96-4829. Pesticide Reports for Pesticide-Producing Establishments; (EPA Form 3540-16); Additional Time To Report

[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Pages 8221-8222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4829]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 167

[OECA; FRL-5433-4]


Pesticide Reports for Pesticide-Producing Establishments; (EPA 
Form 3540-16); Additional Time To Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Time extension for submission of reports.

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SUMMARY: Because of delays in completing and distributing reporting 
packages, EPA is announcing that it will extend the due date for 
submission of annual pesticide production reports (EPA Form 3540-16) 
for calendar year 1995 until two months after reporting packages are 
mailed by EPA. These reports under Section 7 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and supporting 
regulations at 40 CFR Part 167 would otherwise be due on or before 
March 1, 1996.

DATES: Annual pesticide production reports for calendar year 1995 will 
be due May 1, 1996.

FOR FURTHER INFORMATION CONTACT: Carol L. Buckingham, [phone], 
fax [phone], Environmental Protection Agency, Mail Code 2225A, 
401 M Street, SW., Washington, D.C. 20460.

SUPPLEMENTARY INFORMATION:

Background

    Section 7 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) and the supporting regulations at 40 CFR Part 167 requires 
certain facilities who manufacture, prepare, propagate, compound, or 
process any pesticide, including any pesticide produced pursuant to 
Section 5 of the Act, any active ingredient, or device, or to package, 
repackage, label, relabel, or otherwise change the container of any 
pesticide or device to report annually on the amounts and types, etc. 
of pesticides produced.
    Each year prior to the reporting deadline (March 1) EPA develops 
and sends to facilities a reporting package containing the current 
pesticide reporting forms (EPA Form 3540-16), and instructions for 
reporting.
    Because of delays in development of the reporting package, it will 
not be distributed to the pesticide-producing establishments in time to 
meet the March 1 reporting date. Therefore, EPA is extending the 
reporting deadline to two (2) months after the packages are mailed out.
    This allowance of additional time for reporting applies only to the 
FIFRA section 7 and 40 CFR Part 167 reporting 

[[Page 8222]]
obligations for pesticide reports otherwise due on March 1, 1996, 
covering calendar year 1995. Nothing in this Notice shall be construed 
to apply to any other FIFRA reporting obligations, or to any pesticide 
reports (EPA Form 3540-16) due for past or future reporting years. 
Further, this allowance of additional time for reporting applies only 
to the Federal FIFRA section 7 and 40 CFR Part 167 reporting 
obligation; it does not apply to independent obligations under State 
laws which may require pesticide-production type reports.
    To the extent that this action might be construed as rulemaking 
subject to section 553 of the Administrative Procedures Act, for the 
reasons stated above, EPA has determined that notice and an opportunity 
for public comment are impracticable and unnecessary. Providing for 
public comment might further delay reporting, and, because there is no 
substantive change in the reporting obligation, the public will 
continue to receive the same information, though slightly delayed.

List of Subjects in 40 CFR Part 167

    Registration of pesticide and active ingredient producing 
establishments, Submission of pesticide reports.

    Dated: February 23, 1996.
Steven A. Herman,
Assistant Administrator, Office of Enforcement and Compliance 
Assurance.
[FR Doc. 96-4829 Filed 3-1-96; 8:45 am]
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