
[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Rules and Regulations]
[Pages 29957-29958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14620]


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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.

0
Therefore, 40 CFR part 161 is amended as follows:

PART 161--[AMENDED]

0
1. The authority citation for part 161 continues to read as follows:

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


0
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


