[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).

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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: opp-
[email protected]. 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: 
[email protected].
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:
    [email protected]


    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

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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