[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Proposed Rules]
[Pages 14358-14359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5997]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 152, 158, and 174
[EPA-HQ-OPP-2009-0499; FRL-8863-5]
RIN 2070-AJ27
Pesticides; Data Requirements for Plant-Incorporated Protectants
(PIPs) and Certain Exemptions for PIPs; 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.
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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). The draft
proposed rule will propose codifying data requirements that
specifically address the registration data needs of plant-incorporated
protectants (PIPs). These data requirements are intended to provide EPA
with data and other information necessary for the registration of a PIP
or the issuance of an experimental use permit for a PIP. Also, EPA will
propose to exempt cisgenic PIPs from registration to encourage research
and development of useful biotechnology and reduce the number of PIPs
seeking registration. Cisgenic PIPs are formed when genetic material is
transferred, using bioengineering technology, between plants that could
transfer the genetic material naturally.
DATES: Comments must be received on or before April 15, 2011.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0499. All documents in the
docket are listed in the docket index available in http://www.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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP
[[Page 14359]]
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The Docket Facility is open 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: Rose Kyprianou, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5354; e-mail address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. 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 does not otherwise affect any
specific entities. This action may, however, be of particular interest
to those persons who produce or register plant-incorporated protectants
(PIPs) under FIFRA or may seek a tolerance or tolerance exemption for a
PIP under the Federal Food, Drug, and Cosmetic Act (FFDCA). This action
may also be of interest to those persons involved in biotechnology
research or development of PIPs. 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.
II. What action is EPA taking?
Section 25(a)(2) of FIFRA provides that the Administrator must
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 provides that the
Administrator must 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
neither Secretary comments 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
40 CFR Part 152
Environmental protection, Administrative practice and procedure,
Pesticides and pests, Reporting and recordkeeping requirements.
40 CFR Part 158
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
40 CFR Part 174
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Plant-incorporated
protectants, Reporting and recordkeeping requirements.
Dated: March 4, 2011.
Steven Bradbury,
Director, Office of Pesticide Programs.
[FR Doc. 2011-5997 Filed 3-15-11; 8:45 am]
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