[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Proposed Rules]
[Page 47351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19406]



[[Page 47351]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 152, 158 and 161

[EPA-HQ-OPP-2010-0427; FRL-9357-9]
RIN 2070-AJ26


Notification of Submission to the Secretaries of Agriculture and 
Health and Human Services; Declaration of Prion as a Pest Under FIFRA; 
Related Amendments; and Availability of Final Test Guidelines

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document notifies the public as required by the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA 
Administrator has forwarded to the Secretary of the United States 
Department of Agriculture (USDA) and the Secretary of the United States 
Department of Health and Human Services (HHS) a draft regulatory 
document concerning Declaration of Prion as a Pest Under FIFRA; Related 
Amendments; and Availability of Final Test Guidelines. The draft 
regulatory document is not available to the public until after it has 
been signed and made available by EPA.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2010-0427, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution 
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

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; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking?

    Section 25(a)(2)(B) of FIFRA requires the EPA Administrator to 
provide the Secretary of USDA with a copy of any draft final rule at 
least 30 days before signing it in final form for publication in the 
Federal Register. Similarly, FIFRA section 21(b) requires the EPA 
Administrator to provide the Secretary of HHS with a copy of any draft 
final rule pertaining to a public health pesticide at least 30 days 
before publishing it in the Federal Register. The draft final rule is 
not available to the public until after it has been signed by EPA. If 
either Secretary comments in writing regarding the draft final rule 
within 15 days after receiving it, the EPA Administrator shall include 
the comments of the Secretary, if requested by the Secretary, and the 
EPA Administrator's response to those comments with the final rule that 
publishes in the Federal Register. If either Secretary does not comment 
in writing within 15 days after receiving the draft final rule, the EPA 
Administrator may sign the final rule for publication in the Federal 
Register any time after the 15-day period.

II. Do any statutory and Executive order reviews apply to this 
notification?

    No. This document is merely a notification of submission to the 
Secretaries of USDA and HHS. As such, none of the regulatory assessment 
requirements apply to this document.

List of Subjects in Parts 152, 158 and 161

    Environmental protection, administrative practice and procedures, 
agricultural commodities, pesticides and pests, reporting and 
recordkeeping requirements, chemical testing, test guidelines.

    Dated: August 2, 2012.
Martha Morell,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2012-19406 Filed 8-7-12; 8:45 am]
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