[Federal Register Volume 64, Number 5 (Friday, January 8, 1999)]
[Proposed Rules]
[Pages 1157-1159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-429]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-300690A; FRL-6019-8]
RIN 2070-AC18
Certain Plant Regulators: Cytokinins, Auxins, Gibberellins,
Ethylene, and Pelargonic Acid; Tolerance Exemptions
AGENCY: Environmental Protection Agency (EPA).
[[Page 1158]]
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: EPA is reopening and extending by 30 days the original 60-day
comment period associated with its October 23, 1998, proposal (63 FR
56882) to establish exemptions from the requirement of a tolerance for
residues of the active ingredients cytokinins, auxins, gibberellins,
ethylene, and pelargonic acid in or on all food commodities, when used
as plant regulators on plants, seeds, or cuttings and on all food
commodities after harvest. EPA also proposed to remove any existing
crop-specific tolerances and/or exemptions from the requirement of a
tolerance for the subject active ingredients as well as considering
such tolerances to be reassessed as required by the Food Quality
Protection Act of 1996 (FQPA). EPA proposed the regulation on its own
initiative to facilitate the addition of new crops, application rates,
and uses to the labels of products containing the listed active
ingredients when used as plant regulators. This 30-day extension is in
response to requests from the public for additional time to comment on
the Proposed Rule.
DATES: Comments, identified by the docket control number [OPP-300690A],
must be received on or before February 8, 1999.
ADDRESSES: By mail, submit written comments to: Public Information and
Records Integrity Branch, Information Resources and Services Division
(7502C), Office of Pesticide Programs, Environmental Protection Agency,
401 M. St., SW., Washington, DC 20460. In person, deliver comments to:
Rm. 119, CM #2, 1921 Jefferson Davis Hwy., Arlington, VA 22202.
Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under Unit I of this
document. No Confidential Business Information (CBI) should be
submitted through e-mail.
Information submitted as a comment concerning this document may be
claimed confidential by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment that
does not contain CBI must be submitted for inclusion in the public
record. Information not marked confidential will be included in the
public docket by EPA without prior notice. The public docket is
available for public inspection in Rm. 119 at the Virginia address
given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: By mail: Denise Greenway, c/o Product
Manager (PM) 90, Biopesticides and Pollution Prevention Division
(7511C), Office of Pesticide Programs, Environmental Protection Agency,
401 M St., SW., Washington, DC 20460. Office location, telephone number
and e-mail address: 9th fl., Crystal Mall #2, 1921 Jefferson
Davis Hwy., Arlington, VA 22202; (703) 308-8263; e-mail:
greenway.denise@epa.gov.
SUPPLEMENTARY INFORMATION: In the October 23, 1998, issue of the
Federal Register (63 FR 56882)(FRL-6019-7) the Office of Pesticide
Programs issued a Proposed Rule to amend 40 CFR part 180 by
establishing exemptions from the requirement of a tolerance for the
active ingredients cytokinins (specifically: aqueous extract of seaweed
meal and kinetin); auxins (specifically: indole-3-acetic acid and
indole-3-butyric acid); gibberellins [gibberellic acids (GA3
and GA4 + GA7), and sodium or potassium
gibberellate]; ethylene; and pelargonic acid, in or on all food
commodities, when used as plant regulators on plants, seeds or cuttings
and on all food commodities after harvest in accordance with good
agricultural practices. EPA concurrently proposed the revision or
revocation and removal of any existing crop-specific tolerances and/or
exemptions from the requirement of tolerances for the listed active
ingredients when used as plant regulators. In taking this action EPA
will consider those tolerances and/or exemptions to be reassessed
(Federal Food, Drug, and Cosmetic Act, 408(q) as amended by the FQPA of
1996). The 60-day comment period originally associated with the
proposal, which expired on December 22, 1998, is being reopened and
extended by 30 days in response to requests from the public for
additional time to comment.
The Agency selected this group of plant regulators as the subject
of the proposal due to their non-toxic mode of action, toxicity
profile, low application rates, and the expectation that plant
regulator uses will not significantly increase their intake above
normally consumed levels. There are additional plant regulator active
ingredients which may meet the selection criteria. The Agency may, in
the future, propose a similar document addressing other candidate plant
regulator active ingredients.
All of the subject active ingredients are currently registered
plant regulators, with the exception of indole-3-acetic acid. The
Agency discourages the establishment (or existence) of tolerances, or
exemptions from the requirement of a tolerance, for active ingredients
for which there are no registered pesticide products. Therefore, any
Final Rule subsequent to the proposal will not include indole-3-acetic
acid (a naturally occurring analog of indole-3-butyric acid) in the
tolerance exemption for auxins, unless during the comment period
specific requests that it be included are received. Such requests must
document the intention of the commentor to promptly submit upon
publication of the Final Rule an application to register a plant
regulator product containing indole-3-acetic acid as an active
ingredient.
The Agency made the proposal upon its own initiative to facilitate
the addition of new crops, application rates, and uses to the labels of
products containing the listed active ingredients when used as plant
regulators. A plant regulator is defined by EPA as ``***any substance
or mixture of substances intended, through physiological action, for
accelerating or retarding the rate of growth or rate of maturation, or
for otherwise altering the behavior of plants or the produce
thereof***'' (FIFRA sec. 2 (v)). Additionally, plant regulators are
characterized by their low rates of application; high application rates
of the same compounds often are herbicidal.
I. Public Record and Electronic Submissions
The official record for this rulemaking, as well as the public
version, has been established for this rulemaking under docket control
number [OPP-300690A] (including comments and data submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments, which does
not include any information claimed as CBI, is available for inspection
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The official rulemaking record is located at the Virginia
address in ``ADDRESSES'' at the beginning of this document.
Electronic comments can be sent directly to EPA at:
opp-docket@epamail.epa.gov
Electronic comments must be submitted as an ASCII file avoiding the
use of special characters and any form of encryption. Comments and data
will also be accepted on disks in Wordperfect 5.1/6.1 or ASCII file
format. All comments and data in electronic form must be identified by
the docket control number [OPP-300690A]. Electronic comments on this
[[Page 1159]]
proposed rule may be filed online at many Federal Depository Libraries.
II. Regulatory Assessment Requirements
A. Certain Acts and Executive Orders
This action proposes exemptions from the tolerance requirement
under FFDCA section 408(d). The Office of Management and Budget (OMB)
has exempted these types of actions from review under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993). In addition, this proposed action does not contain any
information collections subject to OMB approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable
duty or contain any unfunded mandate as described under Title II of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 104-4). Nor does
it require any special considerations as required by Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994), or require OMB review in accordance with Executive Order
13045, entitled Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997).
In addition, under the Regulatory Flexibility Act (RFA) (5 U.S.C.
601 et seq.), the Agency previously assessed whether establishing
tolerances, exemptions from tolerances, raising tolerance levels or
expanding exemptions might adversely impact small entities and
concluded, as a generic matter, that there is no adverse economic
impact. The factual basis for the Agency's generic certification for
tolerance actions published on May 4, 1981 (46 FR 24950), and was
provided to the Chief Counsel for Advocacy of the Small Business
Administration.
B. Executive Order 12875
Under Executive Order 12875, entitled Enhancing Intergovernmental
Partnerships (58 FR 58093, October 28, 1993), EPA may not issue a
regulation that is not required by statute and that creates a mandate
upon a State, local or tribal government, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by those governments. If the mandate is unfunded, EPA must
provide to OMB a description of the extent of EPA's prior consultation
with representatives of affected State, local and tribal governments,
the nature of their concerns, copies of any written communications from
the governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires EPA to develop
an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
Today's proposed rule does not create an unfunded Federal mandate
on State, local or tribal governments. The rule does not impose any
enforceable duties on these entities. Accordingly, the requirements of
section 1(a) of Executive Order 12875 do not apply to this rule.
C. Executive Order 13084
Under Executive Order 13084, entitled Consultation and Coordination
with Indian Tribal Governments (63 FR 27655, May 19,1998), EPA may not
issue a regulation that is not required by statute, that significantly
or uniquely affects the communities of Indian tribal governments, and
that imposes substantial direct compliance costs on those communities,
unless the Federal government provides the funds necessary to pay the
direct compliance costs incurred by the tribal governments. If the
mandate is unfunded, EPA must provide OMB, in a separately identified
section of the preamble to the rule, a description of the extent of
EPA's prior consultation with representatives of affected tribal
governments, a summary of the nature of their concerns, and a statement
supporting the need to issue the regulation. In addition, Executive
Order 13084 requires EPA to develop an effective process permitting
elected and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's proposed rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian Tribes. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
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 29, 1998.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. 99-429 Filed 1-7-99; 8:45 am]
BILLING CODE 6560-50-F
