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Data Requirements for Antimicrobial Pesticides; Technical Amendment

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[Federal Register: June 24, 2009 (Volume 74, Number 120)]
[Rules and Regulations]
[Page 29957-29958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn09-15]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 161
[EPA-HQ-OPP-2004-0387; FRL-8418-5]

Data Requirements for Antimicrobial Pesticides; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).
ACTION:  Final rule; technical amendment.

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SUMMARY: EPA is issuing this technical amendment to clarify that the
data requirements for pesticide registration in 40 CFR part 161 are
applicable only to antimicrobial pesticides.

DATES: This technical amendment is effective June 24, 2009.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2004-0387. 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 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,

[[Page 29958]]

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?

    The Agency included in the final rule a list of those who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under the FOR FURTHER INFORMATION CONTACT.

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

    In addition to accessing electronically available documents at
http://www.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 Technical Amendment Do?

    In the Federal Register of October 24, 2007 (72 FR 60251) (FRL-
8116-2), EPA issued a Final Rule which, among other things,
redesignated 40 CFR part 158 as 40 CFR part 161. The regulations in
redesignated part 161 were intended to apply to, and are applicable
only to antimicrobial pesticides as was shown in the redesignation
table. This technical amendment is issued to clarify the applicability
of part 161, clear up any confusion among the users of the regulations
in 40 CFR parts 158 and 161, and to correct the part heading for part
161 to show applicability to antimicrobial pesticides. The data
requirements for conventional, biochemical, and microbial pesticides
are set forth in 40 CFR part 158.

III. Why is this Tehnical Amendment 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 technical
amendment final without prior proposal and opportunity for comment,
because EPA is not making any substantive changes to the regulations
and is merely clarifying the applicability of existing regulations to
avoid confusion. 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?

    The appropriate statutory and Executive Order reviews were included
in the October 24, 2007 Final Rule.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report 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 in 40 CFR Part 161

    Environmental protection, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: June 12, 2009.
Debra Edwards,
Director, Office of Pesticide Programs.

• Therefore, 40 CFR part 161 is amended as follows:

PART 161--[AMENDED]

• 1. The authority citation for part 161 continues to read as follows:

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

• 2. Revise the heading for part 161 to read as follows:

PART 161--DATA REQUIREMENTS FOR REGISTRATION OF ANTIMICROBIAL PESTICIDES

[FR Doc. E9-14620 Filed 6-23-09; 8:45 am]
BILLING CODE 6560-50-S

 
 

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