Labeling of Pesticide Products and Devices for Export; Clarification of Requirements, 4073-4078 [2013-01055]

Download as PDF 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).) emcdonald on DSK67QTVN1PROD with 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] 14:08 Jan 17, 2013 Jkt 229001 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 VerDate Mar<15>2010 4073 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 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: E:\FR\FM\18JAR1.SGM 18JAR1 4074 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations (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. emcdonald on DSK67QTVN1PROD with 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.’’ VerDate Mar<15>2010 14:08 Jan 17, 2013 Jkt 229001 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 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 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 E:\FR\FM\18JAR1.SGM 18JAR1 emcdonald on DSK67QTVN1PROD with Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 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. VerDate Mar<15>2010 14:08 Jan 17, 2013 Jkt 229001 4075 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). PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 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 E:\FR\FM\18JAR1.SGM 18JAR1 4076 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations emcdonald on DSK67QTVN1PROD with 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 VerDate Mar<15>2010 14:08 Jan 17, 2013 Jkt 229001 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 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 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. E:\FR\FM\18JAR1.SGM 18JAR1 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 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: ■ ■ VerDate Mar<15>2010 14:08 Jan 17, 2013 Jkt 229001 § 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 PO 00000 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; E:\FR\FM\18JAR1.SGM 18JAR1 4078 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