

[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Proposed Rules]               
[Page 59697-59698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11oc06-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 174

[EPA-HQ-OPP-2006-0642; FRL-8095-2]

 
Plant-Incorporated Protectants Derived from a Plant Viral Coat 
Protein Gene (PVCP-PIPs); Notification to the Secretary of Agriculture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification to the Secretary of Agriculture.

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SUMMARY: This document notifies the public that the Administrator of 
EPA

[[Page 59698]]

has forwarded to the Secretary of Agriculture a draft proposed 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 proposed rule would add certain plant-
incorporated protectants based on viral coat protein genes (PVCP-PIPs) 
to its plant-incorporated protectants exemptions at 40 CFR part 174. 
Substances that plants produce for protection against pests and the 
genetic material necessary to produce them are pesticides under FIFRA 
if humans intend these substances to ``prevent, repel or mitigate any 
pest.''

ADDRESSES:  EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0642. All documents in the 
docket are listed on the 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 in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office 

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. 
The hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Tom McClintock, Hazard Assessment 
Coordination and Policy Division (7202M), Office of Science 
Coordination and Policy, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington DC 20460-0001; telephone number: 
202-564-8488; e-mail address: mcclintock.tom@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 proposed rule to the U.S. 
Department of Agriculture (USDA) and does not otherwise affect any 
specific entities. This action may, however, be of particular interest 
to people or companies involved with agricultural biotechnology that 
may develop and market plant-incorporated protectants. 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 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 Action is EPA Taking?

    Section 25(a)(2) of FIFRA requires the Administrator to provide the 
Secretary of Agriculture with a copy of any proposed regulation 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 the Secretary comments in writing 
regarding the draft proposed rule within 30 days after receiving it, 
the Administrator shall include the comments of the Secretary and the 
Administrator's response to those comments in the proposed rule when 
published in the Federal Register. If the Secretary does not comment 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 not withstanding the 
foregoing 60-day time requirement.

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 Secretary of Agriculture. As such, 
none of the regulatory assessment requirements apply to this document.

List of Subjects in Part 174

    Environmental protection, Administrative practice and procedures, 
Pesticides and pests.


    Dated: October 2, 2006.
 Clifford J. Gabriel
Director, Office of Science Coordination and Policy.
[FR Doc. E6-16751 Filed 10-10-06; 8:45 am]

BILLING CODE 6560-50-S
