Pesticides: Redesignation of part 158; Technical Amendments, 60251-60255 [E7-20836]

Download as PDF Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations (i) * * * (6) Certain defeasance escrow earnings. With respect to a defeasance escrow established in a remedial action for an issue of QZABs that meets the special rebate requirement under paragraph (h)(7)(ii)(C)(2) of this section, the QZAB issuer is treated as ineligible for the small issuer exception to arbitrage rebate under section 148(f)(4)(D) and paragraph (i)(5) of this section and compliance with that special rebate requirement is treated as satisfying applicable arbitrage investment restrictions under section 148 for that defeasance escrow. * * * * * LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E7–20859 Filed 10–23–07; 8:45 am] 17 § 92510—Pavement Marking (Adopted 5/ 31/91) 17 § 92520—Stucco and Concrete (Adopted 5/31/91) 17 § 92530—Certified Abrasive (Adopted 5/ 31/91) 17 § 92540—Stucco and Concrete (Adopted 5/31/91) 17 § 93115—Airborne Toxic Control Measure for Stationary Compression Ignition Engines (Adopted 2/26/04) Health and Safety Code The following section of Division 26, Part 4, Chapter 4, Article 1: Health and Safety Code § 42301.13 of seq. Stationary sources: demolition or removal (chaptered 7/25/96) * * * * * [FR Doc. 07–55521 Filed 10–23–07; 8:45 am] BILLING CODE 1505–01–D ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 4830–01–P 40 CFR Parts 158 and 161 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 OPP 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. Jean Frane, Field and External Affairs Division 7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-0001; telephone number: (703) 305-5944; e-mail address: frane.jean@epa.gov. FOR FURTHER INFORMATION CONTACT: [EPA–HQ–OPP–2004–0387; FRL–8116–2] 40 CFR Part 55 Environmental Protection Agency (EPA). ACTION: Final rule. CFR Correction In Title 40 of the Code of Federal Regulations, Parts 53 to 59, revised as of July 1, 2007, in Appendix A to Part 55, on page 143, in the second column, above paragraph (b), the heading and paragraph (a) for California are reinstated to read as follows: Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State yshivers on PROD1PC62 with RULES * * * * California (a) State requirements. (1) The following requirements are contained in State of California Requirements Applicable to OCS Sources, February 2006: Barclays California Code of Regulations The following sections of Title 17 Subchapter 6: 17 § 92000—Definitions (Adopted 5/31/91) 17 § 92100—Scope and Policy (Adopted 5/ 31/91) 17 § 92200—Visible Emission Standards (Adopted 5/31/91) 17 § 92210—Nuisance Prohibition (Adopted 5/31/91) 17 § 92220—Compliance with Performance Standards (Adopted 5/31/91) 17 § 92400—Visible Evaluation Techniques (Adopted 5/31/91) 17 § 92500—General Provisions (Adopted 5/ 31/91) VerDate Aug<31>2005 I. General Information AGENCY: Outer Continental Shelf Air Regulations * SUPPLEMENTARY INFORMATION: Pesticides: Redesignation of part 158; Technical Amendments ENVIRONMENTAL PROTECTION AGENCY 15:22 Oct 23, 2007 Jkt 214001 60251 SUMMARY: EPA is redesignating certain pesticide data requirements currently located in 40 CFR part 158 into a new part 161. The data requirements being transferred apply to antimicrobial pesticides. EPA is also making conforming changes and cross-reference revisions to the newly redesignated material. The redesignation is intended to preserve regulatory data requirements for antimicrobial pesticides, while preparing for the promulgation of final rules pertaining to data requirements for conventional pesticides, biochemical, and microbial pesticides. DATES: This final rule is effective December 24, 2007. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2004–0387. 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 A. Does this Action Apply to Me? You may be potentially affected by this action if you are a producer or registrant of an antimicrobial pesticide product, including wood preservatives and antifouling products. This action may also affect any person or company who might petition the Agency for new tolerances, 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. Potentially affected entities may include, but are not limited to: • Producers of cleaning preparations that include an antimicrobial pesticide (NAICS code 3256). • Pesticide manufacturers or formulators of paints or coatings that contain an antimicrobial pesticide (NAICS code 32551). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) code has been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the persons listed under FOR FURTHER INFORMATION CONTACT. E:\FR\FM\24OCR1.SGM 24OCR1 60252 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 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. yshivers on PROD1PC62 with RULES II. What Does this Redesignation Do? In the Federal Register of March 11, 2005 (70 FR 12276), EPA issued a proposed rule to revise its pesticide data requirements for conventional pesticides. Those data requirements, currently located in 40 CFR part 158, cover all pesticides. EPA’s purpose in developing data requirements devoted to conventional pesticides (and subsequently for biochemical and microbial pesticides) was to tailor data requirements for different types of pesticides to make them more transparent and flexible. As part of that effort, EPA intends in the future to issue a proposed rule updating data requirements for antimicrobial pesticides, including wood preservatives and antifoulants. EPA is shortly issuing final rules for conventional pesticides, biochemical and microbial pesticides. Those rules would supersede current part 158 data requirements in their entirety. Unless EPA acts to preserve the data requirements applicable to antimicrobial pesticides, the promulgation of the final rules would eliminate any regulatory data requirements for antimicrobial pesticides. Accordingly, EPA is issuing a final rule that would preserve the current data requirements for antimicrobial pesticides until such time as a final rule can be promulgated and made effective. To accomplish this, EPA is moving those portions of current part 158 that apply to antimicrobial pesticides into new part 161, and making technical corrections to accommodate the change. Specifically, the following changes are being made: 1. EPA is removing sections of part 158 that relate only to biochemical and microbial pesticides, including §§ 158.65, 158.690 and 158.740. These sections had, and would not have, any bearing on antimicrobial data requirements. 2. EPA is also removing § 158.50 pertaining to the formulators’ exemption because this material will be consolidated in § 152.85 when final rules for conventional pesticides and biochemical and microbial pesticides are promulgated. VerDate Aug<31>2005 15:22 Oct 23, 2007 Jkt 214001 3. EPA is making internal crossreference changes from ‘‘158’’ to ‘‘161’’ throughout the redesignated material. 4. In new § 161.108, EPA has updated the Guidelines information to reflect the current order numbers from the National Technical Information Service. III. Why is this Redesignation Issued as a Final Rule? Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an Agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the Agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making today’s rule final without prior proposal and opportunity for comment, because EPA is acting to preserve existing data requirements that would otherwise be removed from the Code of Federal Regulations by promulgation of an impending final rule. Redesignating the material in advance of promulgation will also avoid potential errors in accomplishing a complex transition in the Code of Federal Regulations. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). IV. Do Any of the Statutory and Executive Order Reviews Apply to this Action? This rule redesignates, makes technical changes and cross-reference corrections in the EPA regulations governing pesticides. The amendments are administrative in nature. Other than making EPA regulations clearer and more transparent, these amendments are not expected to have any impact on regulated parties or the public. Accordingly, these amendments are not subject to review under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993), as a significant regulatory action. Because the Agency has made a ‘‘good cause’’finding that this action is not subject to notice-andcomment requirements under the Administrative Procedure Act or any other statute. this rule has been exempted from review under Executive Order 12866. Moreover, for the same reason, this rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). This rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). Nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104– 113, section 12(d) (15 U.S.C. 272 note). Since, as detailed above, these amendments will have no detrimental impact on regulated parties or the public, EPA certifies under the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) that the amendments will not have a significant impact on a substantial number of small entities. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ This rule is directed at pesticide manufacturers and others who seek to register, amend or maintain a registration or to establish, modify, or revoke a pesticide tolerances or exemptions, not States. For these same reasons, the Agency has determined that this rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive E:\FR\FM\24OCR1.SGM 24OCR1 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ ‘‘Policies that have tribal implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.’’ This rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. V. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the Agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 158 Environmental protection, Confidential business information, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements 40 CFR Part 161 Environmental protection, Pesticides and pests, Reporting and recordkeeping requirements Old part, subpart or section 60253 Dated: October 11, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances. PART 158—[AMENDED] 1. The authority citation for part 158 continues to read as follows: I Authority: 7 U.S.C. 136 - 136y. §§ 158.50, 158.65, 158.690 and 158.740 [Removed] 2. Sections 158.50, 158.65, 158.690, and 158.740 are removed. I PART 158—[REDESIGNATED AS PART 161 AND AMENDED] 3. The remainder of part 158, consisting of subparts A, B, C, and D are redesginated as part 161, subparts A, B, C, and D as shown in the Redesignation table below: I New part, subpart or section Part 161--Data Requirements for Registration of Antimircobial Pesticides Subpart A Subpart A 158.20 161.20 158.25 161.25 158.30 161.30 158.32 161.32 158.33 161.33 158.34 161.34 158.35 161.35 158.40 161.40 158.45 161.45 158.55 161.55 158.60 161.60 158.70 161.70 158.75 161.75 158.80 161.80 158.85 yshivers on PROD1PC62 with RULES Part 158--Data Requirements for Registration 161.85 Subpart B Subpart B 158.100 161.100 158.101 161.101 VerDate Aug<31>2005 15:22 Oct 23, 2007 Jkt 214001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1 60254 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations Old part, subpart or section New part, subpart or section 158.102 161.102 158.108 161.108 Subpart C Subpart C 158.150 161.150 158.153 161.153 158.155 161.155 158.160 161.160 158.162 161.162 158.165 161.165 158.167 161.167 158.170 161.170 158.175 161.175 158.180 161.180 158.190 161.190 Subpart D Subpart D 158.202 161.202 158.240 161.240 158.290 161.290 158.340 161.340 158.390 161.390 158.440 161.440 158.490 161.490 158.540 161.540 158.590 161.590 158.640 161.640 Appendix A To Part 158--Data Requirements For Registration: Use Pattern Index Appendix A To Part 161--Data Requirements For Registration: Use Pattern Index § 161.25 [Amended] § 161.32 4. In newly redesignated § 161.25, references to ‘‘§ 158.35,’’ ‘‘§ 158.40,’’ ‘‘§ 158.45,’’ ‘‘§ 158.60,’’ ‘‘§ 158.100’’ and ‘‘§ 158.101’’ are revised to read ‘‘§ 161.35,’’ ‘‘§ 161.40,’’ ‘‘§ 161.45,’’ ‘‘§ 161.60,’’ ‘‘§ 161.100,’’ and ‘‘§ 161.101,’’ respectively, wherever they occur. I § 161.30 [Amended] 5. In newly redesignated § 161.30, references to ‘‘part 158,’’ ‘‘§ 158.75,’’ and ‘‘§ 158.160’’ are revised to read ‘‘part 161,’’ ‘‘§ 161.75,’’ and ‘‘§ 161.160,’’ respectively, wherever they occur. yshivers on PROD1PC62 with RULES I VerDate Aug<31>2005 15:22 Oct 23, 2007 Jkt 214001 [Amended] § 161.35 6. In newly redesignated § 161.32, references to ‘‘§ 158.33,’’ and ‘‘§ 158.34(b)’’ are revised to read ‘‘§ 161.33,’’ and ‘‘§ 161.34(b),’’ respectively, wherever they occur. I § 161.34 [Amended] 7. In newly redesignated § 161.34, in paragraph (b), the reference to ‘‘§ 158.34(c)’’ is revised to read ‘‘paragraph (c) of this section’’ and in paragraphs (c)(1) and (c)(2) the reference to ‘‘40 CFR 158.34’’ is revised to read to read ‘‘40 CFR 161.34,’’. I PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 [Amended] I 8. In newly redesignated § 161.35, references to ‘‘§ 158.20(b),’’ ‘‘§ 158.40,’’ ‘‘§ 158.45,’’ ‘‘§ 158.60,’’ ‘‘§ 158.75’’ and ‘‘§ 158.80’’ are revised to read ‘‘§ 161.20(b),’’ ‘‘§ 161.40,’’ ‘‘§ 161.45,’’ ‘‘§ 161.60,’’ ‘‘§ 161.75,’’ and ‘‘§ 161.80,’’ respectively. § 161.70 [Amended] I 9. In newly redesignated § 161.70, reference to ‘‘§ 158.20(d)’’ is revised to read ‘‘§ 161.20(d).’’ § 161.75 [Amended] 10. In newly redesignated § 161.75(a), reference to ‘‘part 158’’ is revised to read ‘‘part 161’’. I E:\FR\FM\24OCR1.SGM 24OCR1 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations § 161.100 [Amended] § 161.101 13. Newly redesignated § 161.108 is revised to read as follows: I 11. In newly redesignated § 161.100, reference to‘‘§§ 158.150 through 158.740’’, is revised to read ‘‘§§ 161.150 through 161.640’’ and the reference to ‘‘§ 158.108’’ is revised to read ‘‘§ 161.108’’. I [Amended] 12. In newly redesignated § 161.101, reference to ‘‘§ 158.45’’ is revised to read ‘‘§ 161.45,’’ wherever it occurs. I § 161.108 Relationship of Pesticide Assessment Guidelines to data requirements. The Pesticide Assessment Guidelines contain the standards for conducting acceptable tests, guidance on evaluation and reporting of data, definition of terms, further guidance on when data are required, and examples of Subdivision 60255 acceptable protocols. They are available through the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161 (703–605– 6000). The following Subdivisions of the Pesticide Assessment Guidelines, referenced to the appropriate sections of this part, are currently available: NTIS order no. Title Corresponding section(s) in this part D Product Chemistry PB83–153890 161.150 – 161.190 E Hazard Evaluation: Wildlife and Aquatic Organisms PB83–153908 161.490 F Hazard Evaluation: Humans and Domestic Animals PB83–153916 161.340 G Product Performance PB83–153924 161.640 I Experimental Use Permits PB83–153932 161.20 – 161.640 J Hazard Evaluation: Nontarget Plants PB83–153940 161.540 K Reentry Protection PB85–120962 161.390 L Hazard Evaulation: Nontarget Insect PB83–153957 161.590 N Environmental Fate PB83–153973 161.290 O Residue Chemistry PB83–153961 161.240 R Spray Drift Evaluation PB84–189216 161.440 § 161.150 [Amended] § 161.340 14. In newly redesignated § 161.150, references to ‘‘§§ 158.175,’’ and ‘‘§ 158.155,’’ are revised to read ‘‘§ 161.175’’ and ‘‘§ 161.155,’’ respectively, wherever they occur. I § 161.155 [Amended] I I [Amended] 15. In newly redesignated § 161.155, reference to ‘‘§ 158.175’’ is revised to read ‘‘§ 161.175,’’ whereever it occurs. I § 161.162 [Amended] I 16. In newly redesignated § 161.162, reference to ‘‘§ 158.165’’ is revised to read ‘‘§ 161.165.’’ § 161.165 [Amended] 17. In newly redesignated § 161.165, reference to ‘‘§ 158.162’’ is revised to read ‘‘§ 161.162’’, whereever it occurs. I 19. Newly redesignated § 161.340 is further amended in paragraph (b)(22)(i) by revising the reference to ‘‘§ 158.202’’ to read ‘‘§ 161.202.’’ Appendix A [Amended] 20. Appendix A to newly redesignated part 161 is amended under the topic ‘‘How to use this Index,’’ in paragraph 4, by revising the phrase ‘‘in §§ 158.120 through 153.170’’ to read ‘‘in §§ 161.155 through 161.640’’. [FR Doc. E7–20836 Filed 10–23–07; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 yshivers on PROD1PC62 with RULES §§ 161.190, 161.240, 161.290, 161.340, 161.390, 161.440, 161.490, 161.540, 161.590, and 161.640 [Amended] [EPA–HQ–OPP–2007–0234; FRL–8152–4] I 18. In newly redesignated §§ 161.190, 161.240, 161.290, 161.340, 161.390, 161.440, 161.490, 161.540, 161.590, and 161.640, reference to the phrase ‘‘Sections 158.50 and 158.100 through 158.102’’ is revised to read ‘‘Sections 161.100 through 161.102’’. AGENCY: VerDate Aug<31>2005 17:53 Oct 23, 2007 Jkt 214001 Fluazinam; Pesticide Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: This regulation establishes tolerances for residues of fluazinam in or on aronia berry; buffalo currant; PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 bushberry subgroup 13B; Chilean guava; European barberry; ginseng; highbush cranberry; honeysuckle, edible; jostaberry; juneberry; lingonberry; native currant; pea and bean, dried shelled, except soybean, subgroup 6C, except pea; pea and bean, succulent shelled, subgroup 6B, except pea; salal; sea buckthorn; turnip, greens; vegetable, Brassica leafy, group 5; and vegetable, legume, edible-podded, subgroup 6A, except pea. Interregional Research Project Number 4 (IR-4) requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). DATES: This regulation is effective October 24, 2007. Objections and requests for hearings must be received on or before December 24, 2007, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2007–0234. 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 E:\FR\FM\24OCR1.SGM 24OCR1

Agencies

[Federal Register Volume 72, Number 205 (Wednesday, October 24, 2007)]
[Rules and Regulations]
[Pages 60251-60255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20836]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 158 and 161

[EPA-HQ-OPP-2004-0387; FRL-8116-2]


Pesticides: Redesignation of part 158; Technical Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is redesignating certain pesticide data requirements 
currently located in 40 CFR part 158 into a new part 161. The data 
requirements being transferred apply to antimicrobial pesticides. EPA 
is also making conforming changes and cross-reference revisions to the 
newly redesignated material. The redesignation is intended to preserve 
regulatory data requirements for antimicrobial pesticides, while 
preparing for the promulgation of final rules pertaining to data 
requirements for conventional pesticides, biochemical, and microbial 
pesticides.

DATES: This final rule is effective December 24, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2004-0387. 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 either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP 
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: Jean Frane, Field and External Affairs 
Division 7506P), Office of Pesticide Programs, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-0001; 
telephone number: (703) 305-5944; e-mail address: frane.jean@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are a 
producer or registrant of an antimicrobial pesticide product, including 
wood preservatives and antifouling products. This action may also 
affect any person or company who might petition the Agency for new 
tolerances, 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. Potentially affected entities may include, but are not 
limited to:
     Producers of cleaning preparations that include an 
antimicrobial pesticide (NAICS code 3256).
     Pesticide manufacturers or formulators of paints or 
coatings that contain an antimicrobial pesticide (NAICS code 32551).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
code has been provided to assist you and others in determining whether 
this action might apply to certain entities. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the persons listed under FOR FURTHER INFORMATION CONTACT.

[[Page 60252]]

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 Does this Redesignation Do?

    In the Federal Register of March 11, 2005 (70 FR 12276), EPA issued 
a proposed rule to revise its pesticide data requirements for 
conventional pesticides. Those data requirements, currently located in 
40 CFR part 158, cover all pesticides. EPA's purpose in developing data 
requirements devoted to conventional pesticides (and subsequently for 
biochemical and microbial pesticides) was to tailor data requirements 
for different types of pesticides to make them more transparent and 
flexible. As part of that effort, EPA intends in the future to issue a 
proposed rule updating data requirements for antimicrobial pesticides, 
including wood preservatives and antifoulants.
    EPA is shortly issuing final rules for conventional pesticides, 
biochemical and microbial pesticides. Those rules would supersede 
current part 158 data requirements in their entirety. Unless EPA acts 
to preserve the data requirements applicable to antimicrobial 
pesticides, the promulgation of the final rules would eliminate any 
regulatory data requirements for antimicrobial pesticides.
    Accordingly, EPA is issuing a final rule that would preserve the 
current data requirements for antimicrobial pesticides until such time 
as a final rule can be promulgated and made effective.
    To accomplish this, EPA is moving those portions of current part 
158 that apply to antimicrobial pesticides into new part 161, and 
making technical corrections to accommodate the change. Specifically, 
the following changes are being made:
    1. EPA is removing sections of part 158 that relate only to 
biochemical and microbial pesticides, including Sec. Sec.  158.65, 
158.690 and 158.740. These sections had, and would not have, any 
bearing on antimicrobial data requirements.
    2. EPA is also removing Sec.  158.50 pertaining to the formulators' 
exemption because this material will be consolidated in Sec.  152.85 
when final rules for conventional pesticides and biochemical and 
microbial pesticides are promulgated.
    3. EPA is making internal cross-reference changes from ``158'' to 
``161'' throughout the redesignated material.
    4. In new Sec.  161.108, EPA has updated the Guidelines information 
to reflect the current order numbers from the National Technical 
Information Service.

III. Why is this Redesignation Issued as a Final Rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the Agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making today's rule final 
without prior proposal and opportunity for comment, because EPA is 
acting to preserve existing data requirements that would otherwise be 
removed from the Code of Federal Regulations by promulgation of an 
impending final rule. Redesignating the material in advance of 
promulgation will also avoid potential errors in accomplishing a 
complex transition in the Code of Federal Regulations. EPA finds that 
this constitutes good cause under 5 U.S.C. 553(b)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to this 
Action?

    This rule redesignates, makes technical changes and cross-reference 
corrections in the EPA regulations governing pesticides. The amendments 
are administrative in nature. Other than making EPA regulations clearer 
and more transparent, these amendments are not expected to have any 
impact on regulated parties or the public.
    Accordingly, these amendments are not subject to review under 
Executive Order 12866, entitled Regulatory Planning and Review (58 FR 
51735, October 4, 1993), as a significant regulatory action. Because 
the Agency has made a ``good cause''finding that this action is not 
subject to notice-and-comment requirements under the Administrative 
Procedure Act or any other statute. this rule has been exempted from 
review under Executive Order 12866. Moreover, for the same reason, this 
rule is not subject to Executive Order 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use (66 FR 28355, May 22, 2001). This rule does not contain any 
information collections subject to OMB approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq., or impose any enforceable 
duty or contain any unfunded mandate as described under Title II of the 
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). Nor 
does it require any special considerations under Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994); 
or OMB review or any Agency action under Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). Since, as 
detailed above, these amendments will have no detrimental impact on 
regulated parties or the public, EPA certifies under the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.) that the amendments will 
not have a significant impact on a substantial number of small 
entities.
    In addition, the Agency has determined that this action will not 
have a substantial direct effect on States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132, entitled Federalism (64 FR 43255, 
August 10, 1999). Executive Order 13132 requires EPA to develop an 
accountable process to ensure ``meaningful and timely input by State 
and local officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' This rule is directed at pesticide manufacturers and 
others who seek to register, amend or maintain a registration or to 
establish, modify, or revoke a pesticide tolerances or exemptions, not 
States. For these same reasons, the Agency has determined that this 
rule does not have any ``tribal implications'' as described in 
Executive Order 13175, entitled Consultation and Coordination with 
Indian Tribal Governments (65 FR 67249, November 6, 2000). Executive

[[Page 60253]]

Order 13175, requires EPA to develop an accountable process to ensure 
``meaningful and timely input by tribal officials in the development of 
regulatory policies that have tribal implications.'' ``Policies that 
have tribal implications'' is defined in the Executive Order to include 
regulations that have ``substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
the Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.'' This rule will not 
have substantial direct effects on tribal governments, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of this final rule in the Federal Register. This final 
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 158

    Environmental protection, Confidential business information, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements

40 CFR Part 161

    Environmental protection, Pesticides and pests, Reporting and 
recordkeeping requirements


    Dated: October 11, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides, and Toxic 
Substances.

PART 158--[AMENDED]

0
1. The authority citation for part 158 continues to read as follows:

    Authority: 7 U.S.C. 136 - 136y.

Sec. Sec.  158.50, 158.65, 158.690 and 158.740  [Removed]

0
2. Sections 158.50, 158.65, 158.690, and 158.740 are removed.

PART 158--[REDESIGNATED AS PART 161 AND AMENDED]

0
3. The remainder of part 158, consisting of subparts A, B, C, and D are 
redesginated as part 161, subparts A, B, C, and D as shown in the 
Redesignation table below:

------------------------------------------------------------------------
    Old part, subpart or section         New part, subpart or section
------------------------------------------------------------------------
Part 158--Data Requirements for      Part 161--Data Requirements for
 Registration                         Registration of Antimircobial
                                      Pesticides
------------------------------------------------------------------------
Subpart A                            Subpart A
------------------------------------------------------------------------
158.20                               161.20
------------------------------------------------------------------------
158.25                               161.25
------------------------------------------------------------------------
158.30                               161.30
------------------------------------------------------------------------
158.32                               161.32
------------------------------------------------------------------------
158.33                               161.33
------------------------------------------------------------------------
158.34                               161.34
------------------------------------------------------------------------
158.35                               161.35
------------------------------------------------------------------------
158.40                               161.40
------------------------------------------------------------------------
158.45                               161.45
------------------------------------------------------------------------
158.55                               161.55
------------------------------------------------------------------------
158.60                               161.60
------------------------------------------------------------------------
158.70                               161.70
------------------------------------------------------------------------
158.75                               161.75
------------------------------------------------------------------------
158.80                               161.80
------------------------------------------------------------------------
158.85                               161.85
------------------------------------------------------------------------
Subpart B                            Subpart B
------------------------------------------------------------------------
158.100                              161.100
------------------------------------------------------------------------
158.101                              161.101
------------------------------------------------------------------------

[[Page 60254]]

 
158.102                              161.102
------------------------------------------------------------------------
158.108                              161.108
------------------------------------------------------------------------
Subpart C                            Subpart C
------------------------------------------------------------------------
158.150                              161.150
------------------------------------------------------------------------
158.153                              161.153
------------------------------------------------------------------------
158.155                              161.155
------------------------------------------------------------------------
158.160                              161.160
------------------------------------------------------------------------
158.162                              161.162
------------------------------------------------------------------------
158.165                              161.165
------------------------------------------------------------------------
158.167                              161.167
------------------------------------------------------------------------
158.170                              161.170
------------------------------------------------------------------------
158.175                              161.175
------------------------------------------------------------------------
158.180                              161.180
------------------------------------------------------------------------
158.190                              161.190
------------------------------------------------------------------------
Subpart D                            Subpart D
------------------------------------------------------------------------
158.202                              161.202
------------------------------------------------------------------------
158.240                              161.240
------------------------------------------------------------------------
158.290                              161.290
------------------------------------------------------------------------
158.340                              161.340
------------------------------------------------------------------------
158.390                              161.390
------------------------------------------------------------------------
158.440                              161.440
------------------------------------------------------------------------
158.490                              161.490
------------------------------------------------------------------------
158.540                              161.540
------------------------------------------------------------------------
158.590                              161.590
------------------------------------------------------------------------
158.640                              161.640
------------------------------------------------------------------------
Appendix A To Part 158--Data         Appendix A To Part 161--Data
 Requirements For Registration: Use   Requirements For Registration: Use
 Pattern Index                        Pattern Index
------------------------------------------------------------------------

Sec.  161.25  [Amended]

0
4. In newly redesignated Sec.  161.25, references to ``Sec.  158.35,'' 
``Sec.  158.40,'' ``Sec.  158.45,'' ``Sec.  158.60,'' ``Sec.  158.100'' 
and ``Sec.  158.101'' are revised to read ``Sec.  161.35,'' ``Sec.  
161.40,'' ``Sec.  161.45,'' ``Sec.  161.60,'' ``Sec.  161.100,'' and 
``Sec.  161.101,'' respectively, wherever they occur.


Sec.  161.30  [Amended]

0
5. In newly redesignated Sec.  161.30, references to ``part 158,'' 
``Sec.  158.75,'' and ``Sec.  158.160'' are revised to read ``part 
161,'' ``Sec.  161.75,'' and ``Sec.  161.160,'' respectively, wherever 
they occur.


Sec.  161.32  [Amended]

0
6. In newly redesignated Sec.  161.32, references to ``Sec.  158.33,'' 
and ``Sec.  158.34(b)'' are revised to read ``Sec.  161.33,'' and 
``Sec.  161.34(b),'' respectively, wherever they occur.


Sec.  161.34  [Amended]

0
7. In newly redesignated Sec.  161.34, in paragraph (b), the reference 
to ``Sec.  158.34(c)'' is revised to read ``paragraph (c) of this 
section'' and in paragraphs (c)(1) and (c)(2) the reference to ``40 CFR 
158.34'' is revised to read to read ``40 CFR 161.34,''.


Sec.  161.35  [Amended]

0
8. In newly redesignated Sec.  161.35, references to ``Sec.  
158.20(b),'' ``Sec.  158.40,'' ``Sec.  158.45,'' ``Sec.  158.60,'' 
``Sec.  158.75'' and ``Sec.  158.80'' are revised to read ``Sec.  
161.20(b),'' ``Sec.  161.40,'' ``Sec.  161.45,'' ``Sec.  161.60,'' 
``Sec.  161.75,'' and ``Sec.  161.80,'' respectively.


Sec.  161.70  [Amended]

0
9. In newly redesignated Sec.  161.70, reference to ``Sec.  158.20(d)'' 
is revised to read ``Sec.  161.20(d).''


Sec.  161.75  [Amended]

0
10. In newly redesignated Sec.  161.75(a), reference to ``part 158'' is 
revised to read ``part 161''.

[[Page 60255]]

Sec.  161.100  [Amended]

0
11. In newly redesignated Sec.  161.100, reference to``Sec. Sec.  
158.150 through 158.740'', is revised to read ``Sec. Sec.  161.150 
through 161.640'' and the reference to ``Sec.  158.108'' is revised to 
read ``Sec.  161.108''.


Sec.  161.101  [Amended]

0
12. In newly redesignated Sec.  161.101, reference to ``Sec.  158.45'' 
is revised to read ``Sec.  161.45,'' wherever it occurs.

0
13. Newly redesignated Sec.  161.108 is revised to read as follows:


Sec.  161.108  Relationship of Pesticide Assessment Guidelines to data 
requirements.

    The Pesticide Assessment Guidelines contain the standards for 
conducting acceptable tests, guidance on evaluation and reporting of 
data, definition of terms, further guidance on when data are required, 
and examples of acceptable protocols. They are available through the 
National Technical Information Service, 5285 Port Royal Road, 
Springfield, VA 22161 (703-605-6000). The following Subdivisions of the 
Pesticide Assessment Guidelines, referenced to the appropriate sections 
of this part, are currently available:

----------------------------------------------------------------------------------------------------------------
                                                                                        Corresponding section(s)
             Subdivision                       Title                NTIS order no.            in this part
----------------------------------------------------------------------------------------------------------------
D                                     Product Chemistry        PB83-153890                    161.150 - 161.190
----------------------------------------------------------------------------------------------------------------
E                                     Hazard Evaluation:       PB83-153908                              161.490
                                       Wildlife and Aquatic
                                       Organisms
----------------------------------------------------------------------------------------------------------------
F                                     Hazard Evaluation:       PB83-153916                              161.340
                                       Humans and Domestic
                                       Animals
----------------------------------------------------------------------------------------------------------------
G                                     Product Performance      PB83-153924                              161.640
----------------------------------------------------------------------------------------------------------------
I                                     Experimental Use         PB83-153932                     161.20 - 161.640
                                       Permits
----------------------------------------------------------------------------------------------------------------
J                                     Hazard Evaluation:       PB83-153940                              161.540
                                       Nontarget Plants
----------------------------------------------------------------------------------------------------------------
K                                     Reentry Protection       PB85-120962                              161.390
----------------------------------------------------------------------------------------------------------------
L                                     Hazard Evaulation:       PB83-153957                              161.590
                                       Nontarget Insect
----------------------------------------------------------------------------------------------------------------
N                                     Environmental Fate       PB83-153973                              161.290
----------------------------------------------------------------------------------------------------------------
O                                     Residue Chemistry        PB83-153961                              161.240
----------------------------------------------------------------------------------------------------------------
R                                     Spray Drift Evaluation   PB84-189216                              161.440
----------------------------------------------------------------------------------------------------------------

Sec.  161.150  [Amended]

0
14. In newly redesignated Sec.  161.150, references to ``Sec. Sec.  
158.175,'' and ``Sec.  158.155,'' are revised to read ``Sec.  161.175'' 
and ``Sec.  161.155,'' respectively, wherever they occur.


Sec.  161.155  [Amended]

0
15. In newly redesignated Sec.  161.155, reference to ``Sec.  158.175'' 
is revised to read ``Sec.  161.175,'' whereever it occurs.


Sec.  161.162  [Amended]

0
16. In newly redesignated Sec.  161.162, reference to ``Sec.  158.165'' 
is revised to read ``Sec.  161.165.''


Sec.  161.165  [Amended]

0
17. In newly redesignated Sec.  161.165, reference to ``Sec.  158.162'' 
is revised to read ``Sec.  161.162'', whereever it occurs.


Sec. Sec.  161.190, 161.240, 161.290, 161.340, 161.390, 161.440, 
161.490, 161.540, 161.590, and 161.640  [Amended]

0
18. In newly redesignated Sec. Sec.  161.190, 161.240, 161.290, 
161.340, 161.390, 161.440, 161.490, 161.540, 161.590, and 161.640, 
reference to the phrase ``Sections 158.50 and 158.100 through 158.102'' 
is revised to read ``Sections 161.100 through 161.102''.


Sec.  161.340  [Amended]

0
19. Newly redesignated Sec.  161.340 is further amended in paragraph 
(b)(22)(i) by revising the reference to ``Sec.  158.202'' to read 
``Sec.  161.202.''


Appendix A  [Amended]

0
20. Appendix A to newly redesignated part 161 is amended under the 
topic ``How to use this Index,'' in paragraph 4, by revising the phrase 
``in Sec. Sec.  158.120 through 153.170'' to read ``in Sec. Sec.  
161.155 through 161.640''.
[FR Doc. E7-20836 Filed 10-23-07; 8:45 am]
BILLING CODE 6560-50-S