[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: [email protected]. 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: [email protected].

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