[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Rules and Regulations]
[Page 20430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7445]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 158

[EPA-HQ-OPP-2004-0415; FRL-8113-7]
RIN 2070-AD51


Pesticides; Data Requirements for Biochemical and Microbial 
Pesticides; 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 updates the data requirements 
necessary to register a biochemical or microbial pesticide product. The 
revisions will codify data requirements to reflect current regulatory 
and scientific standards. The data requirements will cover all 
scientific disciplines for biochemical and microbial pesticides, 
including product chemistry and residue chemistry, toxicology, and 
environmental fate and effects.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2004-0415. To access the 
electronic docket, go to http://www.regulations.gov, select ``Advanced 
Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov web site to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. 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 in the electronic docket at http://www.regulations.gov, or, 
if only available in hard copy, at the OPP Regulatory Public Docket in 
Rm. S-4400, One Potomac Yard (South Building), 2777 S. Crystal Drive, 
Arlington, VA. The Docket Facility is open 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: Nathanael R. Martin, Field and 
External Affairs Division (7506P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington DC 20460-0001; telephone number: 703-305-6475; 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 U. S. Department 
of Agriculture (USDA) and does not otherwise affect any specific 
entities. This action may, however, be of particular interest to 
producers or registrants of a biochemical or microbial pesticide 
product. This action also may affect any person or company who might 
petition the Agency for new tolerances for biochemical or microbial 
pesticides, or hold a pesticide registration with existing tolerances, 
or any person or company who is interested in obtaining or retaining a 
tolerance in the absence of a registration, that is, an import 
tolerance for biochemical or microbial 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 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 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 40 CFR Part 158

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests.


    Dated: April 9, 2007.
Anne E. Lindsay,
Acting Director, Office of Pesticide Programs.
[FR Doc. E7-7445 Filed 4-24-07; 8:45 am]
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