[Federal Register: March 3, 2004 (Volume 69, Number 42)]
[Rules and Regulations]
[Page 9958-9963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr04-16]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[OPP-2004-0003; FRL-7344-1]
Gellan Gum; Exemption from the Requirement of a Tolerance
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of gellan gum when used as an inert
ingredient in a pesticide product. CP Kelco submitted a petition to EPA
under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by
the Food Quality Protection Act (FQPA) of 1996, requesting an exemption
from the requirement of a tolerance. This regulation eliminates the
need to establish a maximum permissible level for residues of gellan
gum.
DATES: This regulation is effective March 3, 2004. Objections and
requests for hearings, identified by docket ID number OPP-2004-0003,
must be received on or before May 3, 2004.
ADDRESSES: Written objections and hearing requests may be submitted
electronically, by mail, or through hand delivery/courier. Follow the
detailed instructions as provided in Unit X. of the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT: James Parker, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone
number: (703) 308-0371; e-mail address: parker.james@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected 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
[[Page 9959]]
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-2004-0003. 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 thisFederal 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://.
ecfr.gpoaccess.gov/cgi/t/text/text-idx?sid =baa35b6058a65d5fafe66e
7269d4d215&c=ecfr&tpl =/ecfrbrowse/Title40/40cfrv21--02.tpl, 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 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. 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. Background and Statutory Findings
In the Federal Register of July 16, 2003 (68 FR 42026) (FRL-7317-
4), EPA issued a notice pursuant to section 408 of FFDCA, 21 U.S.C.
346a, as amended by FQPA (Public Law 104-170), announcing the filing of
a pesticide tolerance petition (PP 3E6567) by CP Kelco, 8355 Aero Dr.,
San Diego, CA 92123-1718. This notice included a summary of the
petition prepared by CP Kelco. There were no comments received in
response to the notice of filing.
The petition requested that 40 CFR part 180 be amended by
establishing an exemption from the requirement of a tolerance for
residues of gellan gum (CAS No. 71010-52-1).
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(b)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue....''
EPA performs a number of analyses to determine the risks from
aggregate exposure to pesticide residues. First, EPA determines the
toxicity of pesticides. Second, EPA examines exposure to the pesticide
through food, drinking water, and through other exposures that occur as
a result of pesticide use in residential settings.
III. Human Health Assessment
Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the
available scientific data and other relevant information in support of
this action and considered its validity, completeness and reliability,
and the relationship of this information to human risk. EPA has also
considered available information concerning the variability of the
sensitivities of major identifiable subgroups of consumers, including
infants and children. The nature of the toxic effects caused by gellan
gum are discussed in this unit. The information submitted in support of
this petition included the review and evaluation of 14 toxicity studies
performed using gellan gum by the Joint Expert Committee on Food
Additives (JECFA) which is an international expert scientific committee
that is administered jointly by the Food and Agriculture Organization
of the United Nations (FAO) and the World Health Organization (WHO).
Gellan gum is also approved as a food additive in 21 CFR 172.665.
Gellan gum is produced through the fermentation of Pseudomonas
elodea (a non-pathogenic bacteria). Gellan gum is a water-soluble
polysaccharide that is composed of repeating units, which are called
monosaccharides. These four units are one molecule of rhamnose (a sugar
found in various plants), one molecule of glucuronic acid (an oxidized
glucose molecule), and two molecules of glucose (a component of
sucrose, which is common sugar). Gellan gum has a molecular weight
greater than 70,000 with 95% above 500,000.
According to the CP Kelco website (http://www.cpkelco.com) gellan
gum would typically be used in icings and frostings, jams and jellies,
jellied candies such as gummy bears, and various fruit and bakery
fillings. As the name indicates, when dissolved in water, gellan gum
acts as a thickening or gelling agent, and can produce textures in the
final product that vary from hard, non-elastic, brittle gels to fluid
gels.
A. WHO/JECFA Evaluation
In 1990, gellan gum was evaluated by the JECFA. As part of their
evaluation, they reviewed studies related to the absorption,
distribution, and excretion of gellan gum (in rats). They also reviewed
the following types of toxicological studies: Acute toxicity (in rats),
short-term studies (in rats and monkeys), long-term/carcinogenicity (in
mice, rats, and dogs), reproductive (in rats), and teratology
(developmental) studies (in pregnant rats). The results of these
reviews were discussed in the petitioner's July 16, 2003, Notice of
Filing. The petitioner accurately and adequately stated the reviews
performed by JECFA; therefore, the Agency has not reprinted them in
their entirety in this final rule.
Selected summary information includes the following:
[sbull] Gellan gum was shown to be poorly absorbed and did not
cause any deaths in rats which received a single large
[[Page 9960]]
dose (5 gram (g) per kilogram (kg) of body weight) in the diet or by
gavage.
[sbull] Short-term (90-day) exposure of rats to gellan gum at
levels up to 60 g/kg in the diet did not cause any adverse effects.
[sbull] In a 28-day study in prepubertal monkeys, no overt signs of
toxicity were observed at the highest-dose level of 3 g/kg of body
weight per day.
[sbull] In reproduction and teratogenicity studies in rats in which
gellan gum was given at dose levels up to 50 g/kg in the diet, there
was no evidence of interference with the reproductive process, and no
embryotoxic or developmental effects were observed.
[sbull] Gellan gum was also shown to be non-genotoxic in a battery
of standard short-term tests.
[sbull] In a study in dogs, which were treated for 1 year at dose
levels up to 60 g/kg in the diet, there were no adverse effects that
could be attributed to chronic exposure to gellan gum.
[sbull] In long-term carcinogenicity studies, gellan gum did not
induce any adverse effects in mice or rats at the highest-dose levels
of 30 g/kg and 50 g/kg in the diet, respectively.
The Agency notes that the dose levels used in these animal studies
were in g/kg body weight not milligrams (mg)/kg as in most of the
studies reviewed and evaluated by the Agency.
There was also a limited study on tolerance to gellan gum in
humans. Results indicated that oral doses of up to 200 mg/kg of body
weight administered over a 23-day period did not elicit any adverse
reactions, although faecal bulking effects were observed in most
humans.
In its conclusions, the JECFA Committee indicated that the
potential laxative effect (at high intakes of gellan gum) should be
taken into account when used as a food additive. The JECFA Committee
also allocated an ADI (average daily intake) of ``not specified'' to
gellan gum, which means that a specific limit on the average daily
intake of gellan gum was not needed.
B. FDA Evaluation
Gellan gum is approved by the Food and Drug Administration (FDA) as
a direct food additive when added to foods as a stabilizer or thickener
according to good manufacturing practices when used according to the
following conditions (21 CFR 172.665):
[sbull] The additive is a high molecular weight polysaccharide gum
produced from Pseudomonas elodea by a pure culture fermentation process
and purified by recovery with isopropyl alcohol.
[sbull] The strain of Pseudomonas elodea is non-pathogenic and non-
toxic in man and animals.
[sbull] The additive is produced by a process that renders it free
of viable cells of Pseudomonas elodea.
C. Conclusions
The evaluations performed by WHO and FDA indicate a substance of
lower toxicity. The only concern that has been indicated for gellan gum
as indicated by the JECFA Committee was a possible laxative effect
which occurs only at high intakes of gellan gum. This laxative effect
likely occurs as a result the body's limited ability to absorb gellan
gum.
IV. Aggregate Exposures
In examining aggregate exposure, section 408 of FFDCA directs EPA
to consider available information concerning exposures from the
pesticide residue in food and all other non-occupational exposures,
including drinking water from ground water or surface water and
exposure through pesticide use in gardens, lawns, or buildings
(residential and other indoor uses).
EPA establishes exemptions from the requirement of a tolerance
only in those cases where the risks from aggregate exposure to
pesticide chemical residues under reasonably foreseeable circumstances
will pose no appreciable risks to human health. In order to determine
the risks from aggregate exposure to pesticide inert ingredients, the
Agency considers the toxicity of the inert in conjunction with possible
exposure to residues of the inert ingredient through food, drinking
water, and through other exposures that occur as a result of pesticide
use in residential settings. If EPA is able to determine that a finite
tolerance is not necessary to ensure that there is a reasonable
certainty that no harm will result from aggregate exposure to the inert
ingredient, an exemption from the requirement of a tolerance may be
established.
A. Dietary Exposure
1. Food. Gellan gum has been safely used as a food additive for
over 10 years in various food formulations. Foods which can commonly
contain gellan gum include frostings, gelatins, puddings, fillings,
jams, milk products, fruit juices, and soft candy. CP Kelco supplied to
the Agency, the direct use levels (expressed as percent) of gellan gum
in a variety of food formulations. The typical amount of gellan gum
used as a food additive does not exceed 0.5% of the processed food.
Given the use of gellan gum as a thickening or jelling agent, there
is a ``built in'' limitation as to the amount needed. Too much gellan
gum would over-thicken, making the pudding or jam too stiff for the
intended use. According to information provided by CP Kelco, the
maximum percent of gellan gum in a food formulation to achieve the
desired thickening or jelling effect would be less than 2%.
Gellan gum has a molecular weight which is greater than 70,000 with
95% above 500,000. Such large substances are not easily absorbed, as
demonstrated by the rat metabolism study which indicated poor
absorption. The constituents of gellan gum are naturally occurring
materials (sugar monosaccharides) that, in fact, are found in living
organisms.
Gellan gum is approved for use as a direct food additive by FDA. To
the best of the Agency's knowledge gellan gum has been used for over 10
years as a stabilizer and thickener--as a gelling agent in foods
without any reported incidence. The Agency estimated an annual U.S.
population exposure for gellan gum using the annual production
information provided by CP Kelco (100,000 kg) and a U.S. population
estimate of approximately 290,809,777 as of July 1, 2003, from the U.S.
census website (http://eire.census.gov/popest/data/national/popbriefing.php
). The Agency estimated annual exposure of gellan gum to
the U.S. population is approximately 0.94 mg/person/day.
Equation used to calculate exposure provided below:
100,000 (kg/year) / (290,809,777 (people) x 365 (days/year)) = 0.94
100,000,000,000 (mg/year) / 106,145,568,605 (people/day/year) = 0.94
mg/person/day
The amount of gellan gum that could occur in food as a result of
its use as an inert ingredient in a pesticide product should not
significantly increase the amount of gellan gum in the food supply
above those amounts currently permitted by FDA. Furthermore, it is
unlikely that the manner which gellan gum is used in pesticide
formulations will differ significantly from it's use as a direct food
additive due to ``built in'' limitations based on the desired
thickening or gelling effect.
2. Drinking water exposure. Gellan gum is composed of repeating
monosaccharides. When mixed with water, gellan gum acts as a thickener,
thus producing a viscous solution. Eventually, the material will
degrade to the constituent monosaccharides: Two glucose molecules, one
glucuronic molecule, and one rhamnose molecule. The rate at which this
occurs will
[[Page 9961]]
depend on the size of the ``bead'' that forms when dissolved in water.
While physical/chemical degradation processes (such as hydrolysis)
would occur, it is more likely that gellan gum would be degraded via
microbial degradation. Due to the lower toxicity of the degradates, the
naturally occurring sugars, there are no concerns for exposure to
gellan gum in drinking water.
B. Other Non-occupational Exposure
The Agency believes that the potential for the use of gellan gum in
and around the home exists.
1. Dermal exposure. Based on the high molecular weight of gellan
gum, it is not likely to be absorbed through the skin.
2. Inhalation exposure. Based on the fact that gellan gum is a
polysaccharide which would degrade into naturally occurring sugars, it
is not likely to cause any adverse effects when inhaled. The resulting
molecules are normally found in living organisms (including humans) and
would be metabolized normally.
V. Cumulative Effects
Section 408 (b)(2)(D)(v) of FFDCA requires that, when considering
whether to establish, modify, or revoke a tolerance or tolerance
exemption, the Agency consider ``available information'' concerning the
cumulative effects of a particular chemical's residues and ``other
substances that have a common mechanism of toxicity.''
Unlike other pesticides for which EPA has followed a cumulative
risk approach based on a common mechanism of toxicity, EPA has not made
a common mechanism of toxicity finding as to gellan gum and any other
substances, and gellan gum does not appear to produce a toxic
metabolite produced by other substances. For the purposes of this
tolerance action, therefore, EPA has not assumed that gellan gum has a
common mechanism of toxicity with other substances. For information
regarding EPA's efforts to determine which chemicals have a common
mechanism of toxicity and to evaluate the cumulative effects of such
chemicals, see the policy statements released by EPA's Office of
Pesticide Programs concerning common mechanism determinations and
procedures for cumulating effects from substances found to have a
common mechanism on EPA's website at http://www.epa.gov/pesticides/cumulative/
.
VI. Additional Safety Factor for the Protection of Infants and Children
Section 408 of FFDCA provides that EPA shall apply an additional
tenfold margin of safety for infants and children in the case of
threshold effects to account for prenatal and postnatal toxicity and
the completeness of the data base unless EPA concludes that a different
margin of safety will be safe for infants and children. The JEFCA
committee has evaluated reproductive and teratogenicity (developmental)
toxicity studies in rats in which gellan gum was given at dose levels
up to 50 g/kg in the diet and found no indication of increased
susceptibility. Based on the WHO/JECFA evaluation of gellan gum, EPA
has not used a safety factor analysis to assess the risk of gellan gum.
For the same reasons the additional tenfold safety factor is
unnecessary.
VII. Determination of Safety for U.S. Population, Infants and Children
The JECFA Committee reviewed and evaluated 14 toxicity studies and
as a result of their review and evaluation, JECFA determined an ADI
(Acceptable Daily Intake) of ``not specified.'' The only concern was
for the potential laxative effect at high intakes. FDA has also
approved the use of gellan gum as a direct food additive when used as a
stabilizer and thickening agent (21 CFR 172.665).
Based on the available information which includes an Agency
estimated-daily exposure of 0.94 mg/kg/day, toxicity studies conducted
in g/kg body weight rather than mg/kg body weight (with few to no
effects), evaluations by both FDA and WHO/JEFCA, and the high molecular
weight of gellan gum, the EPA finds that exempting gellan gum (CAS No.
71010-52-1) from the requirement of a tolerance will be safe.
VIII. Other Considerations
A. Endocrine Disruptors
FQPA requires EPA to develop a screening program to determine
whether certain substances, including all pesticide chemicals (both
inert and active ingredients), ``may have an effect in humans that is
similar to an effect produced by a naturally occurring estrogen, or
such other endocrine effect. . .'' EPA has been working with interested
stakeholders to develop a screening and testing program, as well as a
priority-setting scheme. As the Agency proceeds with implementation of
this program, further testing of products containing gellan gum for
endocrine effects may be required.
B. Analytical Method(s)
An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.
C. Existing Tolerances
There are no existing tolerances or tolerance exemptions for gellan
gum.
D. International Tolerances
Gellan gum is used as a food additive in many countries. The Agency
is not aware of any country requiring a tolerance for gellan gum nor
have any CODEX Maximum Residue Levels (MRL's) been established for any
food crops at this time.
E. List 4A (Minimal Risk) Classification
The Agency established 40 CFR 180.950 (see the rationale in the
proposed rule published January 15, 2002 (67 FR 1925) (FRL-6807-8)) to
collect the tolerance exemptions for those substances classified as
List 4A, i.e., minimal risk substances. As part of evaluating an inert
ingredient and establishing the tolerance exemption, the Agency
determines the chemical's list classification. The results of the
review and evaluation performed by WHO/JECFA as well as FDA's approval
of gellan gum as a direct food additive, indicate a substance of lower
toxicity. Therefore, gellan gum (CAS No. 71010-52-1) is to be
classified as a List 4A inert ingredient.
IX. Conclusion
Based on the information in the official public docket, summarized
in this preamble, EPA concludes that there is a reasonable certainty of
no harm from aggregate exposure to residues of gellan gum (CAS No.
71010-52-1). Accordingly, EPA finds that exempting gellan gum from the
requirement of a tolerance will be safe.
X. Objections and Hearing Requests
Under section 408(g) of FFDCA, as amended by the FQPA, any person
may file an objection to any aspect of this regulation and may also
request a hearing on those objections. The EPA procedural regulations
which govern the submission of objections and requests for hearings
appear in 40 CFR part 178. Although the procedures in those regulations
require some modification to reflect the amendments made to the FFDCA
by the FQPA of 1996, EPA will continue to use those procedures, with
appropriate adjustments, until the necessary modifications can be made.
The new section 408(g) of FFDCA provides essentially the same process
for persons to ``object'' to a regulation for an exemption from the
requirement of a tolerance issued by EPA under new section 408(d) of
FFDCA, as was
[[Page 9962]]
provided in the old sections 408 and 409 of FFDCA. However, the period
for filing objections is now 60 days, rather than 30 days.
A. What Do I Need to Do to File an Objection or Request a Hearing?
You must file your objection or request a hearing on this
regulation in accordance with the instructions provided in this unit
and in 40 CFR part 178. To ensure proper receipt by EPA, you must
identify docket ID number OPP-2004-0003 in the subject line on the
first page of your submission. All requests must be in writing, and
must be mailed or delivered to the Hearing Clerk on or before May 4,
2004.
1. Filing the request. Your objection must specify the specific
provisions in the regulation that you object to, and the grounds for
the objections (40 CFR 178.25). If a hearing is requested, the
objections must include a statement of the factual issues(s) on which a
hearing is requested, the requestor's contentions on such issues, and a
summary of any evidence relied upon by the objector (40 CFR 178.27).
Information submitted in connection with an objection or hearing
request may be claimed confidential by marking any part or all of that
information as CBI. Information so marked will not be disclosed except
in accordance with procedures set forth in 40 CFR part 2. A copy of the
information that does not contain CBI must be submitted for inclusion
in the public record. Information not marked confidential may be
disclosed publicly by EPA without prior notice.
Mail your written request to: Office of the Hearing Clerk (1900C),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001. You may also deliver your request to the
Office of the Hearing Clerk in Rm.104, Crystal Mall 2, 1921
Jefferson Davis Hwy., Arlington, VA. The Office of the Hearing Clerk is
open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Office of the Hearing Clerk is
(703) 603-0061.
2.Tolerance fee payment. If you file an objection or request a
hearing, you must also pay the fee prescribed by 40 CFR 180.33(i) or
request a waiver of that fee pursuant to 40 CFR 180.33(m). You must
mail the fee to: EPA Headquarters Accounting Operations Branch, Office
of Pesticide Programs, P.O. Box 360277M, Pittsburgh, PA 15251. Please
identify the fee submission by labeling it ``Tolerance Petition Fees.''
EPA is authorized to waive any fee requirement``when in the
judgement of the Administrator such a waiver or refund is equitable and
not contrary to the purpose of this subsection.'' For additional
information regarding the waiver of these fees, you may contact James
Tompkins by phone at (703) 305--5697, by e-mail at
tompkins.jim@epa.gov, or by mailing a request for information to Mr.
Tompkins at Registration Division (7505C), Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
If you would like to request a waiver of the tolerance objection
fees, you must mail your request for such a waiver to: James Hollins,
Information Resources and Services Division (7502C), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
3. Copies for the Docket. In addition to filing an objection or
hearing request with the Hearing Clerk as described in Unit X.A., you
should also send a copy of your request to the PIRIB for its inclusion
in the official record that is described in Unit I.B.1. Mail your
copies, identified by docket ID number OPP-2004-0003, to: Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001. In person or by courier, bring a copy to the location of the
PIRIB described in Unit I.B.1. You may also send an electronic copy of
your request via e-mail to: opp-docket@epa.gov. Please use an ASCII
file format and avoid the use of special characters and any form of
encryption. Copies of electronic objections and hearing requests will
also be accepted on disks in WordPerfect 6.1/8.0 or ASCII file format.
Do not include any CBI in your electronic copy. You may also submit an
electronic copy of your request at many Federal Depository Libraries.
B. When Will the Agency Grant a Request for a Hearing?
A request for a hearing will be granted if the Administrator
determines that the material submitted shows the following: There is a
genuine and substantial issue of fact; there is a reasonable
possibility that available evidence identified by the requestor would,
if established resolve one or more of such issues in favor of the
requestor, taking into account uncontested claims or facts to the
contrary; and resolution of the factual issues(s) in the manner sought
by the requestor would be adequate to justify the action requested (40
CFR 178.32).
XI. Statutory and Executive Order Reviews
This final rule establishes an exemption from the tolerance
requirement under section 408(d) of FFDCA in response to a petition
submitted to the Agency. The Office of Management and Budget (OMB) has
exempted these types of actions from review under Executive Order
12866, entitledRegulatory Planning and Review (58 FR 51735, October 4,
1993). Because this rule has been exempted from review under Executive
Order 12866 due to its lack of significance, this rule is not subject
to Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001). This final rule does not contain any information
collections subject to OMB approval under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., or 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 any 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 OMB review or any Agency action under Executive Order 13045,
entitled Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997). 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). Since
tolerances and exemptions that are established on the basis of a
petition under section 408(d) of FFDCA, such as the exemption in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.) do not apply. In addition, the Agency has determined that this
action will not have a 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, entitled Federalism
(64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the
[[Page 9963]]
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications '' is defined in the
Executive order to include regulations that have ``substantial direct
effects on the 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.'' This final
rule directly regulates growers, food processors, food handlers and
food retailers, not States. This action does not alter the
relationships or distribution of power and responsibilities established
by Congress in the preemption provisions of section 408(n)(4) of FFDCA.
For these same reasons, the Agency has determined that this rule does
not have any ``tribal implications'' as described in Executive Order
13175, entitled Consultation and Coordination with Indian Tribal
Governments (65 FR 67249, November 6, 2000). Executive Order 13175,
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.''``Policies that have tribal
implications'' is defined in the Executive order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal Government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.'' This rule will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
XII. 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 practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: February 17, 2004.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
0
Therefore, 40 CFR chapter I is amended as follows:
PART 180--[AMENDED]
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346(a) and 371.
0
2. In Sec. 180.950, the table in paragraph (e) is amended by adding
alphabetically the following entry to read as follows:
Sec. 180.950 Tolerance exemptions for minimal risk active and inert
ingredients.
* * * * *
(e) * * *
------------------------------------------------------------------------
Chemical CAS No.
------------------------------------------------------------------------
* * * * *
Gellan gum................................................. 71010-52-1
* * * * *
------------------------------------------------------------------------
[FR Doc. 04-4707 Filed 3-2-04; 8:45 am]
BILLING CODE 6560-50-S