[Federal Register Volume 65, Number 180 (Friday, September 15, 2000)]
[Proposed Rules]
[Page 55929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23780]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152 and 174

[OPP-250127; FRL-6047-9]
RIN 2070-AC02


Final Regulations for Plant-Pesticides (Plant-Incorporated 
Protectants); Notification to the Secretary of Agriculture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretary of Agriculture.

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SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretary of Agriculture, a draft final rule 
under section 25(a) of the Federal Insecticide, Fungicide, and 
Rodenticide Act. The substances plants produce for protection against 
pests are pesticides under the Federal Insecticide, Fungicide, and 
Rodenticide Act definition of pesticide, if humans intend to use these 
substances for ``preventing, destroying, repelling or mitigating any 
pest.'' These substances, produced and used in living plants, along 
with the genetic material necessary to produce them, are currently 
called ``plant-pesticides'' by EPA. In this final rule, EPA will rename 
these pesticides, calling them ``plant-incorporated protectants,'' will 
exempt a category of plant-pesticides, will clarify the relationship 
between plants and plant-pesticides and confirm that plants used as 
biological control agents are exempt from regulation under the Federal 
Insecticide, Fungicide, and Rodenticide Act, and will establish new 
part 174 in Title 40 of the Code of Federal Regulations, specifically 
for plant-pesticides.

FOR FURTHER INFORMATION CONTACT: By mail: Philip Hutton, Biopesticides 
and Pollution Prevention Division, Office of Pesticide Programs 
(7511C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington DC 20460; telephone number: (703) 308-8260; and e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general for notification. 
This action may, however, be of interest to a person or company that 
may be involved with agricultural biotechnology that may develop and 
market plant-incorporated protectants. Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities that may be interested in this notice. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    Electronically. You may obtain electronic copies of this document, 
and certain other documents related to the proposed rule only that 
might be available electronically, from the EPA Internet Home Page at 
http://www.epa.gov/. The draft final rule is not available until it has 
been signed by EPA. To access this document, on the Home Page select 
``Laws and Regulations,'' ``Regulations and Proposed Rules,'' and then 
look up the entry for this document under the ``Federal Register--
Environmental Documents.'' You can also go directly to the Federal 
Register listings at http://www.epa.gov/fedrgstr/.

II. What Action is EPA Taking?

    Section 25(a)(2) of FIFRA provides that the Administrator must 
provide the Secretary of Agriculture with a copy of any 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 in the final rule when published in the 
Federal Register the comments of the Secretary and the Administrator's 
response to those comments. If the Secretary does not comment in 
writing within 15 days after receiving the final rule, the 
Administrator may sign the final rule for publication in the Federal 
Register anytime after the 15-day period. As required by FIFRA section 
25(a)(3), a copy of the final rule has been forwarded to the Committee 
on Agriculture of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate. EPA issued a 
proposed rule in the Federal Register of November 23, 1994 (59 FR 
60534) (FRL-4755-3).

III. Do Any Regulatory Assessment Requirements Apply to this 
Notification?

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

IV. Will EPA Submit this Notification to Congress and the 
Comptroller General?

    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 Parts 152 and 174

    Environmental protection, Administrative practice and procedure, 
Biotechnology pesticides, Pesticides and pests, Reporting and 
recordkeeping.


    Dated: September 11, 2000.
Stephen L. Johnson,
Associate Deputy Assistant Administrator for the Office of Prevention, 
Pesticides and Toxic Substances.

[FR Doc. 00-23780 Filed 9-14-00 8:45 am]
BILLING CODE 6560-50-S