Data Requirements for Antimicrobial Pesticides and Revisions to Product Chemistry Data Requirements for Conventional Pesticides; Notification to the Secretaries of Agriculture and Health and Human Services, 11848-11849 [E8-4144]

Download as PDF 11848 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules II. Proposed EPA Action EPA is proposing to approve revisions to the PM2.5 motor vehicle emissions budgets for Mercer County, New Jersey. yshivers on PROD1PC62 with PROPOSALS III. Statutory and Executive Order Reviews Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This proposed rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does not 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, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the CAA. This proposed rule also is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. VerDate Aug<31>2005 14:23 Mar 04, 2008 Jkt 214001 In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the CAA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: February 25, 2008. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. E8–4233 Filed 3–4–08; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 158 and 161 [EPA–HQ–OPP–2008–0010; FRL–8348–5] RIN 2070–AD30 Data Requirements for Antimicrobial Pesticides and Revisions to Product Chemistry Data Requirements for Conventional Pesticides; Notification to the Secretaries of Agriculture and Health and Human Services Environmental Protection Agency (EPA). ACTION: Notification to the Secretaries of Agriculture and Health and Human Services. AGENCY: 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). As described in the Agency’s semi-annual Regulatory Agenda, the draft proposed rule updates PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 the data requirements in 40 CFR part 158 for the registration of antimicrobial pesticide products. Besides providing the regulated community with clearer and more transparent information, once finalized the data requirements will enhance the development of health and environmental data to conduct scientifically sound chemical/hazard risk assessments to protect human health and the environment. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPP–2008–0010. To access the electronic docket, go to https:// 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 https://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 Bldg.), 2777 S. Crystal Dr., 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 Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460–0001; telephone number: 703.305.6304; e-mail address: boyle.kathryn@epa.gov. 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 proposed rule to the United States Department of Agriculture (USDA) and Department of Health and Human Services. It does not otherwise affect any specific entities. This action may, however, be of particular interest to a producer or E:\FR\FM\05MRP1.SGM 05MRP1 Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Proposed Rules registrant of an antimicrobial pesticide product. 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. Dated: February 25, 2008. Debra Edwards, Director, Office of Pesticide Programs. B. How Can I Access Electronic Copies of this Document and Other Related Information? National Oceanic and Atmospheric Administration In addition to using regulations.gov, you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings at https:// www.epa.gov/fedrgstr. 50 CFR Parts 223 and 224 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 draft proposed rule at least 60 days before signing it for publication in the Federal Register. Similarly, section 21(b) of FIFRA requires the Administrator to 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? yshivers on PROD1PC62 with PROPOSALS 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 Parts 158 and 161 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and record keeping requirements. VerDate Aug<31>2005 14:23 Mar 04, 2008 Jkt 214001 [FR Doc. E8–4144 Filed 3–4–08; 8:45 am] BILLING CODE 6560–50–S DEPARTMENT OF COMMERCE [Docket No. 080110038–8248–01] RIN 0648–XF03 Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90–day Finding for a Petition to Reclassify the Loggerhead Turtle in the Western North Atlantic Ocean National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: 90–day petition finding; request for information and comments. AGENCY: We, NMFS, announce the 90– day finding for a petition to reclassify loggerhead turtles (Caretta caretta) in the western North Atlantic Ocean as a Distinct Population Segment (DPS) with endangered status and designate critical habitat under the Endangered Species Act of 1973, as amended (ESA). The loggerhead is currently listed as threatened throughout its range. We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. We have initiated a review of the status of the species to determine whether the petitioned action is warranted and to determine whether any additional changes to the current listing of the loggerhead turtle are warranted. To ensure a comprehensive review, we solicit information and comments pertaining to this species from any interested party. DATES: Written comments and information related to this petition finding must be received [see ADDRESSES] by May 5, 2008. ADDRESSES: You may submit comments, identified by ‘‘0648–XF03’’, by any one of the following methods: • Electronic submissions: Submit all electronic public comments via the Federal eRulemaking Portal: https:// www.regulations.gov. • Fax: 978–281–9394, Attention: Barbara Schroeder • Mail: Information on paper, disk, or CD-ROM should be addressed to the SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 11849 Director of the Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Barbara Schroeder by phone 301–713– 2322, fax 301–427–2522, or e-mail barbara.schroeder@noaa.gov. SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires us to make a finding as to whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information indicating that the petitioned action may be warranted. Our implementing regulations (50 CFR 424.14) define ‘‘substantial information’’ as the amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted. In determining whether substantial information exists, we take into account several factors, including information submitted with, and referenced in, the petition and all other information readily available in our files. To the maximum extent practicable, this finding is to be made within 90 days of the receipt of the petition, and the finding is to be published promptly in the Federal Register. If we find that a petition presents substantial information indicating that the requested action may be warranted, we are also required to conduct a status review of the species. The determination of whether the petitioned action is warranted must be made within 1 year of the receipt of the petition. Analysis of Petition On November 16, 2007, we received a petition from Oceana and the Center for Biological Diversity requesting that loggerhead turtles in the western North Atlantic Ocean be reclassified as a DPS (see Petition Finding section below for discussion on Distinct Population E:\FR\FM\05MRP1.SGM 05MRP1

Agencies

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Proposed Rules]
[Pages 11848-11849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4144]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 158 and 161

[EPA-HQ-OPP-2008-0010; FRL-8348-5]
RIN 2070-AD30


Data Requirements for Antimicrobial Pesticides and Revisions to 
Product Chemistry Data Requirements for Conventional Pesticides; 
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.

-----------------------------------------------------------------------

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). As 
described in the Agency's semi-annual Regulatory Agenda, the draft 
proposed rule updates the data requirements in 40 CFR part 158 for the 
registration of antimicrobial pesticide products. Besides providing the 
regulated community with clearer and more transparent information, once 
finalized the data requirements will enhance the development of health 
and environmental data to conduct scientifically sound chemical/hazard 
risk assessments to protect human health and the environment.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2008-0010. To access the 
electronic docket, go to https://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 https://
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 Bldg.), 2777 S. Crystal Dr., 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 
Facility telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Kathryn Boyle, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: 703.305.6304; e-mail address: 
boyle.kathryn@epa.gov.

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 proposed rule to the United States 
Department of Agriculture (USDA) and Department of Health and Human 
Services. It does not otherwise affect any specific entities. This 
action may, however, be of particular interest to a producer or

[[Page 11849]]

registrant of an antimicrobial pesticide product. 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 https://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 draft proposed rule at 
least 60 days before signing it for publication in the Federal 
Register. Similarly, section 21(b) of FIFRA requires the Administrator 
to 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 Parts 158 and 161

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and record 
keeping requirements.


    Dated: February 25, 2008.
Debra Edwards,
Director, Office of Pesticide Programs.

[FR Doc. E8-4144 Filed 3-4-08; 8:45 am]
BILLING CODE 6560-50-S
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