

[Federal Register: March 1, 2006 (Volume 71, Number 40)]
[Rules and Regulations]               
[Page 10438-10439]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01mr06-8]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 156 and 165

[EPA-HQ-OPP-2005-0327; FRL-7749-1]
RIN 2070-AB95

 
Pesticide Management and Disposal; Standards for Pesticide 
Containers and Containment; Notification to the Secretary of 
Agriculture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretary of Agriculture.

-----------------------------------------------------------------------

SUMMARY: This document notifies the public that the Administrator of 
EPA has forwarded to the Secretary of Agriculture a draft final 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 final rule would establish standards for 
removal of pesticides from containers and for rinsing containers; 
facilitate the safe use, refill, reuse, and disposal of pesticide 
containers by establishing standards for container design, labeling and 
refilling; and establish requirements for containment of large, 
stationary pesticide containers and for containment of pesticide 
dispensing areas.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OPP-2005-0327. All documents in the docket are listed on the 
http://www.regulations.gov web site. 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 either 
electronically through http://www.regulations.gov or in hard copy at the 

Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1801 S. Bell St., Arlington, VA, Monday 
through Friday, excluding legal holidays. The Docket telephone number 
is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Nancy Fitz, Field and External Affairs 
Division, (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington DC 20460-
0001; telephone number: 703-305-7385; e-mail address: 
fitz.nancy@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 final rule to USDA and does not 
otherwise affect any specific entities. This action may, however, be of 
particular interest to pesticide formulators, agrichemical dealers, and 
independent commercial pesticide applicators. 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 Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using 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/.
 A frequently updated electronic version of 40 CFR part 180 is 

available on E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.


[[Page 10439]]

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 final regulation at least 
30 days before signing it for publication in the Federal Register. The 
draft final rule is not available to the public until after it has been 
signed by EPA. If the Secretary comments in writing regarding the draft 
final rule within 15 days after receiving it, the Administrator shall 
include the comments of the Secretary, if requested by the Secretary, 
and the Administrator's response to those comments in the final rule 
when published in the Federal Register. If the Secretary does not 
comment in writing within 15 days after receiving the draft final rule, 
the Administrator may sign the final rule for publication in the 
Federal Register anytime after the 15-day period.

III. Do Any Statutory and Executive Order Reviews Apply to this 
Notification?

    No. This document is not a 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.

IV. Will this Notification be Subject to the Congressional Review Act?

    No. This action is not a rule for purposes of the Congressional 
Review Act (CRA), 5 U.S.C. 804(3), and will not be submitted to 
Congress and the Comptroller General. EPA will submit the final rule to 
Congress and the Comptroller General as required by the CRA.

List of Subjects

Part 9

    Environmental protection, Reporting and recordkeeping requirements.

Part 156

    Environmental protection, Labeling, Pesticides and pests.

Part 16

    Environmental protection, Packaging and containers, Containment 
structures, Pesticides and pests.


    Dated: February 9, 2006.
James Jones,
Director, Office of Pesticide Programs.
[FR Doc. 06-1853 Filed 2-28-06; 8:45 am]

BILLING CODE 6560-50-S
