[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Rules and Regulations]
[Pages 32094-32097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14911]




[[Page 32093]]

_______________________________________________________________________

Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 152, et al.



Pesticides; Technical Amendments; Final Rule

  Federal Register / Vol. 60, No. 117 / Monday, June 19, 1995 / Rules 
and Regulations  
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[[Page 32094]] 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 153, 156, 157, 162, 165, 172, 180, 185, 186

[OPP-00409; FRL-4955-1]


Pesticides; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY:  EPA is revising its pesticide regulations by removing 
obsolete, superseded, expired and otherwise unnecessary sections from 
various parts of its regulations. These technical amendments will 
simplify and condense the regulations, and reduce regulatory burdens, 
without loss of health and environmental protection. EPA is also making 
associated revisions to cross-references reflecting the deletion of 
regulations. This final rule is a technical amendment for which notice 
and comment are unnecessary.
DATES: These amendments are effective August 18, 1995.
FOR FURTHER INFORMATION CONTACT: Jean M. Frane, Policy and Special 
Projects Staff (7501C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location, telephone number and e-mail address: Rm. 1113, CM #2, 1921 
Jefferson Davis Highway, Arlington, VA., (703) 305-5944, 
[email protected].

SUPPLEMENTARY INFORMATION

 I. Background

    On March 16, 1995, President Clinton announced a new initiative 
under which EPA (and other Agencies) would review all existing 
regulations. The Regulatory Reinvention initiative is intended to 
identify opportunities for streamlining, simplifying, reducing 
reporting and recordkeeping burdens, and promoting partnerships and 
stakeholder involvement in EPA regulation review.
    As a result of the President's Regulatory Reinvention review, EPA 
has reviewed each of its pesticide regulations and identified 
provisions that should be removed, revised, or evaluated further for 
streamlining and simplification. This final rule accomplishes a number 
of changes, primarily deletions, that do not require notice and comment 
under the Administrative Procedure Act (APA). This is the first in a 
series of notices intended to accomplish the goals of the Regulatory 
Reinvention initiative. Other modifications to regulations will be 
proposed for notice and comment at a later date. In addition, a number 
of pesticide regulations are being evaluated further for more 
significant and far-reaching streamlining opportunities, including 
evaluating the requirements of the underlying programs themselves as 
reflected in regulations. Elsewhere in today's Federal Register, EPA is 
issuing additional regulatory revisions under other statutes 
administered by the Agency.

II. Pesticide Regulations

    EPA regulates pesticides under the authority of two statutes, the 
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which 
regulates the sale, distribution and use of pesticides in the United 
States, and the Federal Food, Drug and Cosmetic Act (FFDCA), which 
regulates, among other things, pesticide residues in food and feed. 
Pesticide regulations administered by EPA are located in 40 CFR parts 
150-189, and comprise approximately 525 pages in the Code of Federal 
Regulations.

A. The Federal Insecticide, Fungicide and Rodenticide Act

    Because FIFRA is a licensing statute, its regulations are, in 
significant part, procedural in nature. They describe how pesticide 
registrants and other persons must interact with EPA to obtain and 
maintain permission to market and use pesticides without causing 
unreasonable adverse effects on man or the environment, and the 
policies that EPA will use in administering these licensing programs. 
Substantive requirements affecting pesticide sale, distribution or use, 
for the most part, are not issued in regulatory form, but are 
incorporated into the registration and other licensing decisions that 
EPA makes. Because most of its regulations are procedural, EPA believes 
that few pesticide regulations under FIFRA can be removed or 
substantially modified without interfering with efficient 
administration of the programs they describe. Similarly, many of the 
recordkeeping and reporting burdens associated with these regulations 
are necessary simply for pesticide producers, registrants and others to 
deal with EPA in licensing matters.

B. The Federal Food, Drug and Cosmetic Act

    By contrast, the FFDCA broadly requires EPA to regulate pesticide 
residues in food and feed, to ensure that the American public is 
protected against harmful residues in its food supply. Although some 
procedural regulations are necessary to administer the program (a 
petition process, together with an administrative hearing process), the 
bulk of regulations issued under the FFDCA consist of individual 
tolerances, exemptions or other clearances of pesticide chemicals in 
various foods and feeds. Of approximately 250 pages of regulations 
devoted to the FFDCA in EPA's pesticide regulations, procedural 
regulations comprise only about 20 percent. In addition, there are a 
number of finding aids and indexes that catalog and cross-reference 
these regulations.

III. Technical Changes to Pesticide Regulations

    EPA has identified a number of technical amendments that can be 
made to its pesticide regulations at this time. For the most part, 
these consist of deletions of superseded or outmoded requirements, 
deletion of unnecessary material that conveys only guidance or 
information, but not regulatory requirements, deletion of regulations 
that are not required by law, or simple formatting changes to 
consolidate and clarify requirements. These changes are described in 
this Unit.

A. Part 152 - Pesticide Registration and Classification Procedures

     Part 152 contains procedural regulations for registration. EPA is 
modifying this part as follows:
     1. Reregistration. Subpart D contains procedural requirements for 
reregistration of pesticides. Shortly after these regulations were 
promulgated in 1988, Congress amended FIFRA (the amended law is 
commonly referred to as ``FIFRA-88''), establishing a detailed set of 
requirements for reregistration. This subpart has therefore been 
superseded.
    2.  Amendment or notification to change active ingredient source.  
Section 152.85(c), promulgated in 1984, requires that registrants who 
wish to change from one registered source of active ingredient to 
another must submit an application for amended registration. Section 
152.46(a)(4), promulgated in 1988, permits such a change by simple 
notification to the Agency. EPA is clarifying these conflicting 
sections by deleting the requirement in Sec. 152.85(c) for an amended 
registration and retaining the notification requirement.
    3. Voluntary cancellation. Section 6(f) of FIFRA-88 established new 
procedures for registrants and EPA to effect voluntary cancellations of 
registration. The current regulation in 40 CFR 152.138 is therefore 
incomplete and no longer reflects the procedures EPA uses. Rather than 
continue regulations that are incomplete, EPA is deleting parts of 
these regulations, and moving still-current material on 
[[Page 32095]] supplemental distributor products into Sec. 152.132.
    4. Actions affecting registration. Subpart H of part 152 describes 
the various types of actions that are associated with registration, and 
refers readers to other parts of the regulations for elaboration of 
those requirements. Since this material is largely informational and 
guidance, it is not necessary in regulations and is being deleted.
    5. Obsolete restricted use chemicals. Section 152.175 contains a 
list of pesticides that have been restricted by regulation. These were 
promulgated originally between 1978 and 1981 and a number of the 
chemicals are no longer registered. EPA is deleting obsolete listings 
for 16 pesticides from Sec. 152.175.
    6. Intrastate pesticide products. Subpart L describes requirements 
applicable to the conversion of intrastate pesticide products to 
Federally-registered products. FIFRA as enacted in 1972 no longer 
permitted pesticides to be registered solely by States; Federal 
registration was required.
    The process of converting these products began in 1972 and by 1988 
was winding down. Subpart L permitted continued sale and distribution 
of intrastate products until EPA could determine the acceptability of 
their Federal registration. EPA believes that all intrastate products 
have been converted or are no longer being marketed. Accordingly, EPA 
is deleting subpart L.

B. Subpart 153 - Registration Policies and Interpretations

    This part contains various non-procedural policies and 
interpretations that are associated with registration. EPA is modifying 
this part as follows:
    1. Reporting of adverse effects information. Subpart D of part 153 
(promulgated in 1985) contains a set of regulations implementing FIFRA 
section 6(a)(2), describing when and how registrants must report 
adverse effects information to the Agency. Although promulgated in 
1985, this subpart has never been made effective, and EPA is currently 
preparing to promulgate an updated adverse effects reporting rule, 
which will be clearer, simpler, and contain reduced reporting 
requirements. Because subpart D is not effective, and in anticipation 
of a replacement regulation being issued, EPA is deleting subpart D.
    2. Inert ingredients in antimicrobial products. Section 153.139 
contains a list of chemicals that EPA has determined generally to be 
inert (as opposed to pesticidally active) in antimicrobial products. 
The listing is still valid, and EPA intends to continue to use it as 
the basis for inert ingredient determinations, but EPA believes that 
the list can be more efficiently updated informally by the Agency 
outside of the regulations. EPA intends to maintain the list within the 
Agency, and make it available as needed to registrants. Accordingly, 
EPA is deleting Sec. 153.139.
    3. Coloration of pesticides. Subpart H addresses the circumstances 
when pesticide products must be colored or discolored. The individual 
pesticides listed in this subpart (arsenicals and fluosilicate 
compounds) are no longer registered and not sold for pesticide use. 
Accordingly, EPA is deleting four sections in this subpart requiring 
coloration or discoloration of individual pesticide products. EPA is 
also revising Sec. 153.140 to delete references to the coloration 
system. EPA will retain Sec. 153.155 which requires that seed treatment 
products be colored with an EPA-approved dye to avoid the possibility 
that treated seeds may be inadvertently used as animal feed.
    4. Devices. Subpart M contains a listing of FIFRA requirements 
pertaining to pesticide devices. Although not required to be 
registered, devices are subject to a variety of requirements, such as 
labeling, and compliance activities such as recordkeeping and 
registration of establishments. This section simply refers the reader 
to those requirements in FIFRA and the regulations that apply to 
devices. Even though individually these requirements are stated 
elsewhere, EPA believes that the compilation of requirements in a 
single location is useful to the regulated industry. EPA is 
transferring the material, however, into part 152 as subpart Z.

C. Part 157 - Packaging Requirements for Pesticides and Devices

    This part, promulgated in 1986, consists solely of requirements for 
child-resistant packaging at this time. EPA is removing Sec. 157.39, 
which stated the compliance date for the rule, now past.

D. Part 165 - Regulations for the Acceptance of Certain Pesticides and 
Recommended Procedures for the Disposal and Storage of Pesticides and 
Pesticide Containers

    This part, promulgated in 1974, addresses two discrete topics. 
Subpart B contains regulations under which EPA was required to accept 
for disposal pesticides that were both suspended and canceled. 
Subsequent to promulgation, FIFRA-88 transferred to pesticide 
registrants the responsibility for such disposal. EPA has completed the 
disposal of all pesticides for which it was responsible under these 
regulations and subpart B is no longer needed. Subparts C and D contain 
recommended procedures for storage and disposal of pesticides and 
containers. These subparts were superseded by the passage of the 
Resource Conservation and Recovery Act in 1976. Moreover, FIFRA section 
19 contains new authority for EPA in the area of pesticide storage and 
disposal, and regulations under current section 19 have been proposed 
that would replace part 165. Accordingly, EPA is deleting part 165.

E. Part 172 - Experimental Use Permits

    This part describes the procedures for applying for and obtaining 
an experimental use permit under FIFRA section 5. The holder of an 
experimental use permit is required by Sec. 172.8 to submit quarterly 
progress reports on his or her experimental work, and a final report. 
EPA finds that the quarterly progress reports are not needed, and 
rarely used by the Agency, and is deleting the requirement for such 
reports contained in Sec. 172.8(b)(1). The final report, however, 
required by Sec. 172.8(b)(2) is being retained: the information 
required in the final report is used to evaluate the experimental 
program and the data generated during the program are used in future 
determinations on the registrability of the pesticide.

F. Parts 180, 185, and 186 - Pesticide Tolerances

    These three parts contain listings of individual tolerances for raw 
foods, processed foods, and processed animal feeds, respectively. Some 
of these tolerances are time-limited and have expired. EPA is deleting 
expired time-limited tolerances from various regulations in these 
parts.

IV. Effect of Deletion of Regulations

    The removal or modification of these regulatory provisions from the 
Code of Federal Regulations is not intended to affect the status of any 
civil or criminal actions initiated prior to June 19, 1995, or which 
may be initiated in the future to redress violations of the rules that 
occurred when the rules were still legally in effect.

V. Good Cause Exemption From Notice and Comment Rulemaking 
Procedures

     The Administrative Procedure Act generally requires agencies to 
provide prior notice and opportunity for public comments before issuing 
a final rule. Rules are exempt from the requirement [[Page 32096]] if 
the agency finds for good cause that notice and comment are 
unnecessary. For the reasons discussed in Unit III of this preamble, 
EPA has determined that providing prior notice and opportunity for 
comment on the modification or deletion from the CFR of these rules is 
unnecessary.

VI. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866, the Agency must determine whether the 
regulatory action is ``significant'' and therefore subject to review by 
the Office of Management and Budget (OMB) and the requirements of the 
Executive Order. Under section 3(f), the order defines a ``significant 
regulatory action'' as an action that is likely to result in a rule (1) 
having an annual effect on the economy of $100 million or more, or 
adversely and materially affecting a section of the economy, 
productivity, competition, jobs, the environmental, public health or 
safety, or State, local or tribal governments or communities (also 
referred to as ``economically significant''); (2) creating serious 
inconsistency or otherwise interfering with an action taken or planned 
by another agency; (3) materially altering the budgetary impacts of 
entitlement, grants, user fees, or loan programs; or (4) raising novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.
    Under the terms of this Executive Order, it has been determined 
that this rule is not ``significant'' and is therefore not subject to 
OMB review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA) (5 U.S.C. 605(b)), EPA 
has determined that this is not a significant regulation. These 
amendments lessen burdens rather than add burdens; therefore review 
under the RFA is not required.

C. Paperwork Reduction Act

    This rule contains no information collection requirements, and, 
therefore is not required to be reviewed under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Parts 152, 153, 156, 157, 162, 165, 172, 
180, 185, 186

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Animal feeds, Food additives, Infants and 
children, Intergovernmental relations, Labeling, Packaging and 
containers, Pesticides and pests, Reporting and recordkeeping 
requirements, Research.

    Dated: June 14, 1995.

Lynn R. Goldman,

Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, under the Administrator's authority, 7 U.S.C. 136 et 
seq. and 21 U.S.C. 346 et seq., title 40, chapter I of the Code of 
Federal Regulations, is amended as follows:
    1. In part 152:
PART 152--[AMENDED]
    a. The authority citation continues to read as follows:

    Authority: 7 U.S.C. 136-136y; Subpart U is also issued under 31 
U.S.C. 9701.
Sec. 152.1  [Amended]

    b. Section 152.1 is amended by removing the last sentence.

Sec. 152.50  [Amended]

    c. In Sec. 152.50, paragraph (f)(3) is amended by removing the last 
sentence.
Subpart D  [Removed and Reserved]

    d. Subpart D, consisting of Secs. 152.60 through 152.70, is removed 
and reserved.
Sec. 152.85  [Amended]

    e. In Sec. 152.85, paragraph (c) is amended by removing the second 
sentence.
Sec. 152.115  [Amended]

    f. In Sec. 152.115(d), the words ``and Sec. 152.148'' are removed.
Sec. 152.125  [Amended]

    g. In Sec. 152.125, the words ``and subpart D of part 153 of this 
chapter'' are removed.

Sec. 152.132  [Amended]

Sec. 152.138  [Partially Redesignated and Removed]

    h. Section Sec. 152.138 is amended by redesignating paragraph (c) 
as paragraph (e) of Sec. 152.132, and by removing the remainder of 
Sec. 152.138.

Subpart H  [Removed and Reserved]

    i. Subpart H, consisting of Secs. 152.140 through 152.159, is 
removed and reserved.

Sec. 152.175  [Amended]

    j. In the table in Sec. 152.175, the complete entries for 
acrylonitrile, allyl alcohol, calcium cyanide, chlorfenvinphos, 
cycloheximide, demeton, dioxathion, endrin, EPN, fensulfothion, 
fluoracetamide/1081, hydrocyanic acid, mevinphos, monocrotophos, 
phosacetim and TEPP are removed.
Subpart L  [Removed and Reserved]

    k. Subpart L, consisting of Secs. 152.220 through 152.230, is 
removed and reserved.
Subpart Z to part 152  [Redesignated From Subpart M to Part 153]

    l. Subpart Z entitled Devices, is redesignated from subpart M, part 
153. Subpart Z consists of Sec. 152.500 which is redesignated from 
Sec. 153.240.
    2. In part 153:

PART 153--[AMENDED]

    a. The authority citation is revised to read as follows:

    Authority: 7 U.S.C. 136w.

Subpart D  [Removed and Reserved]

    b. Subpart D, consisting of Secs. 153.61 through 153.78, is removed 
and reserved.
Sec. 153.125  [Amended]

    c. In Sec. 153.125, by removing the parenthetical text ``(including 
those listed in Sec. 153.139),'' from paragraph (b) and by removing 
paragraph (c) and by redesignating paragraphs (d) and (e) as paragraphs 
(c) and (d), respectively.

Secs. 153.139, 153.142, 153.145, 153.150, and 153.158  [Removed]

    d. Sections 153.139, 153.142, 153.145, 153.150, and 153.158 are 
removed.
    e. Section 153.140 is revised to read as follows:


Sec. 153.140  General.

    Section 25(c)(5) of the Act authorizes the Administrator to 
prescribe regulations requiring coloration or discoloration of any 
pesticide if the Administrator determines that such requirements are 
feasible and necessary for the protection of health and the 
environment. This subpart describes those pesticide products which must 
be colored or discolored.
Subpart M to part 153  [Redesignated]

    f. Subpart M and Sec. 153.240 are redesignated as Subpart Z in part 
152 and Sec. 152.500, respectively.
    3. In part 156:

PART 156--[AMENDED]

    a. The authority citation continues to read as follows:

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

Sec. 156.10  [Amended]

    b. In Sec. 156.10 paragraph (a)(5) introductory text is amended by 
[[Page 32097]] changing the reference to ``Sec. 153.240'' to read 
``Sec. 152.500''.
    4. In part 157:

PART 157--[AMENDED]

    a. The authority citation is revised to read as follows:

    Authority: 7 U.S.C. 136w.

Sec. 157.39  [Removed]

    b. Section 157.39 is removed.
    5. In part 162:

PART 162--[AMENDED]

    a. The authority citation for subpart D is revised to read as 
follows:

    Authority: 7 U.S.C. 136v, 136w.

Sec. 162.150  [Amended]

    b. In Sec. 162.150, paragraph (b) is amended by removing the third 
sentence.

Sec. 162.153  [Amended]

    c. In Sec. 162.153, paragraph (c)(2), the reference to ``subpart A 
of this part, and of part 163 of this chapter,'' is revised to read 
``part 152 of this chapter,'' and in paragraph (d) the reference to 
``subpart A and of part 163'', is revised to read ``part 152 of this 
chapter''.

PART 165--[REMOVED]

    6. Part 165 is removed.
    7. In part 172:

PART 172--[AMENDED]

    a. The authority citation is revised to read as follows:

    Authority: 7 U.S.C. 136c, 136w. Section 172.4 is also issued 
under 31 U.S.C. 9701.

Sec. 172.8  [Amended]

    b. In Sec. 172.8, paragraph (b)(1) is removed and reserved.
    c. In Sec. 172.25, by revising paragraphs (g)(1) and (g)(2) to read 
as follows:


Sec. 172.25  Administration of State programs.

*  *  *  *  *
    (g) *  *  *
    (1) Disposed of in accordance with a disposal plan approved as part 
of the experimental program; or
    (2) Returned to the permittee for storage or disposal in accordance 
with the requirements of RCRA and rules there under; or
*  *  *  *  *
    8. In part 180:

PART 180--[AMENDED]

    a. The authority citation continues to read as follows:

    Authority:  21 U.S.C. 346a and 371.

    b. Section 180.115 is revised to read as follows:


Sec. 180.115  Zineb; tolerances for residues.

    Tolerances for residues of the fungicide zineb (zinc ethylene 
bisdithiocarbamate) in or on raw agricultural commodities are 
established as follows:

------------------------------------------------------------------------
                                Parts Per                               
          Commodity              million           Expiration date      
------------------------------------------------------------------------
Grapes (wine use only)\1\....            7            December 31, 1997 
------------------------------------------------------------------------
\1\ Wine grapes grown for wine vintage years 1992 (Northern Hemisphere),
  1993 (Southern Hemisphere), and earlier.                              

Secs. 180.246, 180.285, and 180.1005  [Removed]

    c. Sections 180.246, 180.285, and 180.1005 are removed.

Sec. 180.319  [Amended]

    d. In the table in Sec. 180.319, the entire entries for ``sodium 
arsenite'' and ``zineb (zinc ethylene bisdithiocarbamate)'' are 
removed.

Sec. 180.320  [Amended]

    e. In Sec. 180.320, by removing the designation for paragraph (a) 
and by removing paragraph (b).
    9. In part 185:

PART 185--[AMENDED]

    a. The authority citation continues to read as follows:

    Authority: 21 U.S.C. 346a and 348.

Sec. 185.2275  [Removed]

    b. Section 185.2275 is removed.

Sec. 185.2700  [Amended]

    c. In Sec. 185.2700, by removing the designation for paragraph (a), 
and by removing paragraphs (b) and (c).
    10. In part 186:

PART 186--[AMENDED]

    a. The authority citation continues to read as follows:

    Authority: 21 U.S.C. 348.

Secs. 186.400, 186.750, 186.3415, 186.4725, and 186.5225  [Removed]

    b. Sections 186.400, 186.750, 186.3415, 186.4725, and 186.5225 are 
removed.

Sec. 186.2275  [Amended]

    c. In Sec. 186.2275, by removing the designation for paragraph (a) 
and by removing paragraph (b).

[FR Doc. 95-14911 Filed 6-16-95; 8:45 am]
BILLING CODE 6560-50-F