83_FR_60616 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

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 Range60389-60390
FR Document2018-25554

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: smoot.cameo@epa.gov.

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




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Document Created: 2018-11-24 00:52:26
Document Modified: 2018-11-24 00:52:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotification of submission to the Secretaries of Agriculture and Health and Human Services.
DatesOn 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.
ContactCameo Smoot, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington DC 20460-0001;
FR Citation83 FR 60389 
RIN Number2070-AK41

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