[Federal Register Volume 70, Number 203 (Friday, October 21, 2005)]
[Proposed Rules]
[Pages 61242-61243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21093]



40 CFR Part 158

[OPP-2005-0415; FRL-7734-2]
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.


SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretary of Agriculture a draft proposed 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 proposed rule updates and revises data 
requirements for the registration of microbial and biochemical 
pesticide products to reflect current scientific knowledge and 
understanding. These data requirements and those already codified in 
part 158 of title 40 of the Code of Federal Regulations (CFR), are 
intended to provide EPA with data and other information necessary for 
the registration of biochemical and microbial pesticide products.

ADDRESSES: EPA has established a docket for this action under Docket 
identification (ID) number OPP-2005-0415. All documents in the docket 
are listed in the EDOCKET index at http://www.epa.gov/edocket. Although 
listed in the index, some information is not publicly available, i.e., 
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 electronically 
in EDOCKET or in hard copy at the Public Information and Records 
Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 1801 S. 
Bell St., Arlington, VA, Monday through Friday, excluding legal 
holidays. The Docket telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Candace Brassard, Field and External 
Affairs Division (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: 703-305-6598; e-mail address: 


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 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 proposal also may affect

[[Page 61243]]

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 

B. How Can I Access Electronic Copies of This Document and Other 
Related Information?

    In addition to using EDOCKET (http://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. A frequently updated electronic version of 40 CFR part 180 
is available at E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

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 proposed regulation 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 the Secretary comments in writing 
regarding the draft proposed rule within 30 days after receiving it, 
the Administrator shall include the comments of the Secretary and the 
Administrator's response to those comments in the proposed rule when 
published in the Federal Register. 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 

    No. This document is not a proposed 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 Part 158

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

    Dated: October 13, 2005.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. 05-21093 Filed 10-20-05; 8:45 am]