```

[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Proposed Rules]               
[Page 74673-74674]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de10-28]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 168

[EPA-HQ-OPP2009-0607; FRL-8854-6]
RIN 2070-AJ53

 
Pesticides; Regulation To Clarify Labeling of Pesticides for 
Export; Notification to the Secretary of Agriculture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretary of Agriculture.

-----------------------------------------------------------------------

SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretary of Agriculture a draft proposed rule 
as required by section 25(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). As described in the Agency's semi-annual 
Regulatory Agenda, the draft proposed rule intends to clarify, 
restructure, and add specificity to existing labeling regulations for 
the export of unregistered pesticide products and devices. EPA is also 
considering a minor new requirement for the labeling of unregistered 
pesticide products and devices shipped between establishments operated 
by the same producer to ensure that they are clearly marked as 
unregistered products intended for export in order to prevent them from 
inadvertently entering the U.S. market.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2009-0607. 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

[[Page 74674]]

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.

FOR FURTHER INFORMATION CONTACT: Vera Au, Field & External Affairs 
Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: (703) 308-9069; e-mail address: 
au.vera@epa.gov@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 proposed rule to the United States 
Department of Agriculture (USDA) and does not otherwise affect any 
specific entities. This action may, however, be of particular interest 
to those who export a pesticide product, a pesticide device, or an 
active ingredient used in producing 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 the person 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 proposed regulation at 
least 60 days before signing it for publication in the Federal 
Register. The draft proposed rule is not available to the public until 
after it has been signed by EPA. If the Secretary comments in writing 
regarding the draft proposed rule within 30 days after receiving it, 
the Administrator shall include the comments of the Secretary and the 
Administrator's response to those comments in the proposed rule when 
published in the Federal Register. If the Secretary does not comment in 
writing within 30 days after receiving the draft proposed rule, the 
Administrator may sign the proposed regulation for publication in the 
Federal Register anytime after the 30-day period.

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

    No. This document is not a proposed rule, it is merely a 
notification of submission to the Secretary of Agriculture. As such, 
none of the regulatory assessment requirements apply to this document.

List of Subjects in 40 CFR Part 168

    Environmental protection, Exports, Labeling, Pesticides and pests.

    Dated: November 15, 2010.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2010-30222 Filed 11-30-10; 8:45 am]
BILLING CODE 6560-50-P
```