the United States must also comply with the
requirements of this part if those products are intended solely for
export at the time of such transfer. EPA believes that this requirement
is necessary to ensure appropriate handling of such products as they
move in commerce before they actually leave the United States.
DATES: This final rule is effective March 19, 2013. The compliance date
for the requirement to label unregistered pesticide products intended
solely for export that are being shipped between registered
establishments operated by the same producer is January 21, 2014.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2009-0607, is available either at
https://www.regulations.gov, or at the OPP Docket in the Environmental
Protection Agency Docket Center (EPA/DC), located in EPA West, Room
3334, 1301 Constitution Ave. NW., Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Vera Au, Field and External Affairs
Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001;
telephone number:
[[Page 4074]]
(703) 308-9069; fax number: (703) 305-5884; email address:
au.vera@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. What action is the agency taking?
The Agency is revising the regulations on the labeling of pesticide
products and devices intended solely for export. The revisions will
clarify the labeling requirements and assist in compliance.
Unregistered pesticide products that are intended solely for export but
that are shipped between registered establishments in the United States
operated by the same producer under 40 CFR 152.30(a) must comply with
the labeling requirements in 40 CFR part 168.
B. What is the agency's authority for taking this action?
EPA is authorized under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq., to regulate the sale,
distribution, and use of pesticide products and devices through a
licensing (registration) scheme. This action is issued under the
authority of section 25(a) of FIFRA, 7 U.S.C. 136w(a), to carry out the
provisions of section 17(a) of FIFRA, 7 U.S.C. 136o(a).
In addition, because it is recognized that regulations written in a
clear and easily readable style can save time and effort for the
federal government and for persons affected by the regulation, agencies
are specifically directed to use plain language in writing or revising
regulations. For example, Executive Order 12866, entitled Regulatory
Planning and Review (58 FR 51735, October 4, 1993), says that
regulations must be ``simple and easy to understand, with the goal of
minimizing uncertainty and litigation * * *'' (Sec. 1, Par. (b)(12)).
Executive Order 12988, entitled Civil Justice Reform (61 FR 4729,
February 7, 1996), requires agencies that are reviewing existing
regulations take the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The Plain Writing Act of 2010, 5 U.S.C.
301 note, requires Federal agencies to use ``clear government
communication that the public can understand and use.'' Executive Order
13563, entitled Improving Regulation and Regulatory Review (76 FR 3821,
January 21, 2011), states that ``[our regulatory system] must ensure
that regulations are accessible, consistent, written in plain language,
and easy to understand.''
C. Does this action apply to me?
You may be potentially affected by this action if you export a
pesticide product, a pesticide device, or an active ingredient used in
producing a pesticide. The inclusion of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document might apply to them. Potentially affected entities may
include, but are not limited to: Pesticide and other agricultural
chemical manufacturing (NAICS code 325320), e.g., Pesticides
manufacturing, Insecticides manufacturing, Herbicides manufacturing,
Fungicides manufacturing, etc.
D. What are the incremental costs and benefits of this action?
EPA did not quantify the potential costs or benefits from these
revisions, which are qualitatively discussed in this unit. EPA has
determined that there are minimal costs for industry to comply with the
requirement that the unregistered pesticide product or device intended
solely for export that is shipped between registered establishments
operated by the same producer must be labeled in compliance with 40 CFR
part 168, particularly the required statement ``Not Registered for Use
in the United States.'' This determination was made given that most of
the labeling requirements for export pesticide products already appear
in other existing requirements, and the burden of adding the additional
statement to unregistered products or devices intended solely for
export that are shipped between registered establishments operated by
the same producer would be negligible. EPA believes that this labeling
change may be easily accomplished using commonly available word
processing software; in addition, this label change does not require
label submission to or approval by EPA, and shall be phased in as part
of normal business operations. As such, EPA has concluded that the per
firm and industry level impact of the rule is not significant.
Benefits are derived from the additional protection of public
health and the environment that may result from ensuring appropriate
handling of such unregistered pesticide products as they move in
commerce before they actually leave the United States. Requiring that
unregistered pesticide products and devices intended solely for export
that are shipped between establishments operated by the same producer
be labeled according to the current regulations in Sec. 168.65,
prevents them from inadvertently entering the U.S. market and provides
compliance assistance. This requirement further protects public health
and the environment by ensuring safe and appropriate handling of such
products as they move in commerce before they actually leave the United
States.
II. Background
A. Summary of the Proposed Rule
EPA published a notice in the Federal Register of April 6, 2011 (76
FR 18995) proposing to revise the regulations on labeling of pesticide
products and devices intended solely for export. EPA proposed to
include a specific indication that these requirements also apply to
unregistered pesticide products intended solely for export when they
are shipped between registered establishments in the United States
operated by the same producer according to 40 CFR 152.30(a) before they
are actually exported from the United States.
B. Public Comments on the Proposed Rule
EPA has considered the comments received on the proposed rule, and
provided responses in a Response to Comments document, which is
available in the docket for this rule under document ID No. EPA-HQ-OPP-
2009-0607-0015. Only the key comments and the Agency's responses are
discussed in this rule.
1. Labeling terms. Commenters called attention to inconsistencies
in the use of the terms ``label,'' ``labeling,'' and ``supplemental
labeling'' in the proposed regulations. EPA has revised the regulatory
text according to the definitions of these terms in FIFRA section 2(p)
to eliminate the inconsistencies.
2. Foreign language labeling. Commenters indicated that the
proposed regulations addressing foreign languages on labeling did not
explicitly allow for an exception when the predominant or official
language of the importing country is English. The regulatory text has
been revised so that labeling text is only required to appear in a
foreign language if English is not the predominant or official language
in the importing country, as well as the country of final destination,
if known.
3. Formulation modifications. One commenter supported EPA's
proposal to remove the list of formulation modifications and allow a
broader range of changes that can be made to a registered pesticide
product intended solely for export while it may still be
[[Page 4075]]
considered to be ``registered'' for purposes of section 17(a) of FIFRA,
i.e. any changes that are permitted under notification or non-
notification. The Pesticide Registration Manual and the Pesticide
Registration Notice 98-10 provide more information and guidance on the
permitted changes.
4. Human hazard and precautionary statements. One commenter
disagreed with the use of ``appropriate'' and ``inappropriate'' in the
description of the statements; EPA had selected those terms because a
literal translation of the U.S. human health and precautionary
statements might not convey the correct level of caution in the
importing country. EPA has revised the regulatory text to require
``true and accurate'' translations of the English statements in the
human hazard and precautionary statements.
5. Amplification of the phrase ``Not Registered for Use in the
United States.'' Several commenters assumed that amplification of the
phrase was required and maintained such amplification was not
necessary. EPA agrees that the phrase ``Not Registered for Use in the
United States,'' a FIFRA requirement for unregistered pesticide
products, is sufficient to comply with this rule if the exporting
company prefers not to use any further optional amplification. Another
commenter suggested that including the phrase on device labeling would
create a competitive disadvantage in the marketplace. However, EPA
believes that the ability to include explanatory text such as ``because
pesticide devices are not required to be registered'' should resolve
this potential concern.
6. Shipping between registered establishments operated by the same
producer. Several commenters discussed potential problems associated
with the proposed requirement that when unregistered pesticide products
intended solely for export are shipped between registered
establishments operated by the same producer, the products are required
to have labeling that complies with 40 CFR part 168. One issue raised
by a commenter related to the many steps in the production process for
pesticide products. One commenter suggested the new requirement be
added to 40 CFR 152.30 instead of part 168 while another believed the
new requirement was not even necessary. After considering the comments,
EPA believes that it is more appropriate to retain the new requirement
in Sec. 168.70 instead of adding it to 40 CFR 152.30.
III. The Final Rule
With the exception of the modifications discussed in the previous
unit, EPA is finalizing the rule in essentially the same form as the
proposed rule. This rule will clarify, restructure, add specificity to
the current regulations and will also add an extra margin of safety
when shipments of unregistered pesticides and devices that are intended
solely for export move between registered establishments operated by
the same producer prior to being exported. The regulations at 40 CFR
152.30(a) currently allow the transfer of an unregistered pesticide
between registered establishments operated by the same producer, and
require the transferor to follow the labeling requirements in 40 CFR
part 156. EPA believes that requiring the registration status
information from 40 CFR 168.70(b)(3) on the label when such products
are intended solely for export at the time of the transfer will result
in safer and more appropriate handling and distribution of unregistered
pesticide products and devices. EPA also believes that this requirement
will help to prevent unregistered pesticide products and devices
intended solely for export from inadvertently entering the U.S. market.
IV. FIFRA Review Requirements
In accordance with FIFRA section 25(a), EPA submitted a draft of
this final rule to the FIFRA Scientific Advisory Panel (SAP), the
Secretary of Agriculture (USDA), and appropriate Congressional
Committees. The FIFRA SAP waived its review of this final rule on June
7, 2012 because this action is administrative and does not contain
scientific issues that require the FIFRA SAP's consideration. USDA
waived the opportunity to review the final rule on June 19, 2012
because clarification and restructuring of the current regulations are
administrative actions with no scientific or policy issues.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and was
therefore not submitted to the Office of Management and Budget for
review under Executive Orders 12866 and 13563 (76 FR 3821, January 21,
2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new significant information
collection burden that would require additional review or approval by
OMB under the PRA, 44 U.S.C. 3501 et seq. The information collection
requirements contained in the existing regulations (40 CFR 168.65), are
already approved by OMB under OMB control number 2070-0027 (EPA ICR No.
0161); since there is no new significant burden, it was not necessary
to amend the ICR. Burden is defined at 5 CFR 1320.3(b). An agency may
not conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in Title
40 are displayed in the Federal Register and are listed in 40 CFR part
9.
C. Regulatory Flexibility Act (RFA)
The RFA, 5 U.S.C. 601 et seq., generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act, 5 U.S.C. 551-553, or any other statute unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201. A small business that manufactures pesticides and other
agricultural chemicals as defined by NAICS code 325320 has 500 or fewer
employees (based on the Small Business Administration size standards);
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. The small entities directly regulated by this
final rule are small manufacturers of pesticides which export
unregistered pesticide products or devices.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. EPA has
determined that the cost is minimal to comply with the requirement that
an unregistered
[[Page 4076]]
pesticide product intended solely for export that is transferred
between registered establishments under Sec. 152.30(a) must be labeled
with the statement ``Not Registered for Use in the United States.''
This is because existing requirements already call for labeling that
includes most of the provisions in 40 CFR part 168, and the burden of
adding the additional statement in that limited context would be
negligible. EPA believes this labeling change may be easily
accomplished using commonly available word processing software; in
addition, this label change does not require label submission to or
approval by EPA, and can be phased in as part of normal business
operations by January 21, 2014. EPA concluded that the per firm and
industry level impact of the final rule is insignificant.
EPA believes that increasing the specificity of the current
regulations will minimally affect all manufacturers of pesticide
products and devices intended solely for export, not just those
manufacturers that are small entities. The more specific indication
that ``Not Registered for Use in the United States'' will be required
for unregistered pesticide products and devices intended solely for
export that are shipped between establishments operated by the same
producer; this is the identical labeling information that is already
required before an unregistered pesticide product or device intended
solely for export is in fact exported to another country.
D. Unfunded Mandates Reform Act (UMRA)
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local or tribal governments or the private sector.
This action imposes no enforceable duty on any State, local or tribal
governments or the private sector because the action is expected to
only affect producers, transporters, formulators, packagers, and
exporters of unregistered pesticide products and devices intended
solely for export and to not result in expenditures of $100 million or
more. Since no State, local, or tribal government is known to produce,
transport, formulate, package, or export unregistered pesticide
products or devices, this rule is not expected to affect State, local,
and tribal governments individually, much less in the aggregate.
Therefore, this action is not subject to the requirements of sections
202 or 205 of UMRA.
This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments since no small
government is known to produce, transport, formulate, package, or
export unregistered pesticide products or devices.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This
action contains no regulatory requirements that might affect State or
local governments since no State or local government is known to
produce, transport, formulate, package, or export unregistered
pesticide products or devices. Thus, Executive Order 13132 does not
apply to this action.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and the State and local
governments, EPA specifically solicited comment on the proposed action
from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because this
action is expected to only affect producers, transporters, formulators,
packagers, and exporters of unregistered pesticide products and
devices. Since no Indian tribal government is known to produce,
transport, formulate, package, or export unregistered pesticide
products or devices, this action has no tribal implications. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks, nor is it an ``economically significant regulatory
action'' as defined in Executive Order 12866. The clarification and
restructuring of current regulations for the export of unregistered
pesticide products and devices do not present a disproportionate risk
to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866 nor will it affect energy supply, distribution,
or use.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards that would require
the consideration of voluntary consensus standards pursuant to NTTA
section 12(d), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note).
Thus, NTTAA does not apply to this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
The clarification and restructuring of current regulations for the
export of unregistered pesticide products and devices increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
[[Page 4077]]
VI. Congressional Review Act (CRA)
Pursuant to the CRA, 5 U.S.C. 801 et seq., 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 action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Information collection requirements.
40 CFR Part 168
Environmental protection, Administrative practice and procedure,
Advertising, Exports, Labeling, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: January 11, 2013.
James Jones,
Acting Assistant Administrator for Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 9--[AMENDED]
0
1. The authority citation for part 9 continues to read as follows:
Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 31 U.S.C. 9701;
33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330,
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g,
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2,
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542,
9601-9657, 11023, 11048.
Sec. 9.1 [Amended]
0
2. In the table to Sec. 9.1, under the center heading ``Statements of
Enforcement Policies and Interpretations,'' remove the entire entry for
``168.65.''
PART 168--[AMENDED]
0
3. The authority citation for part 168 continues to read as follows:
Authority: 7 U.S.C. 136-136y.
0
4. Revise the heading for subpart D to part 168 to read as follows:
Subpart D--Export Policy and Procedures for Exporting Pesticides
Sec. 168.65 [Removed and reserved]
0
5. Remove and reserve Sec. 168.65.
0
6. Add Sec. 168.66 through Sec. 168.71 to subpart D to read as
follows:
Sec.
168.66 Labeling of pesticide products and devices intended solely
for export.
168.67 Definitions.
168.68 Applicability.
168.69 Registered export pesticide products.
168.70 Unregistered export pesticide products.
168.71 Export pesticide devices.
Sec. 168.66 Labeling of pesticide products and devices intended
solely for export.
(a) This subpart describes the labeling requirements applicable to
pesticide products and devices that are intended solely for export from
the United States under the provisions of FIFRA section 17(a). The
requirements for pesticide production reporting, recordkeeping and
inspection and purchaser acknowledgement provisions can be found in the
following parts:
(1) Pesticide production reporting requirements under FIFRA section
7 are located in part 167 of this chapter (as referenced in Sec.
168.85(b));
(2) Recordkeeping and inspection requirements under FIFRA section 8
are located in part 169 of this chapter (as referenced in Sec.
168.85(a));
(3) Purchaser acknowledgement statement provisions under FIFRA
section 17(a) are located in Sec. 168.75.
(b) The labeling of pesticide products and devices intended solely
for export must comply with the requirements in Sec. 156.10(a)(4) of
this chapter.
(c) The labeling of pesticide products and devices intended solely
for export must comply with this regulation no later than January 21,
2014.
Sec. 168.67 Definitions.
Terms used in this subpart have the same meanings as in the Act and
as in Sec. 152.3 of this chapter, unless otherwise defined in this
section.
Export pesticide device means a device, as defined in FIFRA section
2(h), that is intended solely for export from the United States to
another country.
Export pesticide product means a pesticide product, as defined in
Sec. 152.3 of this chapter, that is intended solely for export from
the United States to another country.
Sec. 168.68 Applicability.
This subpart applies to all export pesticide products and export
pesticide devices that are exported for any purpose, including any
research purpose.
Sec. 168.69 Registered export pesticide products.
(a) Each export pesticide product that is registered under FIFRA
section 3 or FIFRA section 24(c) must bear labeling approved by EPA for
its registration and comply with the requirements of Sec. 168.66(b).
(b) For the purposes of this subpart, a registered export pesticide
product is considered to be any of the following:
(1) A pesticide product of composition, packaging and labeling as
described in its registration under FIFRA section 3;
(2) A pesticide product that has been modified in compliance with
the notification or non-notification provisions of Sec. 152.46 of this
chapter, and any associated procedures issued under Sec. 156.10(e) of
this chapter, regardless of whether such modification has been made for
the pesticide product's registration under FIFRA section 3;
(3) A pesticide product initially registered by a State under FIFRA
section 24(c), and whose Federal registration has not been disapproved
by EPA under Sec. 162.164 of this chapter.
(c) The text of the labeling of the export pesticide product must
be provided in English and, if applicable, the following foreign
languages:
(1) The predominant or official language of the country of final
destination, if known; and
(2) The predominant or official language of the importing country.
Sec. 168.70 Unregistered export pesticide products.
(a) Any export pesticide product that does not meet the terms of
Sec. 168.69 is an unregistered export pesticide product for purposes
of this subpart.
(b) Each unregistered export pesticide product must bear labeling
that complies with all requirements of this section and Sec.
168.66(b).
(1) The labeling must comply with all of the prominence and
legibility requirements of Sec. 156.10(a)(2) of this chapter.
(2) The labeling must comply with all the language requirements in
Sec. Sec. 168.69(c) and 156.10(a)(3) of this chapter.
(3) The labeling must bear the following information:
(i) The name and address of the producer, in accordance with the
requirements of Sec. 156.10(c) of this chapter;
(ii) The net weight or measure of contents, in accordance with the
requirements of Sec. 156.10(d) of this chapter;
(iii) The pesticide producing establishment number, in accordance
with the requirements of Sec. 156.10(f) of this chapter;
[[Page 4078]]
(iv) An ingredients statement, in accordance with the requirements
of Sec. 156.10(g) of this chapter, except that:
(A) The ingredients statement need not appear in a second language
besides English if English is the official or predominant language in
the importing country and the country of final destination, if known;
and
(B) An export pesticide product intended solely for research and
development purposes, (and which bears the statement ``For research and
development purposes only. Not for distribution, sale, or use,'' or
similar language) may bear coded ingredient information to protect
confidentiality.
(v) Human hazard and precautionary statements in accordance with
the requirements of subpart D of part 156 of this chapter. The
statements must be true and accurate translations of the English
statements.
(vi) The statement ``Not Registered for Use in the United States of
America,'' which may be amplified by additional statements accurately
describing the reason(s) why the export pesticide product is not
registered in the United States, or is not registered for particular
uses in the United States.
(c) This section also applies to all unregistered pesticide
products and devices that are intended solely for export and that are
transferred, distributed, or sold between registered establishments
operated by the same producer according to Sec. 152.30(a) of this
chapter if:
(1) The transfer, distribution or sale occurs between a point in
the United States and a point outside the United States, or
(2) The transfer occurs within the United States solely for the
purpose of export from the United States.
Sec. 168.71 Export pesticide devices.
(a) Each export pesticide device sold or distributed anywhere in
the United States must bear labeling that complies with all
requirements of this section and Sec. 168.66(b).
(b) The labeling of each export pesticide device must meet all of
the prominence and legibility requirements of Sec. 156.10(a)(2) of
this chapter.
(c) The labeling must also comply with all the language
requirements in Sec. 168.69(c) and Sec. 156.10(a)(3) of this chapter.
(d) The labeling must bear the following information:
(1) The name and address of the producer, meeting the requirements
of Sec. 156.10(c) of this chapter;
(2) The producing establishment number, meeting the requirements of
Sec. 156.10(f) of this chapter;
(3) The statement ``Not Registered for Use in the United States of
America,'' which may be amplified by additional statements describing
the reason why the export pesticide device is not registered in the
United States, such as ``because pesticide devices are not required to
be registered in the United States.''
(e) An export pesticide device is not required to bear an
ingredients statement.
[FR Doc. 2013-01055 Filed 1-17-13; 8:45 am]
BILLING CODE 6560-50-P
