

[Federal Register: April 5, 2006 (Volume 71, Number 65)]
[Notices]               
[Page 17099]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap06-65]                         


[[Page 17099]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2002-0281; FRL-7772-1]

 
Pesticides; NAFTA Guidance Document on Requirements for 
Tolerances on Imported Commodities in the U.S. and Canada; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of the NAFTA Guidance 
Document on Requirements for Tolerances on Imported Commodities in the 
United States and Canada. It follows up on an April 16, 2003 notice, 
which made a proposed version of the document available for a 60-day 
public comment period. The document provides detailed guidance on data 
requirements that meet NAFTA standards for the establishment of 
pesticide import tolerances or maximum residue levels in Canada and the 
United States, and has been developed consistently with the goals of 
the North American Free Trade Agreement. This guidance document does 
not change the U.S. data requirements for obtaining a U.S. import 
tolerance. This common approach to the establishment of import 
tolerances is expected to promote trade between North America and the 
rest of the world and maintain North American high standards for food 
safety.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Special Review and 
Reregistration Division, (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8085; fax 
number: (703) 308-8041; e-mail address: mcnally.robert@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you sell, 
manufacture, or use pesticides for agricultural applications, produce 
food, distribute or sell food, or implement governmental pesticide 
regulations. Potentially affected entities may include, but are not 
limited to:
     Food manufacturers (NAICS 311), e.g., Commercial 
processors.
     Pesticide Manufacturers (NAICS 32532), e.g., pesticide 
registrants and pesticide producers.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
Docket identification number (ID) [EPA-HQ-OPP-2002-0281; FRL-7772-1]. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or in hard copy at the Public Information 

and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1801 S. Bell St., 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 this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. The guidance document itself 

is available on the NAFTA Technical Working Group in the Pesticides 
website at http://www.epa.gov/oppfead1/international/naftatwg/.


II. Background

A. What Action is the Agency Taking?

    This notice announces the availability of the NAFTA Guidance 
Document on Data Requirements for Tolerances on Imported Commodities. 
It has been developed consistently with the goals of the North American 
Free Trade Agreement (NAFTA). A common NAFTA approach to import 
tolerances will promote trade between North American and the rest of 
the world.

B. What is the Agency's Authority for Taking this Action?

    On June 1, 2000, EPA issued in the Federal Register U.S. guidance 
on import tolerances. The NAFTA Guidance Document on Data Requirements 
for Tolerances on Imported Commodities in the United States and Canada 
is consistent with the earlier guidance.
    EPA regulates pesticides under two major statues: The Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal 
Food, Drug, and Cosmetic Act (FFDCA). FIFRA requires that pesticides be 
registered (licensed) by EPA before they may be sold or distributed for 
use in the United States. Section 408 of the FFDCA authorizes EPA to 
establish, modify or maintain tolerances or tolerance exemptions for 
pesticide residues in or on food. Any food with pesticide residues not 
covered by a tolerance or tolerance exemption (or with residues in 
excess of the tolerance) may be subject to regulatory action by the 
U.S. government (including seizure). Pesticide tolerances and 
exemptions are enforced by individual states and the U.S. Food and Drug 
Administration for most foods, and by the U.S. Department of 
Agriculture for meat, poultry, and some egg products.
    EPA has an obligation under section 408 of the FFDCA to establish 
tolerances for pesticide chemicals at levels that are ``safe.'' EPA 
also has an obligation to ensure that the tolerances continue to be 
``safe'' over time, since new information may alter EPA's earlier 
safety finding under the FFDCA.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: March 29, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. E6-4948 Filed 4-4-06; 8:45 am]

BILLING CODE 6560-50-S
