[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Rules and Regulations]
[Page 78713-78715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2002-0276; FRL-7284-3]
Urea: Revocation of Tolerance Exemptions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final rule.
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SUMMARY: EPA is amending 40 CFR part 180 subpart D to revoke four
exemptions from the requirement of a tolerance for urea because these
tolerance exemptions are no longer necessary. The Agency is acting on
its own initiative. This direct final rule is being published today
with a companion final rule titled ``Urea: Exemption From The
Requirement of A Tolerance.''
DATES: This final rule is effective on March 26, 2003 without further
notice, unless EPA receives adverse comment within 30 days after
publication in the Federal Register. If EPA receives adverse comment,
EPA will publish a timely withdrawal in the Federal Register informing
the public that this rule will not take effect.
FOR FURTHER INFORMATION CONTACT: Treva C. Alston, Registration Division
7505C, Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
(703) 308-8373; e-mail address: alston.treva@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
You may be affected by this action if you are an agricultural
producer, food manufacturer, or pesticide manufacturer. Potentially
affected categories and entities may include, but are not limited to:
[sbull] Crop production (NAICS code 111)
[sbull] Animal production (NAICS code 112)
[sbull] Food manufacturing (NAICS code 311)
[sbull] Pesticide manufacturing (NAICS code 32532)
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.
B. How Can I Get Copies Of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2002-0276. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The docket telephone number is (703) 305-5805.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ A frequently updated
electronic version of 40 CFR part 180 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr180_00.html
, a
beta site currently under development.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified in Unit I.B.1.
Once in the system, select ``search,'' then key in the appropriate
docket ID number.
II. Authority
A. What is the Agency's Authority for Taking this Action?
This direct final rule is issued pursuant to section 408(e) of the
Federal Food Drug and Cosmetic Act (FFDCA), as amended by the Food
Quality Proctection Act (FQPA) (21 U.S.C. 346a(e)). Section 408 of
FFDCA authorizes the establishment of tolerances, exemptions from the
requirement of a tolerance, modifications in tolerances, and revocation
of tolerances for residues of pesticide chemicals in or on raw
agricultural commodities and processed foods. Without a tolerance or
tolerance exemption, food containing pesticide residues is considered
to be unsafe and therefore, ``adulterated'' under section 402(a) of the
FFDCA. If food containing
[[Page 78714]]
pesticide residues is found to be adulterated, the food may not be
distributed in interstate commerce (21 U.S.C. 331(a) and 342 (a)).
B. Why is EPA Issuing this as a Direct Final Rule?
EPA is issuing this action as a direct final rule without prior
proposal because the Agency believes that this action is not
controversial and is not likely to result in any adverse comments. This
action removes four exemptions from the requirement of a tolerance for
the pesticide chemical, urea. These tolerance exemptions are not
necessary.
III. Background
A. What Action is the Agency Taking?
In a companion final rule published in today's Federal Register,
the Agency discussed the reasons and rationale for establishing a
tolerance exemption for urea in 40 CFR 180.950. Given the establishment
of this unlimited tolerance exemption, the tolerance exemptions for
urea in 40 CFR 180.1001 (c), (d), and (e) and 180.1117 are no longer
needed. Therefore, the Agency is removing these exemptions. No uses are
lost through the removal of these tolerance exemptions. All uses are
covered under the tolerance exemption established today in 40 CFR
180.950.
B. Which Tolerance Exemptions are Being Removed?
1. In 40 CFR 180.1001 (c) and (e), there are two exemptions from
the requirement of a tolerance for urea. These exemptions are
restricted to use as a stabilizer and inhibitor.
2. There is an exemption from the requirement of a tolerance for
urea in 40 CFR 180.1001 (d). This exemption is for its use as an
adjuvant/intensifer for herbicides.
3. Another exemption from the requirement of a tolerance is listed
in 40 CFR 180.1117. This tolerance exemption was established for
residues of urea when used as a frost protectant in or on the following
raw agricultural commodities when used before harvest in the production
of: Alfalfa, almonds, apples, apricots, artichokes, asparagus,
avocados, beans, bell pepppers, blackberries, blueberries, broccoli,
brussels sprouts, boysenberries, craneberries, canola, cantaloupes,
carrots, cauliflower, casaba, celery, cherries, chili pepers, chinese
cabbage (bok choy, napa), cooking peppers, corn, cotton, crenshaw,
cucumbers, figs, grapefruit, grapes, honeydew melon, hops, kiwifruit,
kohlrabi, lemons, lentils, lettuce, limes, macadamia nuts, musk melon,
nectarines, olives, onions, oranges, peaches, pears, peanuts, peas,
persian melon, pistachios, plums, potatoes, pumpkin, prunes, radish,
raspberries, rice, safflower, sorghum, spinach, spinach (New Zealand),
squash (winter and summer), strawberries, sugar beets, sunflower, sweet
pepper, table beets, tangerines, tomatoes, walnuts, watermelon, and
zucchini.
IV. Statute and Executive Order Reviews
Under Executive Order 12866, entitled Planning and Review (58 FR
51735, October 4, 1993), it has been determined that this direct final
rule is not a ``significant regulatory action'' under section 3(f) of
the Executive Order, because EPA is removing four tolerance exemptions
that are no longer necessary given the publication of the companion
final rule that establishes a broader tolerance exemption that will
cover these four tolerance exemptions. This direct final rule is not
expected to have any adverse impact and does not otherwise impose any
new requirements. Since it is not significant under Executive Order
12866, it is not subject to review by the Office of Management and
Budget (OMB) under Executive Order 13045, entitled Protection of
Children from Environmental Health Risks and Safety Risks (62 FR 19885,
April 23, 1997), or Executive Order 13211, entitled Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use (66 FR 28355, May 22, 2001).
This direct final rule directly regulates food processors, food
handlers, and food retailers, but does not affect States, local or
Tribal governments directly. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of FFDCA section 408(n)(4).
This action will not have substantial direct effects on State or tribal
governments, on the relationship between the Federal government and
States or Indian tribes, or on the distribution of power and
responsibilities between the Federal government and States or Indian
tribes. As a result, this action does not require any action under
Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999), or under Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000). Nor does it impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
of 1995 (UMRA) (Public Law 104-4).
Nor does it require special considerations under Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994); or Executive Order 12630, entitled Governmental Actions and
Interference with Constitutionally Protected Property Rights (53 FR
8859, March 15, 1988).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
Under section 605(b) of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), the Agency hereby certifies that these revocations
will not have significant negative economic impact on a substantial
number of small entities. The rationale supporting this conclusion is
as follows. The rationale here is that we are replacing these
exemptions with a broader one.
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 12, 2002.
Peter Caulkins,
Acting Director, Registration Division Director, Office of Pesticide
Programs.
Therefore, 40 CFR chapter I is amended as follows:
[[Page 78715]]
PART 180-[AMENDED]
1. The authority citation for part 180 continues to read as
follows:
Authority: 21 U.S.C. 321 (q), 346 (a) and 374.
Sec. 180.1001 [Amended]
2. In subpart D, Sec. 180.1001 is amended by:
i. Removing from the table in paragraph (c) the entry for urea
``use as a stabilizer and inhibitor.''
ii. Removing from the table in paragraph (d) the entry for urea
``use as an adjuvant/intensifier for herbicides.''
iii. Removing from the table in paragraph (e) the entry for urea
``use as a stabilizer and inhibitor.''
Sec. 180.1117 [Removed]
3. Section 180.1117 is removed.
[FR Doc. 02-32563 Filed 12-24-02; 8:45 a.m.]
BILLING CODE 6560-50-S