75752 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Rules and Regulations 

* * * * * 

[FR Doc. 2014–29702 Filed 12–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: boyle.kathryn@epa.gov. 

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 § 168.68 and some 

of the text in § 168.66 to new § 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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Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Rules and Regulations 75753 

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 


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75754 Federal Register / Vol. 79, No. 244 / Friday, December 19, 2014 / Rules and Regulations 

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] 

■ 1. The authority citation for part 168 

continues to read as follows: 

Authority: 7 U.S.C. 136–136y. 

■ 2. Revise the heading for subpart D to 

part 168 to read as follows: 

Subpart D—Procedures for Exporting 

Pesticides 

■ 3. Add § 168.65 to subpart D to read 

as follows: 

§ 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 § 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. 

■ 4. Revise § 168.66 to read as follows: 

§ 168.66 Labeling of pesticide products 

and devices for export. 

Any label and labeling information 

requirements in §§ 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. 

§ 168.68 [Removed and Reserved] 

■ 5. Remove and reserve § 168.68. 

■ 6. In § 168.69, revise paragraph (a) to 

read as follows: 

§ 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 

§ 168.66. 

* * * * * 

■ 7. In § 168.70, revise the introductory 

text of paragraph (b) to read as follows: 

§ 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 § 168.66. 

* * * * * 

■ 8. In § 168.71, revise paragraph (a) to 

read as follows: 

§ 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 

§ 168.66. 

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[FR Doc. 2014–29787 Filed 12–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0761; FRL–9919–26] 

Tobacco Mild Green Mosaic 

Tobamovirus Strain U2; Amendment to 

an Exemption From the Requirement 

of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

existing temporary tolerance exemption 

for Tobacco mild green mosaic 

tobamovirus by establishing a 

permanent exemption from the 

requirement of a tolerance for residues 

of Tobacco mild green mosaic 

tobamovirus strain U2 in or on all 

commodities of crop groups 17 and 18 

when applied as a post-emergent 

herbicide and used in accordance with 

label directions and good agricultural 

practices. Interregional Research Project 

Number 4 (IR–4) submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of 

Tobacco mild green mosaic tobamovirus 

strain U2 under FFDCA. 

DATES: This regulation is effective 

December 19, 2014. Objections and 

requests for hearings must be received 

on or before February 17, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2013–0761, 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: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 


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