Labeling of Pesticide Products and Devices for Export; Clarification of Requirements, 75752-75754 [2014-29787]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Rules and Regulations]
[Pages 75752-75754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29787]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 168

[EPA-HQ-OPP-2009-0607; FRL-9919-63]
RIN 2070-AJ53


Labeling of Pesticide Products and Devices for Export; 
Clarification of Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revising the regulations that pertain to the labeling 
of pesticide products and devices that are intended solely for export. 
Pesticide products and devices intended solely for export will be able 
to meet the Agency's export labeling requirements by attaching a label 
to the immediate product container or by providing collateral labeling 
that is either attached to the immediate product being exported or that 
accompanies the shipping container of the product being exported at all 
times when it is shipped or held for shipment in the United States. 
Collateral labeling will ensure the availability of the required 
labeling information, while allowing pesticide products and devices 
that are intended solely for export to be labeled for use in, and 
consistent with the applicable requirements of the importing country.

DATES: This final rule is effective February 17, 2015.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2009-0607, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. 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: Kathryn Boyle, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 305-6304; email address: 
boyle.kathryn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action affect 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 following list 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 applies 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.

B. What is the agency's authority for taking this action?

    This action is issued under the authority of section 25(a) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 
136w(a), to carry out the provisions of FIFRA section 17(a), 7 U.S.C. 
136o(a).

C. What action is the agency taking?

    EPA is revising the regulations that pertain to the labeling of 
pesticide products and devices that are intended solely for export. 
Pesticide products and devices intended solely for export will be able 
to meet the Agency's labeling requirements by attaching a label to the 
immediate product container or by providing collateral labeling that 
either is attached to the immediate product being exported or 
accompanies the shipping container of the product being exported at all 
times when it is shipped or held for shipment in the United States. 
Collateral labeling will ensure the availability of the required 
labeling information, while allowing pesticide products and devices 
that are intended solely for export to be labeled for use in and 
consistent with the applicable requirements of the importing country.

D. What are the impacts of this action?

    There are no costs associated with this action, and the benefits 
provided are related to avoiding potential costs. Without these 
labeling provisions, registrants would be required to place export-
related labeling on the immediate package of each individual pesticide 
product in a shipping container that is intended solely for export. 
According to stakeholders, the inability to use the labeling method 
allowed before the regulations were amended in 2013 could significantly 
increase their costs and create trade barriers.

II. Background

    In the Federal Register of January 18, 2013 (78 FR 4073) (FRL-9360-
8), EPA published a final rule to revise its export label regulations, 
in 40 CFR part 168, subpart D, concerning the labeling of pesticide 
products and devices intended solely for export. The revisions were 
effective on March 19, 2013, with a compliance date of January 21, 
2014.
    Industry stakeholders subsequently expressed concern to EPA that 
certain labeling provisions allowing the use of ``supplemental 
labeling'' had been removed from this subpart, and that the inability 
of registrants to use the labeling method allowed in the previous 
regulations could create trade barriers and increase costs. EPA agreed 
and in the Federal Register of April 30, 2014 (79 FR 24347) (FRL-9909-
82), published a direct final rule to replace the provision that was 
inadvertently removed. Since EPA received written adverse comment on 
the direct final rule, EPA withdrew that direct final rule in the 
Federal Register of July 11, 2014 (79 FR 39975) (FRL-9913-18) and in 
the same Federal Register issue published a proposed rule (79 FR 40040) 
(FRL-9913-19) seeking to make the same changes.
    In the proposed rule entitled ``Labeling of Pesticide Products and 
Devices for Export; Clarification of Requirements,'' EPA proposed to 
restore the inadvertently eliminated provisions that allowed exporters 
to use such ``collateral labeling'' attached to, or accompanying, the 
product shipping container of the export pesticide at all times when 
shipped or held for shipment in the United States. (As EPA explained in 
the direct final rule, the term ``collateral labeling'' is more 
appropriate than ``supplemental labeling'' to describe the materials 
other than labels that are acceptable for meeting these requirements.) 
Additionally, the document proposed to restructure 40 CFR part 168, 
subpart D, by moving the text in Sec.  168.68 and some of the text in 
Sec.  168.66 to new Sec.  168.65.
    The public comment period closed on August 11, 2014. EPA received 
four comments. Three commenters stated their support for finalizing the 
proposal. Another commenter stated that ``transporting dangerous 
substances across any part of the U.S. without

[[Page 75753]]

labeling each of the individual containers is asking for a 
catastrophe.''
    Apparently this commenter mistakenly assumes that there would be no 
information at all on individual containers of export pesticides that 
are transported in bulk with collateral labeling. This is not the case. 
Under FIFRA section 17(a)(1), export pesticides must be prepared or 
packed according to the specifications or directions of the foreign 
purchaser. This means that individual containers of export pesticides 
will still be labeled in accordance with the requirements of the 
importing country. The change being made to EPA's regulations will only 
apply to information that is required by EPA regulations, but that is 
not relevant to distribution of the product in the importing country. 
Because collateral labeling must be attached to or must accompany a 
shipment at all times, EPA believes that the information contained in 
that labeling will be accessible during transport in the United States, 
while avoiding any potential conflicts with labeling requirements in 
the importing country.
    After considering the comments received, EPA has determined no 
changes are needed and is finalizing the regulatory text as proposed.

III. FIFRA Review Requirements

    In accordance with FIFRA section 25(a), EPA submitted a draft of 
the final rule to the Secretary of Agriculture (USDA), the FIFRA 
Scientific Advisory Panel (SAP), and the appropriate Congressional 
committees. On November 3, 2014, the FIFRA SAP waived its review of 
this final rule. On November 3, 2014, USDA waived review of this final 
rule, because this action merely ``corrects the regulatory text and 
concerns no policy or scientific actions.''

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This rule is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and was 
not, therefore, submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 and 13563 (76 FR 3821, January 
21, 2011).

B. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct 
or sponsor, and a person is not required to respond to a collection of 
information that requires OMB approval under PRA, unless it has been 
approved by OMB and displays a currently valid OMB control number. The 
OMB control numbers for EPA regulations in title 40 of the CFR, after 
appearing in the Federal Register, are listed in 40 CFR part 9, and 
included on the related collection instrument or form, as applicable
    The information collection requirements associated with reporting 
under 40 CFR 168 have already been approved by OMB pursuant to PRA 
under OMB control number 2070-0027 (EPA ICR No. 0161). This rule is not 
expected to involve an increase in information collection activities. 
There are no additional burdens imposed by this rule that requires 
additional review or approval by OMB.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under RFA, 5 U.S.C. 
601 et seq. In making this determination, the impact of concern is any 
significant adverse economic impact on small entities, because the 
primary purpose of an initial regulatory flexibility analysis is to 
identify and address regulatory alternatives ``which minimize any 
significant economic impact of the rule on small entities'' 5 U.S.C. 
603. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule has no net burden effect on the small entities subject to 
the rule. As indicated previously, EPA is restoring a provision that 
was inadvertently removed from the regulation. We have therefore 
concluded that this action will have no net regulatory burden for all 
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
State, local or Tribal governments, because no State, local, or Tribal 
government is known to produce, transport, formulate, package, or 
export unregistered pesticide products or devices. As indicated 
previously, EPA is restoring a provision that was inadvertently removed 
from the regulation.

E. Executive Order 13132: Federalism

    This action will not have substantial direct effect on States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications because it 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. 
Accordingly, the requirements of Executive Order 13175 (65 FR 67249, 
November 9, 2000) do not apply.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because this action does not address environmental 
health or safety risks disproportionately affecting 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 this action is not expected to affect energy 
supply, distribution, or use.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA 
section 12(d), 15 U.S.C. 272 note, does not apply.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action 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. As such, this

[[Page 75754]]

action does not entail special considerations of environmental justice 
related issues as delineated by Executive Order 12898 (59 FR 7629, 
February 16, 1994).

V. Congressional Review Act

    Pursuant to the Congressional Review Act, 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 in 40 CFR Part 168

    Environmental protection, Administrative practice and procedure, 
Advertising, Exports, Labeling, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: December 12, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 168--[AMENDED]

0
1. The authority citation for part 168 continues to read as follows:

    Authority: 7 U.S.C. 136-136y.


0
2. Revise the heading for subpart D to part 168 to read as follows:

Subpart D--Procedures for Exporting Pesticides

0
3. Add Sec.  168.65 to subpart D to read as follows:


Sec.  168.65  Applicability.

    (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).
    (b) This subpart applies to all export pesticide products and 
export pesticide devices that are exported for any purpose, including 
research.
    (c) Export pesticide products and export pesticide devices are also 
subject to requirements for pesticide production reporting, 
recordkeeping and inspection, and purchaser acknowledgement provisions 
that 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.

0
4. Revise Sec.  168.66 to read as follows:


Sec.  168.66  Labeling of pesticide products and devices for export.

    Any label and labeling information requirements in Sec. Sec.  
168.69, 168.70, and 168.71 that are not met fully on the product label 
attached to the immediate product container may be met by collateral 
labeling that is either:
    (a) Attached to the immediate product (container label); or
    (b) Attached to or accompanies the shipping container of the export 
pesticide or export device at all times when it is shipped or held for 
shipment in the United States.


Sec.  168.68  [Removed and Reserved]

0
5. Remove and reserve Sec.  168.68.

0
6. In Sec.  168.69, revise paragraph (a) to read as follows:


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 or collateral labeling in compliance with Sec.  
168.66.
* * * * *

0
7. In Sec.  168.70, revise the introductory text of paragraph (b) to 
read as follows:


Sec.  168.70  Unregistered export pesticide products.

* * * * *
    (b) Each unregistered export pesticide product must bear labeling 
that complies with all requirements of this section or collateral 
labeling in compliance with Sec.  168.66.
* * * * *

0
8. In Sec.  168.71, revise paragraph (a) to read as follows:


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 or collateral labeling in compliance with 
Sec.  168.66.
* * * * *
[FR Doc. 2014-29787 Filed 12-18-14; 8:45 am]
BILLING CODE 6560-50-P