[Federal Register Volume 61, Number 184 (Friday, September 20, 1996)]
[Proposed Rules]
[Page 49427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24201]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 153 and 159
[OPP-60010F; FRL-5396-1]
RIN 2070-AB50
Reporting Requirements for Risk/Benefit Information; Extension of
Comment Period to Request Comments on Burden Estimates; Denial of
Petition
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposal; extension of comment period; denial of petition.
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SUMMARY: In the Federal Register of August 12, 1996, EPA reopened the
comment period for a proposed rule that published in the Federal
Register of September 24, 1992, which defined the specifics of
reporting requirements under section 6(a)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act. This document announces
the extension of the comment period for an additional 30 days. This
document also announces the Agency's decision to deny a petition
request to reopen the comment period to address broader issues of the
proposed rule.
DATES: Comments must be submitted on or before October 21, 1996.
ADDRESSES: Submit written comments identified by the docket control
number OPP-60010F by mail to: Public Response Section, Field Operations
Division (7506C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. In person,
bring comments directly to the OPP docket which is located in Rm. 1132
of Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
Comments and data may also be submitted electronically by sending
electronic mail (e-mail) to: opp-docket@epamail.epa.gov. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form or encryption. Comments and data will also be
accepted on disks in WordPerfect 5.1 file format or ASCII file format.
All comments and data in electronic form must be identified by the
docket number ``OPP-60010F.'' No Confidential Business Information
(CBI) should be submitted through e-mail. Electronic comments on this
document may be filed online at many Federal Depository Libraries.
Information submitted as a comment concerning this document may be
claimed confidential by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment that
does not contain CBI must be submitted for inclusion in the public
record. Information not marked confidential may be disclosed publicly
by EPA without prior notice. All comments will be available for public
inspection in Rm. 1132 at the Virginia address given above from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Jim Roelofs, Policy and Special
Projects Staff, Office of Pesticide Programs, Environmental Protection
Agency, Mail Code (7501C), 401 M St., SW., Washington, DC 20460,
Telephone: (703) 308-2964, e-mail: roelofs.jim@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
In the Federal Register of August 12, 1996 (61 FR 41764) (FRL-5388-
1), EPA announced the reopening of the comment period to a proposed
rule published in the Federal Register of September 24, 1992 (57 FR
44290), which defined the specifics of reporting requirements under
section 6(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA). Comments were limited to the sole issue of the costs or
burdens associated with the proposed rule and the latest draft of the
final rule.
On August 29, 1996, a number of industry trade associations
formally petitioned the Agency to extend the comment period for 60
days, and to initiate a broader reopening of the rulemaking record to
take comment on a number of provisions in the June 14, 1996 ``draft
final'' version of the rule. In addition to specific provisions, the
petitioners seem to argue that this broader reopening is necessary in
order to allow commenters to address the value and legality of the
requested information in addition to the burden associated with the
information. The Agency believes that all the information covered by
the draft final rule is information contained within the broad scope of
section 6(a)(2). The Agency does not believe that a notice and comment
opportunity is necessary or would be particularly helpful to resolve
this legal issue. Similarly, the Agency does not believe that a notice
and comment opportunity is either legally mandated or would be
particularly helpful in assisting the Agency to assess the regulatory
utility of the information covered in the draft final rule. Finally,
the petitioners assert that specific provisions of the June 14 ``draft
final'' rule which differ from provisions of the 1992 proposed rule
were wholly unanticipated and did not arise from comments received on
the proposed rule. The Agency does not agree; the specific provisions
noted by the petitioners arose from the Agency's interpretation of and
response to comments received, including, in some instances, comments
from the petitioners themselves. While the Agency appreciates the
concerns of the petitioners and has no interest in the imposition of
unnecessary or undue reporting burdens on pesticide registrants, EPA
continues to believe that a reopening of the record limited to
information concerning the nature of the burden associated with the
draft final reporting requirements is both legally sufficient and the
best way of providing interested parties with an opportunity to provide
information to the Agency that could be helpful in concluding this
rulemaking.
The Agency is therefore denying the petition request to reopen the
record to include issues other than that of the burden associated with
the reporting requirements. The Agency believes an additional period of
30 days is appropriate and sufficient to give petitioners added
opportunity to comment on burden issues.
List of Subjects in Part 153 and 159
Environmental protection, Information collection requests,
Pesticides and pests, Reporting and recordkeeping requirements.
Dated: September 12, 1996.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 96-24201 Filed 9-19-96; 8:45 am]
BILLING CODE 6560-50-F
