Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4073 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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 the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 19, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: February 8, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart TT—Utah 

■ 2. Section 52.2320 is amended by 

adding paragraph (c)(72) to read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(72) On May 26, 2011 and September 

29, 2011, the State of Utah submitted 

revisions to its State Implementation 

Plan to incorporate the smoke 

management requirements of the 

regional haze program. 

(i) Incorporation by reference. 

(A) Title R307 of the Utah 

Administrative Code—Environmental 

Quality, Air Quality, Rule R307–204— 

Emission Standards: Smoke 

Management, sections -1, Purpose and 

Goals, and -2, Applicability. Effective 

December 31, 2003; as published in the 

Utah State Bulletin October 1, 2003 and 

January 15, 2004. 

(B) Title R307 of the Utah 

Administrative Code—Environmental 

Quality, Air Quality, Rule R307–204— 

Emission Standards: Smoke 

Management, section -4, General 

Requirements. Effective April 7, 2006; 

as published in the Utah State Bulletin 

March 1, 2006 and May 1, 2006. 

(C) Title R307 of the Utah 

Administrative Code, Rule R307–204— 

Environmental Quality, Air Quality, 

Rule R307–204—Emission Standards: 

Smoke Management, sections -3, 

Definitions, -5, Burn Schedule, -6, Small 

Prescribed Fires (de minimis), -7, Small 

Prescribed Pile Fires (de minimis), -8, 

Large Prescribed Fires, -9, Large 

Prescribed Pile Fires, and -10, 

Requirements for Wildland Fire Use 

Events. Effective July 7, 2011; as 

published in the Utah State Bulletin 

May 1, 2011 and August 1, 2011. 

(ii) Additional materials. 

(A) Section XX.G of the Utah Regional 

Haze State Implementation Pan. 

Effective April 7, 2011. Published in the 

Utah State Bulletin February 1, 2011. 

[FR Doc. 2013–00362 Filed 1–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 168 

[EPA–HQ–OPP–2009–0607; FRL–9360–8] 

RIN 2070–AJ53 

Labeling of Pesticide Products and 

Devices for Export; Clarification of 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revising the 

regulations on the labeling of pesticide 

products and devices intended solely 

for export. Specifically, EPA is 

restructuring the current regulations to 

clarify which provisions apply under 

various circumstances. EPA is also 

increasing specificity in the regulations 

by requiring that people who transfer 

unregistered pesticide products between 

registered establishments operated by 

the same producer within the United 

States must also comply with the 

requirements of this part if those 

products are intended solely for export 

at the time of such transfer. EPA 

believes that this requirement is 

necessary to ensure appropriate 

handling of such products as they move 

in commerce before they actually leave 

the United States. 

DATES: This final rule is effective March 

19, 2013. The compliance date for the 

requirement to label unregistered 

pesticide products intended solely for 

export that are being shipped between 

registered establishments operated by 

the same producer is January 21, 2014. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0607, is 

available either at http:// 

www.regulations.gov, or at the OPP 

Docket in the Environmental Protection 

Agency Docket Center (EPA/DC), 

located in EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. 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: Vera 

Au, Field and External Affairs Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 


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(703) 308–9069; fax number: (703) 305– 

5884; email address: au.vera@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. What action is the agency taking? 

The Agency is revising the regulations 

on the labeling of pesticide products 

and devices intended solely for export. 

The revisions will clarify the labeling 

requirements and assist in compliance. 

Unregistered pesticide products that are 

intended solely for export but that are 

shipped between registered 

establishments in the United States 

operated by the same producer under 40 

CFR 152.30(a) must comply with the 

labeling requirements in 40 CFR part 

168. 

B. What is the agency’s authority for 

taking this action? 

EPA is authorized under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), 7 U.S.C. 136 et seq., to 

regulate the sale, distribution, and use 

of pesticide products and devices 

through a licensing (registration) 

scheme. This action is issued under the 

authority of section 25(a) of FIFRA, 7 

U.S.C. 136w(a), to carry out the 

provisions of section 17(a) of FIFRA, 7 

U.S.C. 136o(a). 

In addition, because it is recognized 

that regulations written in a clear and 

easily readable style can save time and 

effort for the federal government and for 

persons affected by the regulation, 

agencies are specifically directed to use 

plain language in writing or revising 

regulations. For example, Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993), says that regulations 

must be ‘‘simple and easy to 

understand, with the goal of minimizing 

uncertainty and litigation * * *’’ (Sec. 

1, Par. (b)(12)). Executive Order 12988, 

entitled Civil Justice Reform (61 FR 

4729, February 7, 1996), requires 

agencies that are reviewing existing 

regulations take the necessary steps to 

eliminate drafting errors and ambiguity, 

minimize potential litigation, and 

provide a clear legal standard for 

affected conduct. The Plain Writing Act 

of 2010, 5 U.S.C. 301 note, requires 

Federal agencies to use ‘‘clear 

government communication that the 

public can understand and use.’’ 

Executive Order 13563, entitled 

Improving Regulation and Regulatory 

Review (76 FR 3821, January 21, 2011), 

states that ‘‘[our regulatory system] must 

ensure that regulations are accessible, 

consistent, written in plain language, 

and easy to understand.’’ 

C. Does this action apply to 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 inclusion 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 might apply 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. 

D. What are the incremental costs and 

benefits of this action? 

EPA did not quantify the potential 

costs or benefits from these revisions, 

which are qualitatively discussed in this 

unit. EPA has determined that there are 

minimal costs for industry to comply 

with the requirement that the 

unregistered pesticide product or device 

intended solely for export that is 

shipped between registered 

establishments operated by the same 

producer must be labeled in compliance 

with 40 CFR part 168, particularly the 

required statement ‘‘Not Registered for 

Use in the United States.’’ This 

determination was made given that most 

of the labeling requirements for export 

pesticide products already appear in 

other existing requirements, and the 

burden of adding the additional 

statement to unregistered products or 

devices intended solely for export that 

are shipped between registered 

establishments operated by the same 

producer would be negligible. EPA 

believes that this labeling change may 

be easily accomplished using commonly 

available word processing software; in 

addition, this label change does not 

require label submission to or approval 

by EPA, and shall be phased in as part 

of normal business operations. As such, 

EPA has concluded that the per firm 

and industry level impact of the rule is 

not significant. 

Benefits are derived from the 

additional protection of public health 

and the environment that may result 

from ensuring appropriate handling of 

such unregistered pesticide products as 

they move in commerce before they 

actually leave the United States. 

Requiring that unregistered pesticide 

products and devices intended solely 

for export that are shipped between 

establishments operated by the same 

producer be labeled according to the 

current regulations in § 168.65, prevents 

them from inadvertently entering the 

U.S. market and provides compliance 

assistance. This requirement further 

protects public health and the 

environment by ensuring safe and 

appropriate handling of such products 

as they move in commerce before they 

actually leave the United States. 

II. Background 

A. Summary of the Proposed Rule 

EPA published a notice in the Federal 

Register of April 6, 2011 (76 FR 18995) 

proposing to revise the regulations on 

labeling of pesticide products and 

devices intended solely for export. EPA 

proposed to include a specific 

indication that these requirements also 

apply to unregistered pesticide products 

intended solely for export when they are 

shipped between registered 

establishments in the United States 

operated by the same producer 

according to 40 CFR 152.30(a) before 

they are actually exported from the 

United States. 

B. Public Comments on the Proposed 

Rule 

EPA has considered the comments 

received on the proposed rule, and 

provided responses in a Response to 

Comments document, which is available 

in the docket for this rule under 

document ID No. EPA–HQ–OPP–2009– 

0607–0015. Only the key comments and 

the Agency’s responses are discussed in 

this rule. 

1. Labeling terms. Commenters called 

attention to inconsistencies in the use of 

the terms ‘‘label,’’ ‘‘labeling,’’ and 

‘‘supplemental labeling’’ in the 

proposed regulations. EPA has revised 

the regulatory text according to the 

definitions of these terms in FIFRA 

section 2(p) to eliminate the 

inconsistencies. 

2. Foreign language labeling. 

Commenters indicated that the 

proposed regulations addressing foreign 

languages on labeling did not explicitly 

allow for an exception when the 

predominant or official language of the 

importing country is English. The 

regulatory text has been revised so that 

labeling text is only required to appear 

in a foreign language if English is not 

the predominant or official language in 

the importing country, as well as the 

country of final destination, if known. 

3. Formulation modifications. One 

commenter supported EPA’s proposal to 

remove the list of formulation 

modifications and allow a broader range 

of changes that can be made to a 

registered pesticide product intended 

solely for export while it may still be 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4075 

considered to be ‘‘registered’’ for 

purposes of section 17(a) of FIFRA, i.e. 

any changes that are permitted under 

notification or non-notification. The 

Pesticide Registration Manual and the 

Pesticide Registration Notice 98–10 

provide more information and guidance 

on the permitted changes. 

4. Human hazard and precautionary 

statements. One commenter disagreed 

with the use of ‘‘appropriate’’ and 

‘‘inappropriate’’ in the description of 

the statements; EPA had selected those 

terms because a literal translation of the 

U.S. human health and precautionary 

statements might not convey the correct 

level of caution in the importing 

country. EPA has revised the regulatory 

text to require ‘‘true and accurate’’ 

translations of the English statements in 

the human hazard and precautionary 

statements. 

5. Amplification of the phrase ‘‘Not 

Registered for Use in the United States.’’ 

Several commenters assumed that 

amplification of the phrase was required 

and maintained such amplification was 

not necessary. EPA agrees that the 

phrase ‘‘Not Registered for Use in the 

United States,’’ a FIFRA requirement for 

unregistered pesticide products, is 

sufficient to comply with this rule if the 

exporting company prefers not to use 

any further optional amplification. 

Another commenter suggested that 

including the phrase on device labeling 

would create a competitive 

disadvantage in the marketplace. 

However, EPA believes that the ability 

to include explanatory text such as 

‘‘because pesticide devices are not 

required to be registered’’ should 

resolve this potential concern. 

6. Shipping between registered 

establishments operated by the same 

producer. Several commenters 

discussed potential problems associated 

with the proposed requirement that 

when unregistered pesticide products 

intended solely for export are shipped 

between registered establishments 

operated by the same producer, the 

products are required to have labeling 

that complies with 40 CFR part 168. 

One issue raised by a commenter related 

to the many steps in the production 

process for pesticide products. One 

commenter suggested the new 

requirement be added to 40 CFR 152.30 

instead of part 168 while another 

believed the new requirement was not 

even necessary. After considering the 

comments, EPA believes that it is more 

appropriate to retain the new 

requirement in § 168.70 instead of 

adding it to 40 CFR 152.30. 

III. The Final Rule 

With the exception of the 

modifications discussed in the previous 

unit, EPA is finalizing the rule in 

essentially the same form as the 

proposed rule. This rule will clarify, 

restructure, add specificity to the 

current regulations and will also add an 

extra margin of safety when shipments 

of unregistered pesticides and devices 

that are intended solely for export move 

between registered establishments 

operated by the same producer prior to 

being exported. The regulations at 40 

CFR 152.30(a) currently allow the 

transfer of an unregistered pesticide 

between registered establishments 

operated by the same producer, and 

require the transferor to follow the 

labeling requirements in 40 CFR part 

156. EPA believes that requiring the 

registration status information from 40 

CFR 168.70(b)(3) on the label when such 

products are intended solely for export 

at the time of the transfer will result in 

safer and more appropriate handling 

and distribution of unregistered 

pesticide products and devices. EPA 

also believes that this requirement will 

help to prevent unregistered pesticide 

products and devices intended solely 

for export from inadvertently entering 

the U.S. market. 

IV. FIFRA Review Requirements 

In accordance with FIFRA section 

25(a), EPA submitted a draft of this final 

rule to the FIFRA Scientific Advisory 

Panel (SAP), the Secretary of 

Agriculture (USDA), and appropriate 

Congressional Committees. The FIFRA 

SAP waived its review of this final rule 

on June 7, 2012 because this action is 

administrative and does not contain 

scientific issues that require the FIFRA 

SAP’s consideration. USDA waived the 

opportunity to review the final rule on 

June 19, 2012 because clarification and 

restructuring of the current regulations 

are administrative actions with no 

scientific or policy issues. 

V. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and was therefore not 

submitted to the Office of Management 

and Budget for review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

significant information collection 

burden that would require additional 

review or approval by OMB under the 

PRA, 44 U.S.C. 3501 et seq. The 

information collection requirements 

contained in the existing regulations (40 

CFR 168.65), are already approved by 

OMB under OMB control number 2070– 

0027 (EPA ICR No. 0161); since there is 

no new significant burden, it was not 

necessary to amend the ICR. Burden is 

defined at 5 CFR 1320.3(b). An agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in Title 40 are 

displayed in the Federal Register and 

are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act (RFA) 

The RFA, 5 U.S.C. 601 et seq., 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act, 5 U.S.C. 

551–553, or any other statute unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of today’s rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201. A small business that 

manufactures pesticides and other 

agricultural chemicals as defined by 

NAICS code 325320 has 500 or fewer 

employees (based on the Small Business 

Administration size standards); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. The small entities 

directly regulated by this final rule are 

small manufacturers of pesticides which 

export unregistered pesticide products 

or devices. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

EPA has determined that the cost is 

minimal to comply with the 

requirement that an unregistered 


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4076 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

pesticide product intended solely for 

export that is transferred between 

registered establishments under 

§ 152.30(a) must be labeled with the 

statement ‘‘Not Registered for Use in the 

United States.’’ This is because existing 

requirements already call for labeling 

that includes most of the provisions in 

40 CFR part 168, and the burden of 

adding the additional statement in that 

limited context would be negligible. 

EPA believes this labeling change may 

be easily accomplished using commonly 

available word processing software; in 

addition, this label change does not 

require label submission to or approval 

by EPA, and can be phased in as part 

of normal business operations by 

January 21, 2014. EPA concluded that 

the per firm and industry level impact 

of the final rule is insignificant. 

EPA believes that increasing the 

specificity of the current regulations 

will minimally affect all manufacturers 

of pesticide products and devices 

intended solely for export, not just those 

manufacturers that are small entities. 

The more specific indication that ‘‘Not 

Registered for Use in the United States’’ 

will be required for unregistered 

pesticide products and devices intended 

solely for export that are shipped 

between establishments operated by the 

same producer; this is the identical 

labeling information that is already 

required before an unregistered 

pesticide product or device intended 

solely for export is in fact exported to 

another country. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local or tribal 

governments or the private sector. This 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector because the action is 

expected to only affect producers, 

transporters, formulators, packagers, 

and exporters of unregistered pesticide 

products and devices intended solely 

for export and to not result in 

expenditures of $100 million or more. 

Since no State, local, or tribal 

government is known to produce, 

transport, formulate, package, or export 

unregistered pesticide products or 

devices, this rule is not expected to 

affect State, local, and tribal 

governments individually, much less in 

the aggregate. Therefore, this action is 

not subject to the requirements of 

sections 202 or 205 of UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments since 

no small government is known to 

produce, transport, formulate, package, 

or export unregistered pesticide 

products or devices. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action contains 

no regulatory requirements that might 

affect State or local governments since 

no State or local government is known 

to produce, transport, formulate, 

package, or export unregistered 

pesticide products or devices. Thus, 

Executive Order 13132 does not apply 

to this action. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and the State and local governments, 

EPA specifically solicited comment on 

the proposed action from State and local 

officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000) because this action 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. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks, nor is it an ‘‘economically 

significant regulatory action’’ as defined 

in Executive Order 12866. The 

clarification and restructuring of current 

regulations for the export of 

unregistered pesticide products and 

devices do not present a 

disproportionate risk to 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 it is not a significant 

regulatory action under Executive Order 

12866 nor will it affect energy supply, 

distribution, or use. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This action does not involve technical 

standards that would require the 

consideration of voluntary consensus 

standards pursuant to NTTA section 

12(d), Public Law No. 104–113, 12(d) 

(15 U.S.C. 272 note). Thus, NTTAA does 

not apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule 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. 

The clarification and restructuring of 

current regulations for the export of 

unregistered pesticide products and 

devices 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. 


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Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4077 

VI. Congressional Review Act (CRA) 

Pursuant to the CRA, 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 

40 CFR Part 9 

Environmental protection, 

Information collection requirements. 

40 CFR Part 168 

Environmental protection, 

Administrative practice and procedure, 

Advertising, Exports, Labeling, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: January 11, 2013. 

James Jones, 

Acting Assistant Administrator for Chemical 

Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

§ 9.1 [Amended] 

■ 2. In the table to § 9.1, under the 

center heading ‘‘Statements of 

Enforcement Policies and 

Interpretations,’’ remove the entire entry 

for ‘‘168.65.’’ 

PART 168—[AMENDED] 

■ 3. The authority citation for part 168 

continues to read as follows: 

Authority: 7 U.S.C. 136–136y. 

■ 4. Revise the heading for subpart D to 

part 168 to read as follows: 

Subpart D—Export Policy and 

Procedures for Exporting Pesticides 

§ 168.65 [Removed and reserved] 

■ 5. Remove and reserve § 168.65. 

■ 6. Add § 168.66 through § 168.71 to 

subpart D to read as follows: 

Sec. 

168.66 Labeling of pesticide products and 

devices intended solely for export. 

168.67 Definitions. 

168.68 Applicability. 

168.69 Registered export pesticide 

products. 

168.70 Unregistered export pesticide 

products. 

168.71 Export pesticide devices. 

§ 168.66 Labeling of pesticide products 

and devices intended solely for export. 

(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). The requirements for pesticide 

production reporting, recordkeeping 

and inspection and purchaser 

acknowledgement provisions 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 § 168.85(b)); 

(2) Recordkeeping and inspection 

requirements under FIFRA section 8 are 

located in part 169 of this chapter (as 

referenced in § 168.85(a)); 

(3) Purchaser acknowledgement 

statement provisions under FIFRA 

section 17(a) are located in § 168.75. 

(b) The labeling of pesticide products 

and devices intended solely for export 

must comply with the requirements in 

§ 156.10(a)(4) of this chapter. 

(c) The labeling of pesticide products 

and devices intended solely for export 

must comply with this regulation no 

later than January 21, 2014. 

§ 168.67 Definitions. 

Terms used in this subpart have the 

same meanings as in the Act and as in 

§ 152.3 of this chapter, unless otherwise 

defined in this section. 

Export pesticide device means a 

device, as defined in FIFRA section 

2(h), that is intended solely for export 

from the United States to another 

country. 

Export pesticide product means a 

pesticide product, as defined in § 152.3 

of this chapter, that is intended solely 

for export from the United States to 

another country. 

§ 168.68 Applicability. 

This subpart applies to all export 

pesticide products and export pesticide 

devices that are exported for any 

purpose, including any research 

purpose. 

§ 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 and 

comply with the requirements of 

§ 168.66(b). 

(b) For the purposes of this subpart, 

a registered export pesticide product is 

considered to be any of the following: 

(1) A pesticide product of 

composition, packaging and labeling as 

described in its registration under 

FIFRA section 3; 

(2) A pesticide product that has been 

modified in compliance with the 

notification or non-notification 

provisions of § 152.46 of this chapter, 

and any associated procedures issued 

under § 156.10(e) of this chapter, 

regardless of whether such modification 

has been made for the pesticide 

product’s registration under FIFRA 

section 3; 

(3) A pesticide product initially 

registered by a State under FIFRA 

section 24(c), and whose Federal 

registration has not been disapproved by 

EPA under § 162.164 of this chapter. 

(c) The text of the labeling of the 

export pesticide product must be 

provided in English and, if applicable, 

the following foreign languages: 

(1) The predominant or official 

language of the country of final 

destination, if known; and 

(2) The predominant or official 

language of the importing country. 

§ 168.70 Unregistered export pesticide 

products. 

(a) Any export pesticide product that 

does not meet the terms of § 168.69 is 

an unregistered export pesticide product 

for purposes of this subpart. 

(b) Each unregistered export pesticide 

product must bear labeling that 

complies with all requirements of this 

section and § 168.66(b). 

(1) The labeling must comply with all 

of the prominence and legibility 

requirements of § 156.10(a)(2) of this 

chapter. 

(2) The labeling must comply with all 

the language requirements in 

§§ 168.69(c) and 156.10(a)(3) of this 

chapter. 

(3) The labeling must bear the 

following information: 

(i) The name and address of the 

producer, in accordance with the 

requirements of § 156.10(c) of this 

chapter; 

(ii) The net weight or measure of 

contents, in accordance with the 

requirements of § 156.10(d) of this 

chapter; 

(iii) The pesticide producing 

establishment number, in accordance 

with the requirements of § 156.10(f) of 

this chapter; 


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4078 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

(iv) An ingredients statement, in 

accordance with the requirements of 

§ 156.10(g) of this chapter, except that: 

(A) The ingredients statement need 

not appear in a second language besides 

English if English is the official or 

predominant language in the importing 

country and the country of final 

destination, if known; and 

(B) An export pesticide product 

intended solely for research and 

development purposes, (and which 

bears the statement ‘‘For research and 

development purposes only. Not for 

distribution, sale, or use,’’ or similar 

language) may bear coded ingredient 

information to protect confidentiality. 

(v) Human hazard and precautionary 

statements in accordance with the 

requirements of subpart D of part 156 of 

this chapter. The statements must be 

true and accurate translations of the 

English statements. 

(vi) The statement ‘‘Not Registered for 

Use in the United States of America,’’ 

which may be amplified by additional 

statements accurately describing the 

reason(s) why the export pesticide 

product is not registered in the United 

States, or is not registered for particular 

uses in the United States. 

(c) This section also applies to all 

unregistered pesticide products and 

devices that are intended solely for 

export and that are transferred, 

distributed, or sold between registered 

establishments operated by the same 

producer according to § 152.30(a) of this 

chapter if: 

(1) The transfer, distribution or sale 

occurs between a point in the United 

States and a point outside the United 

States, or 

(2) The transfer occurs within the 

United States solely for the purpose of 

export from the United States. 

§ 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 and 

§ 168.66(b). 

(b) The labeling of each export 

pesticide device must meet all of the 

prominence and legibility requirements 

of § 156.10(a)(2) of this chapter. 

(c) The labeling must also comply 

with all the language requirements in 

§ 168.69(c) and § 156.10(a)(3) of this 

chapter. 

(d) The labeling must bear the 

following information: 

(1) The name and address of the 

producer, meeting the requirements of 

§ 156.10(c) of this chapter; 

(2) The producing establishment 

number, meeting the requirements of 

§ 156.10(f) of this chapter; 

(3) The statement ‘‘Not Registered for 

Use in the United States of America,’’ 

which may be amplified by additional 

statements describing the reason why 

the export pesticide device is not 

registered in the United States, such as 

‘‘because pesticide devices are not 

required to be registered in the United 

States.’’ 

(e) An export pesticide device is not 

required to bear an ingredients 

statement. 

[FR Doc. 2013–01055 Filed 1–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 11–38; RM–11621; DA 13– 

9] 

Radio Broadcasting Services; 

Hebbronville, TX 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Charles Crawford, substitutes 

Channel 282A for vacant Channel 232A 

at Hebbronville, Texas. The purpose of 

the proposed channel substitution at 

Hebbronville is to accommodate the 

hybrid application, File No. BNPH– 

20070502ADP, which requests the 

substitution of Channel 232A for 

Channel 282A at Benavides, Texas, and 

modification of the new FM station. 

Channel 282A can be allotted to 

Hebbronville consistent with the 

minimum distance separation 

requirements of the Rules with a site 

restriction 11 kilometers (6.8 miles) 

northwest of the community. The 

reference coordinates for Channel 282A 

are 27–23–18 NL and 98–44–26 WL. 

Channel 282A at Hebbronville is located 

320 kilometers from the Mexican 

Border. Although Mexican concurrence 

has been requested, notification has not 

been received. If a construction permit 

for Channel 282A at Hebbronville, 

Texas is granted prior to receipt of 

formal concurrence by the Mexican 

government, the authorization will 

include the following condition: 

‘‘Operation with the facilities specified 

herein for Hebbronville, Texas, is 

subject to modification, suspension, or 

termination without right to hearing, if 

found by the Commission to be 

necessary in order to conform to the 

Mexico-United States FM Broadcast 

Agreement, or if specifically objected to 

by the Government of Mexico.’’ 

DATES: Effective February 18, 2013. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th, 

SW., Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2700. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, adopted January 3, 2013, and 

released January 4, 2013. The full text 

of this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 12th Street SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street SW., Room CY–B402, 

Washington, DC 20554, telephone 1– 

800–378–3160 or via email 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the Government Accountability 

Office pursuant to the Congressional 

Review Act, see 5 U.S.C. 801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

Federal Communications Commission. 

Nazifa Sawez, 

Assistant Chief, Audio Division, Media 

Bureau. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336 

and 339. 

§ 73.202 [Amended] 

■ 2. Section 73.202(b), the Table of FM 

Allotments under Texas, is amended by 

removing Channel 232A at 

Hebbronville, and by adding Channel 

282A at Hebbronville. 

[FR Doc. 2013–01046 Filed 1–17–13; 8:45 am] 

BILLING CODE 6712–01–P 


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