

[Federal Register: February 2, 2007 (Volume 72, Number 22)]
[Rules and Regulations]               
[Page 4963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe07-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0175; FRL-8111-3]

 
Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Because EPA has received adverse comments, the Agency is 
withdrawing the direct final rule excepting from the definitions of 
``pesticide chemical'' and ``pesticide chemical residue'' under section 
201(q) of the Federal Food, Drug and Cosmetic Act (FFDCA) food 
packaging (e.g., paper and paperboard, coatings, adhesives, and 
polymers) that is treated with a pesticide. The rule was published on 
December 6, 2006 (71 FR 70667) (FRL-8084-2). We stated in that direct 
final rule that if EPA received adverse comment by January 5, 2007, the 
Agency would publish a timely withdrawal in the Federal Register. We 
subsequently received adverse comment on that direct final rule and are 
therefore withdrawing the rule. EPA may issue a notice of proposed 
rulemaking in a future edition of the Federal Register to initiate 
action to repromulgate the rule provisions that are being withdrawn 
today. In any such action, EPA would address the adverse comments it 
received on the direct final rule.

DATES: The direct final rule published at 71 FR 70667, December 6, 
2006, is withdrawn, effective January 25, 2007.

FOR FURTHER INFORMATION CONTACT: Mari L. Duggard, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., 
N.W.,Washington, DC 20460-0001; telephone number: (703) 308-0028; fax 
number: (703) 308-7026; e-mail address:duggard.mari@epa.gov.

SUPPLEMENTARY INFORMATION: EPA issued a direct final rule in the 
Federal Register of December 6, 2006 excepting from the definitions of 
``pesticide chemical'' and ``pesticide chemical residue'' under section 
201(q) of the FFDCA, food packaging (e.g., paper and paperboard, 
coatings, adhesives, and polymers) that is treated with a pesticide. We 
received adverse comment on that direct final rule and are therefore 
withdrawing the rule. EPA may issue a notice of proposed rulemaking in 
a future edition of the Federal Register to initiate action to 
repromulgate the rule provisions that are being withdrawn today. In any 
such action, EPA would address the adverse comments it received on the 
direct final rule.
    Accordingly, the amendment to 40 CFR 180.4 published in the Federal 
Register on December 6, 2006 (71 FR 70667) is withdrawn effective 
January 25, 2007.
    The Adverse comment is publicly available available either in the 
electronic docket at http://www.regulations.gov, or, if only available 

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. 
The hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and record-
keeping requirements.

    Dated: January 17, 2007.
Janet L. Andersen,
Division Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.
[FR Doc. 07-485 Filed 1-31-07; 12:19 pm]

BILLING CODE 6560-50-S
