[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Rules and Regulations]
[Page 14165-14166]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr03-19]
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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:
boyle.kathryn@epa.gov.
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
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]
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