[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Proposed Rules]
[Pages 38958-38959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16169]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 152

[EPA-HQ-OPP-2010-0427; FRL-8826-5]


Declaration of Prion as a Pest under FIFRA and Amendment of EPA's 
Regulatory Definition of Pests to Include Prion; Notification to the 
Secretaries of Agriculture and Health and Human Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretaries of Agriculture and Health and 
Human Services.

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SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretaries of Agriculture and Health and 
Human Services a draft proposed rule under sections 21 and 25(a) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The draft 
rule proposes to declare a prion (i.e., proteinaceous infectious 
particle) a ``pest'' under the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), so a product intended to reduce the 
infectivity of any prion on inanimate surfaces (i.e., a ``prion 
product'') is considered to be a pesticide and regulated as such. Any 
company seeking to distribute or sell a pesticide product regulated 
under FIFRA must obtain EPA approval before it can be distributed or 
sold in the United States. This draft proposed rule would codify the 
Agency's current interpretation of FIFRA, and provides interested 
parties the opportunity to comment about how it is adding prion to the 
list of pests in EPA's regulations. This amendment, together with the 
formal declaration that a prion is a pest, will eliminate any confusion 
about the status of prion products under FIFRA. Regulating prion 
products under FIFRA is appropriate for protecting human health and the 
environment against unreasonable adverse effects and ensuring that such 
products are effective.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2010-0427. All documents in the 
docket are listed in the docket index available in http://www.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 Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Jeff Kempter, Antimicrobials Division 
(7510P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone 
number: (703) 305-5448; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. 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 United States 
Department of Agriculture (USDA) and does not otherwise affect any 
specific entities. This action may, however, be of particular interest 
to:

[[Page 38959]]

     Producers of pesticide products (NAICS 32532).
     Producers of antimicrobial pesticides (NAICS 32561).
     Veterinary testing laboratories (NAICS 541940).
     Medical pathology laboratories (NAICS 621511).
     Taxidermists, independent (NAICS 711510).
     Surgeons (NAICS 621111).
     Dental surgeons (NAICS 621210).
    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.

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 draft proposed 
rule at least 60 days before signing it for publication in the Federal 
Register. Similarly, section 21(b) of FIFRA provides that the 
Administrator must provide the Secretary of Health and Human Services 
with a copy of any draft proposed rule pertaining to a public health 
pesticide at least 60 days before signing it for publication in the 
Federal Register. The draft proposed rule is not available to the 
public until after it has been signed by EPA. If either Secretary 
comments in writing regarding the draft proposed rule within 30 days 
after receiving it, the Administrator shall include in the proposed 
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 30 days after receiving 
the draft proposed rule, the Administrator may sign the proposed 
regulation for publication in the Federal Register anytime after the 
30-day period.

III. Do Any Statutory and Executive Order Reviews Apply to this 
Notification?

    No. This document is not a proposed rule; it is merely a 
notification of submission to the Secretaries of Agriculture and Health 
and Human Services. As such, none of the regulatory assessment 
requirements apply to this document.

List of Subjects in 40 CFR Part 152

    Environmental protection, Antimicrobial pesticides, Pests.


    Dated: June 24, 2010.
Steven Bradbury,
Director, Office of Pesticide Programs.

[FR Doc. 2010-16169 Filed 7-6-10; 8:45 am]
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