Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules 47351 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 152, 158 and 161 

[EPA–HQ–OPP–2010–0427; FRL–9357–9] 

RIN 2070–AJ26 

Notification of Submission to the 

Secretaries of Agriculture and Health 

and Human Services; Declaration of 

Prion as a Pest Under FIFRA; Related 

Amendments; and Availability of Final 

Test Guidelines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of submission to 

the Secretaries of Agriculture and 

Health and Human Services. 

SUMMARY: This document notifies the 

public as required by the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) that the EPA Administrator 

has forwarded to the Secretary of the 

United States Department of Agriculture 

(USDA) and the Secretary of the United 

States Department of Health and Human 

Services (HHS) a draft regulatory 

document concerning Declaration of 

Prion as a Pest Under FIFRA; Related 

Amendments; and Availability of Final 

Test Guidelines. The draft regulatory 

document is not available to the public 

until after it has been signed and made 

available by EPA. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0427, 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), EPA West 

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: Jeff 

Kempter, Antimicrobials Division, 

7510P, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

703–305–5448; email address: 

kempter.carlton@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

Section 25(a)(2)(B) of FIFRA requires 

the EPA Administrator to provide the 

Secretary of USDA with a copy of any 

draft final rule at least 30 days before 

signing it in final form for publication 

in the Federal Register. Similarly, 

FIFRA section 21(b) requires the EPA 

Administrator to provide the Secretary 

of HHS with a copy of any draft final 

rule pertaining to a public health 

pesticide at least 30 days before 

publishing it in the Federal Register. 

The draft final rule is not available to 

the public until after it has been signed 

by EPA. If either Secretary comments in 

writing regarding the draft final rule 

within 15 days after receiving it, the 

EPA Administrator shall include the 

comments of the Secretary, if requested 

by the Secretary, and the EPA 

Administrator’s response to those 

comments with the final rule that 

publishes in the Federal Register. If 

either Secretary does not comment in 

writing within 15 days after receiving 

the draft final rule, the EPA 

Administrator may sign the final rule for 

publication in the Federal Register any 

time after the 15-day period. 

II. Do any statutory and Executive 

order reviews apply to this notification? 

No. This document is merely a 

notification of submission to the 

Secretaries of USDA and HHS. As such, 

none of the regulatory assessment 

requirements apply to this document. 

List of Subjects in Parts 152, 158 and 

161 

Environmental protection, 

administrative practice and procedures, 

agricultural commodities, pesticides 

and pests, reporting and recordkeeping 

requirements, chemical testing, test 

guidelines. 

Dated: August 2, 2012. 

Martha Morell, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. 2012–19406 Filed 8–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 168 

[EPA–HQ–OPP–2009–0607; FRL–9357–8] 

RIN 2070–AJ53 

Notification of Submission to the 

Secretary of Agriculture; Pesticides; 

Regulation To Clarify Labeling of 

Pesticides for Export 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notification of submission to 

the Secretary of Agriculture. 

SUMMARY: This document notifies the 

public as required by the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) that the EPA Administrator 

has forwarded to the Secretary of the 

U.S. Department of Agriculture (USDA) 

a draft final rule concerning the revision 

of regulations on the labeling of 

pesticide products and devices intended 

solely for export. The draft final rule is 

not available to the public until after it 

has been signed and is made available 

by EPA. 

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 Docket (OPP Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

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: Vera 

Au, Field and External Affairs Division 

(MC 7506P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington DC 20460–0001; telephone 

number: (703) 308–9069; email address: 

au.vera@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

Section 25(a)(2)(B) of FIFRA requires 

the EPA Administrator to provide the 

Secretary of Agriculture with a copy of 

any draft final rule at least 30 days 

before signing it in final form for 

publication in the Federal Register. 

This notice announces the submission 

of a draft final rule to the Secretary of 

Agriculture concerning the revision of 

regulations clarifying the labeling of 

pesticide products and devices intended 

for export. The draft final rule is not 

available to the public until after it has 

been signed by EPA. If the Secretary 

comments in writing regarding the draft 

final rule within 15 days after receiving 

it, the EPA Administrator shall include 

the comments of the Secretary, if 

requested by the Secretary, along with 

the EPA Administrator’s response to 

those comments with the final rule that 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
47352 Federal Register / Vol. 77, No. 153 / Wednesday, August 8, 2012 / Proposed Rules 

publishes in the Federal Register. If the 

Secretary does not comment in writing 

within 15 days after receiving the draft 

final rule, the EPA Administrator may 

sign the final rule for publication in the 

Federal Register any time after the 15- 

day period. 

II. Do any statutory and executive order 

reviews apply to this notification? 

No. This document is merely a 

notification of submission to the 

Secretary of USDA. As such, none of the 

regulatory assessment requirements 

apply to this document. 

List of Subjects in Part 168 

Environmental protection, 

Administrative practice and procedure, 

Advertising, Exports, Labeling, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: August 2, 2012. 

Marty Monell, 

Acting Director, Office of Pesticide Programs. 

[FR Doc. 2012–19408 Filed 8–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2012–0047; 

4500030113] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition to List Graptopetalum 

bartramii (Bartram Stonecrop) and 

Pectis imberbis (Beardless Chinch 

Weed) as Endangered or Threatened 

and Designate Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list 

Graptopetalum bartramii (Bartram 

stonecrop) and Pectis imberbis 

(beardless chinch weed) as endangered 

or threatened under the Endangered 

Species Act of 1973, as amended (Act), 

and to designate critical habitat. Based 

on our review, we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing Bartram stonecrop and beardless 

chinch weed may be warranted. 

Therefore, with the publication of this 

notice, we will initiate a review of the 

status of these species to determine if 

listing Bartram stonecrop or beardless 

chinch weed, or both, is warranted. To 

ensure that our status review is 

comprehensive, we request scientific 

and commercial data and other 

information regarding these species. 

Based on the status review, we will 

issue a 12-month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

DATES: To allow us adequate time to 

conduct this review, we request that we 

receive information on or before October 

9, 2012. The deadline for submitting an 

electronic comment using the Federal 

eRulemaking Portal (see ADDRESSES

section, below) is 11:59 p.m. Eastern 

Time on this date. After October 9, 

2012, you must submit information 

directly to the Division of Policy and 

Directives Management (see ADDRESSES

section below). Please note that we 

might not be able to address or 

incorporate information that we receive 

after the above requested date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov and Search for 

Docket No. FWS–R2–ES–2012–0047, 

which is the docket number for this 

action. If your submission will fit in the 

provided comment box, please use this 

feature of http://www.regulations.gov, as 

it is most compatible with our 

information collection procedures. If 

you attach your submission as a 

separate document, our preferred file 

format is Microsoft Word. If you attach 

multiple documents (such as form 

letters), our preferred format is a 

spreadsheet in Microsoft Excel. 

(2) By hard copy: Submit by U.S. mail 

or hand-delivery to: Public Comments 

Processing, Attn: FWS–R2–ES–2012– 

0047; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will post all information we 

receive on http://www.regulations.gov. 

This generally means that we will post 

any personal information you provide 

us (see the Request for Information 

section below for more details). 

FOR FURTHER INFORMATION CONTACT: 

Steve Spangle, Field Supervisor, U.S. 

Fish and Wildlife Service, Arizona 

Ecological Services Office, 2321 West 

Royal Palm Road, Suite 103, Phoenix, 

AZ 85021; by telephone (602–242– 

0210); or by facsimile (602–242–2513). 

If you use a telecommunications device 

for the deaf (TDD), please call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Request for Information 

When we make a finding that a 

petition presents substantial 

information indicating that listing a 

species may be warranted, we are 

required to promptly review the status 

of the species (status review). For the 

status review to be complete and based 

on the best available scientific and 

commercial information, we request 

information on Bartram stonecrop and 

beardless chinch weed from 

governmental agencies, Native 

American Tribes, the scientific 

community, industry, and any other 

interested parties. We seek information 

on: 

(1) The species’ biology, range, and 

population trends, including: 

(a) Habitat requirements for 

reproduction, germination, and survival; 

(b) Genetics and taxonomy; 

(c) Historical and current range 

including distribution patterns; 

(d) Historical and current population 

levels, and current and projected trends; 

and 

(e) Past and ongoing conservation 

measures for the species, its habitat, or 

both. 

(2) The factors that are the basis for 

making a listing, delisting, or 

downlisting determination for a species 

under section 4(a) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), which are: 

(a) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; 

(b) Overutilization for commercial, 

recreational, scientific, or educational 

purposes; 

(c) Disease or predation; 

(d) The inadequacy of existing 

regulatory mechanisms; or 

(e) Other natural or manmade factors 

affecting its continued existence. 

If, after the status review, we 

determine that listing Bartram stonecrop 

or beardless chinch weed, or both, is 

warranted, we will propose critical 

habitat (see definition in section 3(5)(A) 

of the Act), under section 4 of the Act, 

to the maximum extent prudent and 

determinable at the time we propose to 

list the species. Therefore, we request 

data and information on: 

(1) What may constitute ‘‘physical or 

biological features essential to the 

conservation’’ of each species within the 

geographical range currently occupied 

by the species; 

(2) Where these features are currently 

found; 

(3) Whether any of these features may 

require special management 

considerations or protection; 


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