[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14165-14166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6946]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-2002-0278; FRL-7299-4]


Pesticides; Tolerance Exemptions for Active and Inert Ingredients 
for Use in Antimicrobial Formulations (Food-Contact Surface Sanitizing 
Solutions); Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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SUMMARY: EPA received adverse comment on the direct final rule 
``Pesticides; Tolerance Exemptions for Active and Inert Ingredients for 
Use in Antimicrobial Formulations (Food-Contact Surface Sanitizing 
Solutions),'' published in the Federal Register of December 3, 2002, 
because of the adverse comment EPA is withdrawing the direct final 
rule. The direct final rule was intended to add a new section to part 
180 listing the pesticide chemicals that are exempt from the 
requirement of a tolerance when used in food-contact surface sanitizing 
solutions.

DATES: The withdrawal is effective March 24, 2003.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-6304; fax number: (703) 305-0599; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a food 
manufacturer, or antimicrobial pesticide manufacturer. Potentially 
affected categories and entities may include, but are not limited to:
    [sbull] Industry (NAICS 311), e.g., Food manufacturing.
    [sbull] Producers (NAICS 32561), e.g., Antimicrobial pesticides.
    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.

II. How Can I Get Copies of this Document and Other Related 
Information?

A. Docket

    EPA has established an official public docket for this action under 
docket identification (ID) number OPP-2003-0278. 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.

B. 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/.
    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 submit or view public 
comments, access the index listing of the contents

[[Page 14166]]

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 II.A. Once in the system, select 
``search,'' then key in the appropriate docket ID number.

III. What Action is the Agency Taking?

    EPA has received adverse comment on the direct final rule published 
in the Federal Register of December 3, 2002 (67 FR 71847) (FRL-6824-2). 
EPA stated in that direct final rule that if EPA received adverse 
comment by February 3, 2003, the direct final rule would be withdrawn 
and not take effect. The direct final rule being withdrawn contains a 
list of exempt chemicals duplicated from the Food and Drug 
Administration's (FDA) regulations in 21 CFR 178.1010.
    The Agency will continue to pursue this rulemaking effort by 
publishing a notice of proposed rulemaking in a future edition of the 
Federal Register. The comments on the direct final rule will be 
addressed in that future notice of proposed rulemaking.

IV. Congressional Review Act

    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 to 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 this final rule in the Federal Register. This final 
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 practices and procedures, 
Pesticides and pests, Reporting and recordkeeping requirements.


    Dated: March 17, 2003.
Debra Edwards,
Acting Director, Registration Division.

[FR Doc. 03-6946 Filed 3-21-03; 8:45 am]
BILLING CODE 6560-50-S