[Federal Register: April 2, 2004 (Volume 69, Number 64)]
[Rules and Regulations]
[Page 17303-17304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap04-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 166
[OPP-2004-0039; FRL-7345-7]
RIN 2070-AD36
Pesticides; Emergency Exemption Process Revisions; Notification
to the Secretary of Agriculture
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification to the Secretary of Agriculture.
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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 proposes several
improvements to the pesticide emergency exemption process under section
18 of FIFRA. The two primary proposed improvements are currently being
tested through a limited pilot, and are based on recommendations from
the States which are the primary applicants for emergency exemptions.
EPA has established regulations under section 18 of FIFRA which allow a
Federal or State agency to apply for an emergency exemption to allow an
unregistered use of a pesticide for a limited time when such use is
necessary to alleviate an emergency condition.
FOR FURTHER INFORMATION CONTACT: Joseph Hogue, Field and External
Affairs Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: 703-308-9072; e-mail address:
hogue.joe@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 U.S.
Department of Agriculture and does not otherwise affect any specific
entities. This action may, however, be of particular interest to
Federal, State, or Territorial government agencies that petition EPA
for FIFRA section 18 emergency use authorization for a pesticide, not
otherwise registered for the use, to address an emergency pest
situation. 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 Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPP-2004-0039. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Public Information and
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2,
1921 Jefferson Davis Hwy., Arlington, VA. This 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.
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at
[[Page 17304]]
http://www.epa.gov/fedrgstr/. Please note that the draft proposed rule
is not currently publicly available. It will only become publicly
available when the proposed rule is signed, at which time it will be
published in the Federal Register.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
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
Notification?
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.
List of Subjects in 40 CFR Part 166
Environmental protection, Administrative practice and procedure,
Emergency exemptions, Intergovernmental relations, Pesticides and
pests, Reporting and recordkeeping requirements
Dated: March 13, 2004.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. 04-7474 Filed 4-1-04; 8:45 am]
BILLING CODE 6560-50-S