83 FR 60389 - Notification of Submission to the Secretaries of Agriculture and Health and Human Services; Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 227 (November 26, 2018)

Page Range		60389-60390
FR Document		2018-25554

This document notifies the public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) and the Secretary of the United States Department of Health and Human Services (HHS) a draft regulatory document concerning Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides. The draft regulatory document is not available to the public until after it has been signed and made available by EPA.

Federal Register, Volume 83 Issue 227 (Monday, November 26, 2018)

[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Proposed Rules]
[Pages 60389-60390]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25554]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 158

[EPA-HQ-OPP-2018-0668; FRL-9984-47]
RIN 2070-AK41


Notification of Submission to the Secretaries of Agriculture and 
Health and Human Services; Pesticides; Technical Amendment to Data 
Requirements for Antimicrobial Pesticides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of submission to the Secretaries of Agriculture 
and Health and Human Services.

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SUMMARY: This document notifies the public as required by the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA 
Administrator has forwarded to the Secretary of the United States 
Department of Agriculture (USDA) and the Secretary of the United States 
Department of Health and Human Services (HHS) a draft regulatory 
document concerning Pesticides; Technical Amendment to Data 
Requirements for Antimicrobial Pesticides. The draft regulatory 
document is not available to the public until after it has been signed 
and made available by EPA.

DATES: On October 29, 2018, the EPA Administrator forwarded to the 
Secretary of the United States Department of Agriculture (USDA) and the 
Secretary of the United States Department of Health and Human Services 
(HHS) a draft regulatory document concerning Pesticides; Technical 
Amendment to Data Requirements for Antimicrobial Pesticides.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2018-0668, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg. Rm. 3334, 
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPP 
Docket is (703) 305-5805. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

[[Page 60390]]


FOR FURTHER INFORMATION CONTACT: Cameo Smoot, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20460-0001; 
telephone number: (703) 305-5454; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?

    Section 25(a)(2)(B) of FIFRA requires the EPA Administrator to 
provide the Secretary of USDA with a copy of any draft final rule at 
least 30 days before signing it in final form for publication in the 
Federal Register. Similarly, FIFRA section 21(b) requires the EPA 
Administrator to provide the Secretary of HHS with a copy of any draft 
final rule pertaining to a public health pesticide at least 30 days 
before publishing it in the Federal Register. The draft final rule is 
not available to the public until after it has been signed by EPA. If 
either Secretary comments in writing regarding the draft final rule 
within 15 days after receiving it, the EPA Administrator shall include 
the comments of the Secretary, if requested by the Secretary, and the 
EPA Administrator's response to those comments with the final rule that 
publishes in the Federal Register. If either Secretary does not comment 
in writing within 15 days after receiving the draft final rule, the EPA 
Administrator may sign the final rule for publication in the Federal 
Register any time after the 15-day period.

II. Do any statutory and executive order reviews apply to this 
notification?

    No. This document is merely a notification of submission to the 
Secretaries of USDA and HHS. As such, none of the regulatory assessment 
requirements apply to this document.

List of Subjects in Part 40 CFR 158

    Environmental protection, Administrative practice and procedure, 
Pesticides and pests, Reporting and recordkeeping requirements.

    Dated: October 25, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.
[FR Doc. 2018-25554 Filed 11-23-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Proposed Rules 60389

Division 12 and provide LRAPA with of the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION
authority needed for SIP approval. U.S.C. 3501 et seq.); AGENCY
IV. Incorporation by Reference • Is certified as not having a
40 CFR Part 158
In this document, we are proposing to significant economic impact on a
include in a final rule regulatory text substantial number of small entities [EPA–HQ–OPP–2018–0668; FRL–9984–47]
that includes incorporation by under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.); RIN 2070–AK41
reference. In accordance with
requirements of 1 CFR 51.5, we are • Does not contain any unfunded Notification of Submission to the
proposing to incorporate by reference mandate or significantly or uniquely Secretaries of Agriculture and Health
the provisions described above in affect small governments, as described and Human Services; Pesticides;
Section III. Proposed Action. The EPA in the Unfunded Mandates Reform Act Technical Amendment to Data
has made, and will continue to make, of 1995 (Pub. L. 104–4); Requirements for Antimicrobial
these documents generally available • Does not have Federalism Pesticides
electronically through https:// implications as specified in Executive
www.regulations.gov and in hard copy AGENCY: Environmental Protection
Order 13132 (64 FR 43255, August 10,
at the appropriate EPA office (see the Agency (EPA).
1999);
ADDRESSES section of this preamble for ACTION: Notification of submission to
more information). • Is not an economically significant the Secretaries of Agriculture and
regulatory action based on health or Health and Human Services.
V. Oregon Notice Provision safety risks subject to Executive Order
Oregon Revised Statute 468.126 13045 (62 FR 19885, April 23, 1997); SUMMARY: This document notifies the
prohibits the ODEQ from imposing a • Is not a significant regulatory action public as required by the Federal
penalty for violation of an air, water or subject to Executive Order 13211 (66 FR Insecticide, Fungicide, and Rodenticide
solid waste permit unless the source has 28355, May 22, 2001); Act (FIFRA) that the EPA Administrator
been provided five days’ advanced has forwarded to the Secretary of the
written notice of the violation and has • Is not subject to requirements of United States Department of Agriculture
not come into compliance or submitted section 12(d) of the National (USDA) and the Secretary of the United
a compliance schedule within that five- Technology Transfer and Advancement States Department of Health and Human
day period. By its terms, the statute does Act of 1995 (15 U.S.C. 272 note) because Services (HHS) a draft regulatory
not apply to Oregon’s title V program or this action does not involve technical document concerning Pesticides;
to any program if application of the standards; and Technical Amendment to Data
notice provision would disqualify the • Does not provide the EPA with the Requirements for Antimicrobial
program from Federal delegation. discretionary authority to address, as Pesticides. The draft regulatory
Oregon has previously confirmed that, appropriate, disproportionate human document is not available to the public
because application of the notice health or environmental effects, using until after it has been signed and made
provision would preclude EPA approval practicable and legally permissible available by EPA.
of the Oregon SIP, no advance notice is methods, under Executive Order 12898 DATES: On October 29, 2018, the EPA
required for violation of SIP (59 FR 7629, February 16, 1994). Administrator forwarded to the
requirements. Secretary of the United States
The proposed SIP would not be
VI. Statutory and Executive Order approved to apply on any Indian Department of Agriculture (USDA) and
Reviews reservation land or in any other area the Secretary of the United States
where the EPA or an Indian tribe has Department of Health and Human
Under the CAA, the Administrator is Services (HHS) a draft regulatory
required to approve a SIP submission demonstrated that a tribe has
jurisdiction. In those areas of Indian document concerning Pesticides;
that complies with the provisions of the Technical Amendment to Data
CAA and applicable Federal regulations. country, the proposed rule does not
Requirements for Antimicrobial
42 U.S.C. 7410(k); 40 CFR 52.02(a). have tribal implications and will not
Pesticides.
Thus, in reviewing SIP submissions, the impose substantial direct costs on tribal
EPA’s role is to approve State choices, governments or preempt tribal law as ADDRESSES: The docket for this action,
provided that they meet the criteria of specified by Executive Order 13175 (65 identified by docket identification (ID)
the CAA. Accordingly, this proposed FR 67249, November 9, 2000). number EPA–HQ–OPP–2018–0668, is
action merely approves State law as available at http://www.regulations.gov
List of Subjects in 40 CFR Part 52 or at the Office of Pesticide Programs
meeting Federal requirements and does
not impose additional requirements Regulatory Public Docket (OPP Docket)
Environmental protection, Air
beyond those imposed by State law. For in the Environmental Protection Agency
pollution control, Incorporation by
that reason, this proposed action: Docket Center (EPA/DC), West William
reference, Intergovernmental relations,
• Is not a ‘‘significant regulatory Lead, Nitrogen dioxide, Ozone,
Jefferson Clinton Bldg. Rm. 3334, 1301
action’’ subject to review by the Office Constitution Ave. NW, Washington, DC
Particulate matter, Reporting and
of Management and Budget under 20460–0001. The Public Reading Room
recordkeeping requirements, Sulfur is open from 8:30 a.m. to 4:30 p.m.,
Executive Orders 12866 (58 FR 51735, oxides, Volatile organic compounds.
October 4, 1993) and 13563 (76 FR 3821, Monday through Friday, excluding legal
January 21, 2011); Authority: 42 U.S.C. 7401 et seq. holidays. The telephone number for the
• Is not an Executive Order 13771 (82 Dated: November 9, 2018. Public Reading Room is (202) 566–1744,
FR 9339, February 2, 2017) regulatory and the telephone number for the OPP
Chris Hladick,
action because SIP approvals are Docket is (703) 305–5805. Please review
exempted under Executive Order 12866; Regional Administrator, Region 10. the visitor instructions and additional
• Does not impose an information [FR Doc. 2018–25679 Filed 11–23–18; 8:45 am] information about the docket available
collection burden under the provisions BILLING CODE 6560–50–P at http://www.epa.gov/dockets.

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$60390 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Proposed Rules FOR FURTHER INFORMATION CONTACT: rule pertaining to a public health II. Do any statutory and executive order Cameo Smoot, Field and External pesticide at least 30 days before reviews apply to this notification? Affairs Division (7506P), Office of publishing it in the Federal Register. Pesticide Programs, Environmental The draft final rule is not available to No. This document is merely a Protection Agency, 1200 Pennsylvania the public until after it has been signed notification of submission to the Ave. NW, Washington DC 20460–0001; by EPA. If either Secretary comments in Secretaries of USDA and HHS. As such, telephone number: (703) 305–5454; writing regarding the draft final rule none of the regulatory assessment email address: smoot.cameo@epa.gov. within 15 days after receiving it, the requirements apply to this document. SUPPLEMENTARY INFORMATION: EPA Administrator shall include the List of Subjects in Part 40 CFR 158 comments of the Secretary, if requested I. What action is EPA taking? by the Secretary, and the EPA Environmental protection, Section 25(a)(2)(B) of FIFRA requires Administrator’s response to those Administrative practice and procedure, the EPA Administrator to provide the comments with the final rule that Pesticides and pests, Reporting and Secretary of USDA with a copy of any publishes in the Federal Register. If recordkeeping requirements. draft final rule at least 30 days before either Secretary does not comment in Dated: October 25, 2018. signing it in final form for publication writing within 15 days after receiving Richard P. Keigwin, Jr., in the Federal Register. Similarly, the draft final rule, the EPA FIFRA section 21(b) requires the EPA Administrator may sign the final rule for Director, Office of Pesticide Programs. Administrator to provide the Secretary publication in the Federal Register any [FR Doc. 2018–25554 Filed 11–23–18; 8:45 am] of HHS with a copy of any draft final time after the 15-day period. BILLING CODE 6560–50–P VerDate Sep<11>2014 16:28 Nov 23, 2018 Jkt 247001 PO 00000 Frm 00018 Fmt 4702 Sfmt 9990 E:\FR\FM\26NOP1.SGM 26NOP1$

Document Created: 2018-11-24 00:52:26
Document Modified: 2018-11-24 00:52:26

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notification of submission to the Secretaries of Agriculture and Health and Human Services.
Dates		On October 29, 2018, the EPA Administrator forwarded to the Secretary of the United States Department of Agriculture (USDA) and the Secretary of the United States Department of Health and Human Services (HHS) a draft regulatory document concerning Pesticides; Technical Amendment to Data Requirements for Antimicrobial Pesticides.
Contact		Cameo Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20460-0001;
FR Citation		83 FR 60389
RIN Number		2070-AK41