65 FR 180 pg. 55929 - Final Regulations for Plant-Pesticides(Plant-Incorporated Protectants); Notification to the Secretaryof Agriculture
Type: PRORULEVolume: 65Number: 180Page: 55929
Docket number: [OPP-250127; FRL-6047-9]
FR document: [FR Doc. 00-23780 Filed 9-14-00 8:45am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 152 and 174
[OPP-250127; FRL-6047-9]
RIN 2070-AC02
Final Regulations for Plant-Pesticides(Plant-Incorporated Protectants); Notification to the Secretaryof Agriculture
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Notification to the Secretary ofAgriculture.
SUMMARY:
This document notifies the public that theAdministrator of EPA has forwarded to the Secretary ofAgriculture, a draft final rule under section 25(a) of theFederal Insecticide, Fungicide, and Rodenticide Act. Thesubstances plants produce for protection against pests arepesticides under the Federal Insecticide, Fungicide, andRodenticide Act definition of pesticide, if humans intend to usethese substances for "preventing, destroying, repelling ormitigating any pest." These substances, produced and usedin living plants, along with the genetic material necessary toproduce them, are currently called "plant-pesticides"by EPA. In this final rule, EPA will rename these pesticides,calling them "plant-incorporated protectants," willexempt a category of plant-pesticides, will clarify therelationship between plants and plant-pesticides and confirm thatplants used as biological control agents are exempt fromregulation under the Federal Insecticide, Fungicide, andRodenticide Act, and will establish new part 174 in Title 40 ofthe Code of Federal Regulations, specifically forplant-pesticides.
FOR FURTHER INFORMATION CONTACT:
By mail: PhilipHutton, Biopesticides and Pollution Prevention Division, Officeof Pesticide Programs (7511C), Environmental Protection Agency,1200 Pennsylvania Ave., NW., Washington DC 20460; telephonenumber: (703) 308-8260; and e-mail address:hutton.phil@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general fornotification.This action may, however, be of interest to a person or companythat may be involved with agricultural biotechnology that maydevelop and market plant-incorporated protectants. Since otherentities may also be interested, the Agency has not attempted todescribe all the specific entities that may be interested in thisnotice. If you have any questions regarding the applicability ofthis action to a particular entity, consult the person listedunder FOR FURTHER INFORMATION CONTACT .
B. How Can I Get Additional Information, Including Copies ofthis Document and Other Related Documents?
Electronically . You may obtain electronic copiesof this document, and certain other documents related to theproposed rule only that might be available electronically, fromthe EPA Internet Home Page at http://www.epa.gov/. The draftfinal rule is not available until it has been signed by EPA. Toaccess this document, on the Home Page select "Laws andRegulations," "Regulations and Proposed Rules,"and then look up the entry for this document under the " Federal Register -Environmental Documents."You can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.
II. What Action is EPA Taking?
Section 25(a)(2) of FIFRA provides that the Administrator mustprovide the Secretary of Agriculture with a copy of anyregulation at least 30 days before signing it for publication inthe Federal Register . The draft final rule is notavailable to the public until after it has been signed by EPA. Ifthe Secretary comments in writing regarding the draft final rulewithin 15 days after receiving it, the Administrator shallinclude in the final rule when published in the FederalRegister the comments of the Secretary and theAdministrator's response to those comments. If the Secretary doesnot comment in writing within 15 days after receiving the finalrule, the Administrator may sign the final rule for publicationin the Federal Register anytime after the 15-dayperiod. As required by FIFRA section 25(a)(3), a copy of thefinal rule has been forwarded to the Committee on Agriculture ofthe House of Representatives and the Committee on Agriculture,Nutrition, and Forestry of the Senate. EPA issued a proposed rulein the Federal Register of November 23, 1994 (59 FR60534) (FRL-4755-3).
III. Do Any Regulatory Assessment Requirements Apply to thisNotification?
No. This document is not a rule, merely a notification ofsubmission to the Secretary of Agriculture. As such, none of theregulatory assessment requirements apply to this document.
IV. Will EPA Submit this Notification to Congress and theComptroller General?
No. This action is not a rule for purposes of theCongressional Review Act (CRA), 5 U.S.C. 804(3), and will not besubmitted to Congress and the Comptroller General. EPA willsubmit the final rule to Congress and the Comptroller General asrequired by the CRA.
List of Subjects in Parts 152 and 174
Environmental protection, Administrative practice andprocedure, Biotechnology pesticides, Pesticides and pests,Reporting and recordkeeping.
Dated: September 11, 2000.
Stephen L. Johnson,
Associate Deputy Assistant Administrator for the Office of Prevention, Pesticides and Toxic Substances.
[FR Doc. 00-23780 Filed 9-14-00 8:45am]
BILLING CODE 6560-50-S