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[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Rules and Regulations]
[Pages 22044-22045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9292]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 158 and 161

[EPA-HQ-OPP-2008-0110; FRL-8861-7]
RIN 2070-AD30

Data Requirements for Antimicrobial Pesticides; Notification to 
the Secretaries of Agriculture and Health and Human Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretaries of Agriculture and Health and 
Human Services.

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SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretary of Agriculture and the Secretary of 
Health and Human Services a draft final rule under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA is codifying a 
separate listing of data requirements in the Code of Federal 
Regulations for the registration of antimicrobial pesticide products. 
These data requirements reflect current scientific knowledge and 
current Agency regulatory practices. Besides providing the regulated 
community with clearer and more transparent information, the updated 
data requirements further enhance EPA's ability to make regulatory 
decisions about the human health and environmental fate and effects of 
antimicrobial pesticide products.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2008-0110. All documents in the 
docket are listed in the docket index available in http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available 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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

[[Page 22045]]

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; e-mail address: 
boyle.kathryn@epa.gov, or contact Scott Drewes, same address; telephone 
number (703) 347-0107; e-mail address: drewes.scott@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action is directed to the public in general. It simply 
announces the submission of a draft final rule to the U.S. Department 
of Agriculture (USDA) and the Department of Health and Human Services 
(HHS) and does not otherwise affect any specific entities. This action 
may, however, be of particular interest if you are a producer of 
pesticide products (NAICS 32532), antifoulants (NAICS 32551), 
antimicrobial pesticides (NAICS 32561), wood preservatives (NAICS 
32519), importers of such products, or any person or company who seeks 
to register an antimicrobial, antifoulant coating, ballast water 
treatment, wood preservative pesticide, or to obtain a tolerance for 
such a pesticide. Since other entities may also be interested, the 
Agency has not attempted to describe all the specific entities that may 
be interested in this action. If you have any questions regarding this 
action, consult one of the persons listed under FOR FURTHER INFORMATION 
CONTACT.

II. What action is EPA taking?

    Section 25(a)(2) of FIFRA requires the Administrator to provide the 
Secretary of Agriculture with a copy of any final regulation at least 
30 days before signing it for publication in the Federal Register. 
Similarly, section 21(b) of FIFRA provides that the Administrator must 
provide the Secretary of Health and Human Services with a copy of any 
draft final rule pertaining to a public health pesticide at least 30 
days before signing it for publication 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 Administrator 
shall include the comments of the Secretary, if requested by the 
Secretary, and the Administrator's response to those comments in the 
final rule when published in the Federal Register. If the Secretary 
does not comment in writing within 15 days after receiving the draft 
final rule, the Administrator may sign the final rule for publication 
in the Federal Register anytime after the 15-day period.

III. Do any statutory and executive order reviews apply to this 
notification?

    No. This document is not a rule; it is merely a notification of 
submission to the Secretaries of Agriculture and Health and Human 
Services. As such, none of the regulatory assessment requirements apply 
to this document.

IV. Will this Notification be Subject to the Congressional Review Act?

    No. This action is not a rule for purposes of the Congressional 
Review Act (CRA), 5 U.S.C. 804(3), and will not be submitted to 
Congress and the Comptroller General. EPA will submit the final rule to 
Congress and the Comptroller General as required by the CRA.

List of Subjects

40 CFR Part 158

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

40 CFR Part 161

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: April 7, 2011.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2011-9292 Filed 4-19-11; 8:45 am]
BILLING CODE 6560-50-P
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