[Federal Register Volume 79, Number 244 (Friday, December 19, 2014)]
[Rules and Regulations]
[Pages 75752-75754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29787]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 168
[EPA-HQ-OPP-2009-0607; FRL-9919-63]
RIN 2070-AJ53
Labeling of Pesticide Products and Devices for Export;
Clarification of Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is revising the regulations that pertain to the labeling
of pesticide products and devices that are intended solely for export.
Pesticide products and devices intended solely for export will be able
to meet the Agency's export labeling requirements by attaching a label
to the immediate product container or by providing collateral labeling
that is either attached to the immediate product being exported or that
accompanies the shipping container of the product being exported at all
times when it is shipped or held for shipment in the United States.
Collateral labeling will ensure the availability of the required
labeling information, while allowing pesticide products and devices
that are intended solely for export to be labeled for use in, and
consistent with the applicable requirements of the importing country.
DATES: This final rule is effective February 17, 2015.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2009-0607, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001; telephone number: (703) 305-6304; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action affect me?
You may be potentially affected by this action if you export a
pesticide product, a pesticide device, or an active ingredient used in
producing a pesticide. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide to help readers determine whether this
document applies to them. Potentially affected entities may include,
but are not limited to: Pesticide and other agricultural chemical
manufacturing (NAICS code 325320), e.g., Pesticides manufacturing,
Insecticides manufacturing, Herbicides manufacturing, Fungicides
manufacturing, etc.
B. What is the agency's authority for taking this action?
This action is issued under the authority of section 25(a) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C.
136w(a), to carry out the provisions of FIFRA section 17(a), 7 U.S.C.
136o(a).
C. What action is the agency taking?
EPA is revising the regulations that pertain to the labeling of
pesticide products and devices that are intended solely for export.
Pesticide products and devices intended solely for export will be able
to meet the Agency's labeling requirements by attaching a label to the
immediate product container or by providing collateral labeling that
either is attached to the immediate product being exported or
accompanies the shipping container of the product being exported at all
times when it is shipped or held for shipment in the United States.
Collateral labeling will ensure the availability of the required
labeling information, while allowing pesticide products and devices
that are intended solely for export to be labeled for use in and
consistent with the applicable requirements of the importing country.
D. What are the impacts of this action?
There are no costs associated with this action, and the benefits
provided are related to avoiding potential costs. Without these
labeling provisions, registrants would be required to place export-
related labeling on the immediate package of each individual pesticide
product in a shipping container that is intended solely for export.
According to stakeholders, the inability to use the labeling method
allowed before the regulations were amended in 2013 could significantly
increase their costs and create trade barriers.
II. Background
In the Federal Register of January 18, 2013 (78 FR 4073) (FRL-9360-
8), EPA published a final rule to revise its export label regulations,
in 40 CFR part 168, subpart D, concerning the labeling of pesticide
products and devices intended solely for export. The revisions were
effective on March 19, 2013, with a compliance date of January 21,
2014.
Industry stakeholders subsequently expressed concern to EPA that
certain labeling provisions allowing the use of ``supplemental
labeling'' had been removed from this subpart, and that the inability
of registrants to use the labeling method allowed in the previous
regulations could create trade barriers and increase costs. EPA agreed
and in the Federal Register of April 30, 2014 (79 FR 24347) (FRL-9909-
82), published a direct final rule to replace the provision that was
inadvertently removed. Since EPA received written adverse comment on
the direct final rule, EPA withdrew that direct final rule in the
Federal Register of July 11, 2014 (79 FR 39975) (FRL-9913-18) and in
the same Federal Register issue published a proposed rule (79 FR 40040)
(FRL-9913-19) seeking to make the same changes.
In the proposed rule entitled ``Labeling of Pesticide Products and
Devices for Export; Clarification of Requirements,'' EPA proposed to
restore the inadvertently eliminated provisions that allowed exporters
to use such ``collateral labeling'' attached to, or accompanying, the
product shipping container of the export pesticide at all times when
shipped or held for shipment in the United States. (As EPA explained in
the direct final rule, the term ``collateral labeling'' is more
appropriate than ``supplemental labeling'' to describe the materials
other than labels that are acceptable for meeting these requirements.)
Additionally, the document proposed to restructure 40 CFR part 168,
subpart D, by moving the text in Sec. 168.68 and some of the text in
Sec. 168.66 to new Sec. 168.65.
The public comment period closed on August 11, 2014. EPA received
four comments. Three commenters stated their support for finalizing the
proposal. Another commenter stated that ``transporting dangerous
substances across any part of the U.S. without
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labeling each of the individual containers is asking for a
catastrophe.''
Apparently this commenter mistakenly assumes that there would be no
information at all on individual containers of export pesticides that
are transported in bulk with collateral labeling. This is not the case.
Under FIFRA section 17(a)(1), export pesticides must be prepared or
packed according to the specifications or directions of the foreign
purchaser. This means that individual containers of export pesticides
will still be labeled in accordance with the requirements of the
importing country. The change being made to EPA's regulations will only
apply to information that is required by EPA regulations, but that is
not relevant to distribution of the product in the importing country.
Because collateral labeling must be attached to or must accompany a
shipment at all times, EPA believes that the information contained in
that labeling will be accessible during transport in the United States,
while avoiding any potential conflicts with labeling requirements in
the importing country.
After considering the comments received, EPA has determined no
changes are needed and is finalizing the regulatory text as proposed.
III. FIFRA Review Requirements
In accordance with FIFRA section 25(a), EPA submitted a draft of
the final rule to the Secretary of Agriculture (USDA), the FIFRA
Scientific Advisory Panel (SAP), and the appropriate Congressional
committees. On November 3, 2014, the FIFRA SAP waived its review of
this final rule. On November 3, 2014, USDA waived review of this final
rule, because this action merely ``corrects the regulatory text and
concerns no policy or scientific actions.''
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This rule is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and was
not, therefore, submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 and 13563 (76 FR 3821, January
21, 2011).
B. Paperwork Reduction Act (PRA)
According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under PRA, unless it has been
approved by OMB and displays a currently valid OMB control number. The
OMB control numbers for EPA regulations in title 40 of the CFR, after
appearing in the Federal Register, are listed in 40 CFR part 9, and
included on the related collection instrument or form, as applicable
The information collection requirements associated with reporting
under 40 CFR 168 have already been approved by OMB pursuant to PRA
under OMB control number 2070-0027 (EPA ICR No. 0161). This rule is not
expected to involve an increase in information collection activities.
There are no additional burdens imposed by this rule that requires
additional review or approval by OMB.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under RFA, 5 U.S.C.
601 et seq. In making this determination, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of an initial regulatory flexibility analysis is to
identify and address regulatory alternatives ``which minimize any
significant economic impact of the rule on small entities'' 5 U.S.C.
603. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule has no net burden effect on the small entities subject to
the rule. As indicated previously, EPA is restoring a provision that
was inadvertently removed from the regulation. We have therefore
concluded that this action will have no net regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local or Tribal governments, because no State, local, or Tribal
government is known to produce, transport, formulate, package, or
export unregistered pesticide products or devices. As indicated
previously, EPA is restoring a provision that was inadvertently removed
from the regulation.
E. Executive Order 13132: Federalism
This action will not have substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999).
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications because it is
expected to only affect producers, transporters, formulators,
packagers, and exporters of unregistered pesticide products and
devices. Since no Indian Tribal government is known to produce,
transport, formulate, package, or export unregistered pesticide
products or devices, this action has no tribal implications.
Accordingly, the requirements of Executive Order 13175 (65 FR 67249,
November 9, 2000) do not apply.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because this action does not address environmental
health or safety risks disproportionately affecting children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because this action is not expected to affect energy
supply, distribution, or use.
I. National Technology Transfer and Advancement Act (NTTAA)
Since this action does not involve any technical standards, NTTAA
section 12(d), 15 U.S.C. 272 note, does not apply.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. As such, this
[[Page 75754]]
action does not entail special considerations of environmental justice
related issues as delineated by Executive Order 12898 (59 FR 7629,
February 16, 1994).
V. Congressional Review Act
Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., 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 action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 168
Environmental protection, Administrative practice and procedure,
Advertising, Exports, Labeling, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: December 12, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 168--[AMENDED]
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1. The authority citation for part 168 continues to read as follows:
Authority: 7 U.S.C. 136-136y.
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2. Revise the heading for subpart D to part 168 to read as follows:
Subpart D--Procedures for Exporting Pesticides
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3. Add Sec. 168.65 to subpart D to read as follows:
Sec. 168.65 Applicability.
(a) This subpart describes the labeling requirements applicable to
pesticide products and devices that are intended solely for export from
the United States under the provisions of FIFRA section 17(a).
(b) This subpart applies to all export pesticide products and
export pesticide devices that are exported for any purpose, including
research.
(c) Export pesticide products and export pesticide devices are also
subject to requirements for pesticide production reporting,
recordkeeping and inspection, and purchaser acknowledgement provisions
that can be found in the following parts:
(1) Pesticide production reporting requirements under FIFRA section
7 are located in part 167 of this chapter (as referenced in Sec.
168.85(b)).
(2) Recordkeeping and inspection requirements under FIFRA section 8
are located in part 169 of this chapter (as referenced in Sec.
168.85(a)).
(3) Purchaser acknowledgement statement provisions under FIFRA
section 17(a) are located in Sec. 168.75.
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4. Revise Sec. 168.66 to read as follows:
Sec. 168.66 Labeling of pesticide products and devices for export.
Any label and labeling information requirements in Sec. Sec.
168.69, 168.70, and 168.71 that are not met fully on the product label
attached to the immediate product container may be met by collateral
labeling that is either:
(a) Attached to the immediate product (container label); or
(b) Attached to or accompanies the shipping container of the export
pesticide or export device at all times when it is shipped or held for
shipment in the United States.
Sec. 168.68 [Removed and Reserved]
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5. Remove and reserve Sec. 168.68.
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6. In Sec. 168.69, revise paragraph (a) to read as follows:
Sec. 168.69 Registered export pesticide products.
(a) Each export pesticide product that is registered under FIFRA
section 3 or FIFRA section 24(c) must bear labeling approved by EPA for
its registration or collateral labeling in compliance with Sec.
168.66.
* * * * *
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7. In Sec. 168.70, revise the introductory text of paragraph (b) to
read as follows:
Sec. 168.70 Unregistered export pesticide products.
* * * * *
(b) Each unregistered export pesticide product must bear labeling
that complies with all requirements of this section or collateral
labeling in compliance with Sec. 168.66.
* * * * *
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8. In Sec. 168.71, revise paragraph (a) to read as follows:
Sec. 168.71 Export pesticide devices.
(a) Each export pesticide device sold or distributed anywhere in
the United States must bear labeling that complies with all
requirements of this section or collateral labeling in compliance with
Sec. 168.66.
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[FR Doc. 2014-29787 Filed 12-18-14; 8:45 am]
BILLING CODE 6560-50-P