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Federal Register/Vol. 66, No. 139/Thursday, July 19, 2001/Rules 37830 Federal Register / Vol. 66, No. 139 / Thursday, July 19, 2001 / Rules and Regulations Indian Tribal Governments (63 FR expected to affect energy supply, ENVIRONMENTAL PROTECTION 27655, May 19, 1998), do not apply to distribution, or use. AGENCY this rule. Executive Order 13175, entitled Consultation and Coordination XII. Submission to Congress and the 40 CFR Part 174 with Indian Tribal Governments (65 FR Comptroller General [OPP–300368B; FRL–6057–6] 67249, November 6, 2000), which took The Congressional Review Act, 5 effect on January 6, 2001, revokes U.S.C. 801 et seq., as added by the Small RIN 2070–AC02 Executive Order 13084 as of that date. Business Regulatory Enforcement EPA developed this rulemaking, Exemption From the Requirement of a Fairness Act of 1996, generally provides however, during the period when Tolerance Under the Federal Food, that before a rule may take effect, the Executive Order 13084 was in effect; Drug, and Cosmetic Act for Residues thus, EPA addressed tribal agency promulgating the rule must Derived Through Conventional considerations under Executive Order submit a rule report, which includes a Breeding From Sexually Compatible 13084. For the same reasons stated for copy of the rule, to each House of the Plants of Plant-Incorporated Executive Order 13084, the Congress and to the Comptroller General Protectants (Formerly Plant- requirements of Executive Order 13175 of the United States. EPA will submit a Pesticides) do not apply to this rule either. For the report containing this rule and other same reasons, this rule does not have required information to the U.S. Senate, AGENCY: Environmental Protection any substantial direct effect on States, the U.S. House of Representatives, and Agency (EPA). on the relationship between the national the Comptroller General of the United ACTION: Final rule. government and the States, or on the States prior to publication of this final distribution of power and rule in the Federal Register. This final SUMMARY: The substances plants responsibilities among the various rule is not a ‘‘major rule’’ as defined by produce for protection against pests, and the genetic material necessary to levels of government, as specified in 5 U.S.C. 804(2). Executive Order 13132, entitled produce these substances, are pesticides Federalism (64 FR 43255, August 10, List of Subjects in 40 CFR Part 174 under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), if humans 1999). This rule directly regulates Environmental protection, growers, food processors, food handlers intend to use these substances for Administrative practice and procedure, ‘‘preventing, destroying, repelling or and food retailers, not States. This Agricultural commodities, Pesticides action does not alter the relationships or mitigating any pest.’’ These substances, and pests, Plants, Reporting and distribution of power and produced and used in living plants, recordkeeping requirements. responsibilities established by Congress along with the genetic material necessary to produce them, are also in the preemption provisions of FFDCA Dated: July 12, 2001. section 408(n)(4). ‘‘pesticide chemical residues’’ under the Christine T. Whitman, Federal Food, Drug, and Cosmetic Act Pursuant to section 605(b) of the (FFDCA). EPA calls these substances, Regulatory Flexibility Act (RFA) (5 Administrator. along with the genetic material U.S.C. 601 et seq.), the Agency hereby Therefore, 40 CFR chapter I is necessary to produce them, plant- certifies that this final rule will not have amended as follows: incorporated protectants. In this final a significant economic impact on a rule, EPA exempts from the FFDCA substantial number of small entities. PART 174—[AMENDED] section 408 requirement of a tolerance, The Agency’s determination is based on residues of the pesticidal substance the fact that an exemption from the 1. The authority citation for part 174 portion and residues of any inert requirement of a tolerance under continues to read as follows: ingredient of any plant-incorporated FFDCA section 408, such as that protectant derived through conventional contained in this rule, will not Authority: 7 U.S.C. 136–136y and 21 breeding from a plant sexually adversely affect any small businesses. U.S.C. 346a and 371. compatible with the recipient food Additional information about the plant. EPA has determined that there is Agency’s determination may be found 2. Section 174.475 is added to subpart a reasonable certainty that no harm will in the small entity impact analysis W to read as follows: result from aggregate exposure to these prepared as part of the economic § 174.475 Nucleic acids that are part of a residues. analysis for the FIFRA rulemaking, plant-incorporated protectant; exemption DATES: This rule is effective September which is available in the public version from the requirement of a tolerance. of the official record (Ref. 25). The 17, 2001. Objections and requests for Agency has also previously assessed Residues of nucleic acids that are part hearings must be received by EPA on or whether establishing tolerances, of a plant-incorporated protectant are before September 17, 2001. exemptions from tolerances, raising exempt from the requirement of a ADDRESSES: Objections and hearing tolerance levels or expanding tolerance. requests may be submitted by regular mail, electronically, or in person. Please exemptions might adversely impact [FR Doc. 01–17982 Filed 7–16–01; 11:45 am] small entities and concluded, as a follow the detailed instructions for each general matter, that there is no adverse BILLING CODE 6560–50–S method as provided in Unit II. of the economic impact associated with these SUPPLEMENTARY INFORMATION. actions. See 46 FR 24950, May 4, 1981. FOR FURTHER INFORMATION CONTACT: By This rule is not subject to Executive mail: Philip Hutton, Biopesticides and Order 13211, entitled Actions Pollution Prevention Division, Office of Concerning Regulations That Pesticide Programs (7511C), Significantly Affect Energy Supply, Environmental Protection Agency, 1200 Distribution, or Use (66 FR 28355, May Pennsylvania Ave., NW., Washington 22, 2001), because this action is not DC 20460; telephone number: (703) VerDate 11<MAY>2000 17:41 Jul 18, 2001 Jkt 194001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4700 E:\FR\FM\19JYR4.SGM pfrm01 PsN: 19JYR4 Federal Register / Vol. 66, No. 139 / Thursday, July 19, 2001 / Rules and Regulations 37831 308–8260; e-mail address: I. General Information biotechnology that may develop and [email protected]. A. Does this Document Apply to Me? market plant-incorporated protectants. Potentially affected categories and SUPPLEMENTARY INFORMATION: You may be potentially affected by entities may include, but are not limited this action if you are a person or to: company involved with agricultural Categories NAICS codes Examples of potentially affected entities Pesticide manufacturers 32532 Establishments primarily engaged in the formulation and preparation of agricultural and household pest control chemicals Seed companies 111 Establishments primarily engaged in growing crops, plants, vines, or trees and their seeds Colleges, universities, and professional schools 611310 Establishments of higher learning which are engaged in de- velopment and marketing of plant-incorporated protectants Establishments involved in research and development in the 54171 Establishments primarily engaged in conducting research in life sciences the physical, engineering, or life sciences, such as agri- culture and biotechnology This listing is not intended to be 2. In person. The Agency has submitted for inclusion in the public exhaustive, but rather provides a guide established an official record for this version of the official record. for readers regarding entities likely to be action under the docket control number Information not marked confidential affected by this action. Other types of OPP–300368B. The official record will be included in the public version entities not listed above could also be consists of the documents specifically of the official record without prior affected. The North American Industrial referenced in this action, any public notice. If you have any questions about Classification System (NAIC) codes have comments received during an applicable CBI or the procedures for claiming CBI, been provided to assist you and others comment period, and other information please consult the person listed under in determining whether or not this related to this action, including any FOR FURTHER INFORMATION CONTACT. action might apply to certain entities. information claimed as Confidential II. Objections and Hearing Requests To determine whether you or your Business Information (CBI). This official business may be affected by this action, record includes the documents that are Under section 408(g) of the FFDCA, as you should carefully examine the physically located in the docket, as well amended by the Food Quality Protection applicable provisions of part 174 in title as the documents that are referenced in Act (FQPA), any person may file an 40 of the Code of Federal Regulations those documents. The public version of objection to any aspect of this regulation (CFR). If you should have any questions the official record, which includes and may also request a hearing on those regarding the applicability of this action printed, paper versions of any electronic objections. The EPA procedural to a particular entity, consult the comments submitted during an regulations which govern the technical person listed in the
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