[Federal Register Volume 71, Number 114 (Wednesday, June 14, 2006)]
[Rules and Regulations]
[Pages 34262-34263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9077]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 155

[EPA-HQ-OPP-2004-0404; FRL-8071-5]
RIN 2070-AD29


Pesticides; Procedural Regulations for Registration Review; 
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 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 establish procedures to 
implement section 3(g) of FIFRA which provides for periodic review of 
pesticide registrations. The goal of these regulations, which are 
required by FIFRA section 3(g), is to review a pesticide's registration 
every 15 years. The regulations will address the following procedural 
aspects of the program: establishing pesticide cases for registration 
review; establishing schedules; assembling information to be considered 
during the review; deciding on the scope and depth of the review; 
calling in data under FIFRA section 3(c)(2)(B) that are needed to 
conduct the review; reviewing data and conducting risk assessments or 
benefit analyses, as needed; deciding whether a pesticide continues to 
meet the standard of registration in FIFRA; and public participation in 
the registration review process. If a pesticide does not meet the FIFRA 
standard, and cancellation is determined to be needed, the Agency will 
follow cancellation procedures in section 6 of FIFRA. This program will 
begin after the completion of tolerance reassessment in 2006 and before 
the completion of reregistration in 2008. Each pesticide will be 
reviewed every

[[Page 34263]]

15 years to assure that the it continues to meet the FIFRA standard for 
registration, including compliance with any new legislation, 
regulations or science policy.

ADDRESSES:  EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2004-0404. All documents in the 
docket are listed on the regulations.gov web site. 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 either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the Office 
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Building), 2777 S. Crystal Drive Arlington, VA. The 
hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Vivian Prunier, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: (703) 308-9341; 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 final 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 persons who register pesticides under the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) or who use pesticides. 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 the this action, consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Access Electronic Copies of this Document?

    In addition to using regulations.gov, you may access this Federal 
Register document electronically through the EPA Internet under the 
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

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 155

    Environmental protection, Administrative practice and procedure, 
Pesticides and pests


    Dated: June 2, 2006.
 James Jones,
Director, Office of Pesticide Programs.
[FR Doc. E6-9077 Filed 6-13-06; 8:45 am]
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