Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

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###### Environmental Protection Agency

          - 40 CFR Part 166
          - [OPP-2004-0038; FRL-7739-6]
          - RIN 2070-AD36

# 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 final 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 final rule will make several improvements to the pesticide emergency exemption process under section 18 of FIFRA.  EPA has established regulations under section 18 of FIFRA which allow a Federal or State agency to apply for an emergency exemption to allow an unregistered use of a pesticide for a limited time when such use is necessary to alleviate an emergency condition.

      ( print page 61233)    

# ADDRESSES:

                        EPA has established a docket for this action under docket identification (ID) number OPP-2004-0038.  All documents in the docket are listed in the EDOCKET index at                         *http://www.epa.gov/​edocket/​.*                         Although listed in the index, some information is not publicly available, i.e., 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 either electronically in  EDOCKET or in hard copy at the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal  Mall #2, 1801 S. Bell St.,  Arlington, VA,  Monday through Friday, excluding legal holidays.  The Docket telephone number is (703) 305-5805.                     

# FOR FURTHER INFORMATION CONTACT:

                        Joseph Hogue, Field and External Affairs Division (7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;  telephone number: 703-308-9072;  e-mail address:                         *hogue.joe@epa.gov*.                    

# SUPPLEMENTARY INFORMATION:

## I. General Information

### A.  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 U.S. Department of Agriculture and does not otherwise affect any specific entities.  This action may, however, be of particular interest to Federal, State, or Territorial government agencies that petition EPA for FIFRA section 18 emergency use authorization for a pesticide, not otherwise registered for the use, to address an emergency pest situation.  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**                    .                

### B. How Can I Access Electronic Copies of this Document and Other Related Information?

                    In addition to using EDOCKET (                    *http://www.epa.gov/​edocket/​*), you may access this                     **Federal Register**                     document electronically through the EPA Internet under the “                    **Federal Register**                    ” listings at                     *http://www.epa.gov/​fedrgstr/​*.  A frequently updated electronic version of 40 CFR part 180 is available on E-CFR Beta Site Two at                     *http://www.gpoaccess.gov/​ecfr/​*.                

## 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**                    .  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 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 Secretary of Agriculture.  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 in Part 166 

      - Environmental protection
      - Pesticides
      - Emergency exemptions

Dated:  October 13, 2005.

James Jones, 

Director, Office of Pesticide Programs.

[FR Doc. 05-21092  Filed 10-20-05; 8:45 am]

BILLING CODE 6560-50-S