[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Notices]
[Pages 18638-18640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9338]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0281; FRL-7299-1]


 Pesticides; North American Free Trade Agreement Guidance 
Document on Requirements for Tolerances on Imported Commodities; Notice 
of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This document provides detailed guidance on data requirements 
that meet North American Free Trade Agreement (NAFTA) standards for the 
establishment of pesticide import tolerances or maximum residue levels 
in Canada, Mexico, and the United States. It has been developed 
consistently with the goals of the North American Free Trade Agreement. 
This guidance document does not change the U.S. data requirements for 
obtaining a U.S. import tolerance. This notice starts a 60-day public 
comment period, during which the public is encouraged to submit 
comments to EPA in accordance with procedures described in Unit I. of 
this document.

DATES: Comments, identified by docket ID number OPP-2002-0281, must be 
received on or before June 16, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8085; fax 
number: (703) 308-8041; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

 Does this Action Apply to Me?

    You may be potentially affected by this action if you sell, 
distribute, manufacture, or use pesticides for agricultural 
applications, produce food, distribute or sell food, or implement 
governmental pesticide regulations. Potentially affected entities may 
include, but are not limited to:
    [sbull] Food manufacturers (NAICS 311), e.g., commercial processors
    [sbull] Pesticide manufacturers (NAICS 32532), e.g., pesticide 
registrants and pesticide producers
    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-2002-0281. 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/.
    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 of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For members of the public submitting comments, it is important to 
note that EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EPA's electronic public docket as EPA receives them and without 
change, unless the comment contains copyrighted material, CBI, or other 
information whose disclosure is restricted by statute. When EPA 
identifies a comment containing copyrighted material, EPA will provide 
a reference to that material in the version of the comment that is 
placed in EPA's electronic public docket. The entire printed comment, 
including the copyrighted material, will be available in the public 
docket.

[[Page 18639]]

    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the person who submitted the comment, and allows EPA to 
contact you in case EPA cannot read your comment due to technical 
difficulties or needs further information on the substance of your 
comment. EPA's policy is that EPA will not edit your comment, and any 
identifying or contact information provided in the body of a comment 
will be included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2002-0281. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID number OPP-2002-0281. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), 
Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID number OPP-2002-0281.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA., Attention: 
Docket ID number OPP-2002-0281. Such deliveries are only accepted 
during the docket's normal hours of operation as identified in Unit 
I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. Background

A. What Action is the Agency Taking?

    This notice constitutes and announces the availability of the NAFTA 
Guidance Document on Data Requirements for Tolerances on Imported 
Commodities. It has been developed consistently with the goals of the 
NAFTA. A common NAFTA approach to import tolerances will promote trade 
between North America and the rest of the world.

B. What is the Agency's authority for taking this action?

    In the Federal Register of June 1, 2000 (65 FR 35069) (FRL-6559-30, 
EPA issued a guidance on import tolerances. The NAFTA Guidance Document 
on Data Requirements for Tolerances on Imported Commodities is 
consistent with the earlier U.S. guidance.

[[Page 18640]]

    EPA regulates pesticides under two major statutes: The Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal 
Food, Drug, and Cosmetic Act (FFDCA). FIFRA requires that pesticides be 
registered (licensed) by EPA before they may be sold or distributed for 
use in the U.S. Section 408 of the FFDCA authorizes EPA to establish, 
modify, or maintain tolerances or tolerance exemptions for pesticide 
residues in or on food. Any food with pesticide residues not covered by 
a tolerance or tolerance exemption or with residues in excess of the 
tolerance may be subject to regulatory action by the U.S. government 
(including seizure). Pesticide tolerances and exemptions are enforced 
by individual States and the U.S. Food and Drug Administration for most 
foods, and by the U.S. Department of Agriculture for meat, poultry, and 
some egg products.
    EPA has an obligation under section 408 of the FFDCA to establish 
tolerances for pesticide chemicals at levels that are ``safe.'' EPA 
also has an obligation to ensure that the tolerances continue to be 
``safe'' over time, since new information may alter EPA's earlier 
safety finding under the FFDCA.

List of Subjects

    Environmental protection, NAFTA pesticides and tolerances.

    Dated: March 27, 2003.
Lois A Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 03-9338 Filed 4-15-03; 8:45 am]
BILLING CODE 6560-50-S