[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Rules and Regulations]
[Pages 61232-61233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21092]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 166

[OPP-2004-0038; FRL-7739-6]
RIN 2070-AD36


Pesticides; Emergency Exemption Process Revisions; 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 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.

[[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: 
[email protected].

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