[Federal Register Volume 66, Number 161 (Monday, August 20, 2001)]
[Proposed Rules]
[Pages 43552-43554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[OPP-300370C; FRL-6799-4]
RIN 2070-AC02


Plant-Incorporated Protectants (Formerly Plant-Pesticides), 
Supplemental Proposal; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental proposal; Extension of comment period.

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SUMMARY: EPA in response to request from the public is extending an 
existing comment period for a supplemental proposal appearing in the 
Federal Register on July 19, 2001. EPA issued the July 19, 2001 
supplemental proposal to solicit additional comment on the exemptions 
it proposed in 1994 for plant-incorporated protectants. Specifically, 
EPA solicits comment on two alternative regulatory approaches to plant-
incorporated protectants derived from plants sexually compatible with 
the recipient plant and on proposed exemptions for plant-incorporated 
protectants that act by primarily affecting the plant or are based on 
viral coat proteins. EPA is also providing notice that it has placed 
the report issued by the National Academy of Sciences (NAS) entitled 
Genetically Modified Plants: Science and Regulation in the dockets for 
the rulemakings relating to certain proposals on plant-incorporated 
protectants under the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). The 
Agency anticipates this extension will result in more in-depth, 
detailed and thus more constructive comment.

DATES: Comments, identified by the docket control number OPP-300370C, 
must be received on or before September 19, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number

[[Page 43553]]

OPP-300370C in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: Phillip Hutton, Biopesticides and 
Pollution Prevention Division (7511C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 308-8260; fax number: 
(703) 308-7026; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a person 
or company involved with agricultural biotechnology that may develop 
and market plant-incorporated protectants. Potentially affected 
categories and entities may include, but are not limited to:

------------------------------------------------------------------------
                                                         Examples of
           Categories                NAICS codes         potentially
                                                      affected entities
------------------------------------------------------------------------
Pesticide manufacturers          32532               Establishments
                                                      primarily engaged
                                                      in the formulation
                                                      and preparation of
                                                      agricultural and
                                                      household pest
                                                      control chemicals
------------------------------------------------------------------------
Seed companies                   111                 Establishments
                                                      primarily engaged
                                                      in growing crops,
                                                      plants, vines, or
                                                      trees and their
                                                      seeds
------------------------------------------------------------------------
Colleges, universities, and      611310              Establishment of
 professional schools                                 higher learning
                                                      which are engaged
                                                      in development and
                                                      marketing of plant-
                                                      incorporated
                                                      protectants
------------------------------------------------------------------------
Establishments involved in       54171               Establishments
 research and development in                          primarily engaged
 the life sciences                                    in conducting
                                                      research in the
                                                      physical,
                                                      engineering, or
                                                      life sciences,
                                                      such as
                                                      agriculture and
                                                      biotechnology
------------------------------------------------------------------------


    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. To determine whether 
you or your business may be affected by this action, you should 
carefully examine the provisions in 40 CFR part 174. If you have 
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?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
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/.
    To access information about plant-incorporated protectants and the 
supplemental proposal, go directly to the Home Page for the Office of 
Science Policy and Coordination at http://www.epa.gov/scipoly/ and 
select ``What's New.''
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-300370C. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    As described in Unit I. of the supplemental proposal published in 
the Federal Register of July 19, 2001 (66 FR 37855) (FRL-6760-4), you 
may submit your comments through the mail, in person, or 
electronically. Please follow the instructions that are provided in the 
supplemental proposal. Do not submit any information electronically 
that you consider to be CBI. To ensure proper receipt by EPA, be sure 
to identify docket control number OPP-300370C in the subject line on 
the first page of your response.

II. Background

A. What Action is EPA Taking?

    EPA in response to public comment is extending the comment period 
for a supplemental proposal appearing in the Federal Register on July 
19, 2001. EPA issued the July 19, 2001 supplemental proposal to solicit 
additional comment on the exemptions it proposed in 1994 for plant-
incorporated protectants. EPA solicits comment on two alternative 
regulatory approaches to plant-incorporated protectants derived from 
plants sexually compatible with the recipient plant and on proposed 
exemptions for plant-incorporated protectants that act by primarily 
affecting the plant or are based on viral coat proteins. EPA is also 
providing notice that it has placed the NAS report in the dockets for 
the rulemakings relating to certain proposals on plant-incorporated 
protectants under FIFRA and FFDCA. With the July 19, 2001 supplemental 
proposal, EPA reopened the comment period for these particular 1994 
proposals to allow the public an opportunity to comment on the 
information, analyses, and conclusions in the NAS report.

B. What is the Agency's Authority for Taking this Action?

    EPA takes this action under the authority of FIFRA section 3 and 
section 25(a) and (b) (7 U.S.C. 136a and 136w(a) and (b)) and FFDCA 
section 346a and 371.

[[Page 43554]]

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

    No. This action is not a rulemaking, it merely extends the date by 
which public comments must be submitted to EPA on a supplemental 
proposal that previously published in the Federal Register of July 19, 
2001 (66 FR 37855) (FRL-6760-4). For information about the 
applicability of the regulatory assessment requirements to that 
supplemental proposal, which published in the Federal Register, please 
refer to the discussion in Unit VIII. of that document.

List of Subjects in 40 CFR Part 174

    Environmental protection, Agricultural commodities, Pesticides and 
pests, Plants.


    Dated: August 13, 2001.
Stephen L. Johnson,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 01-20774 Filed 8-14-01; 2:26 pm]
BILLING CODE 6560-50-S