[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Rules and Regulations]
[Pages 78713-78715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32563]


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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: [email protected].

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