[Federal Register Volume 63, Number 148 (Monday, August 3, 1998)]
[Rules and Regulations]
[Pages 41192-41193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20615]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 159

[OPP-60010K; FRL-6016-2]
RIN 2070-AB50


Pesticide Reporting Requirements for Risk/Benefit Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Deferral of compliance date; amendment to final rule.

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SUMMARY: EPA is amending its recent reporting requirements for risk/
benefit information for pesticides to defer the compliance date. EPA is 
taking this action because it recently published technical corrections 
to the final rule as well as detailed guidance on reporting procedures. 
EPA believes that registrants who are required to comply with the rule 
should have time to adjust their procedures and train personnel to 
comply with the rule, the corrections, and new guidance in their 
entirety. Registrants who wish to comply with the final rule 
immediately may do so after notifying the Agency.

DATES: Effective August 3, 1998. The complaince date for the final rule 
amending 40 CFR part 159, issued on September 19, 1997 at 62 FR 49388 
is deferred from June 16, 1998 until August 17, 1998.

FOR FURTHER INFORMATION CONTACT: By mail: Kathryn Bouve, Office of 
Pesticide Programs (7502C), U.S. Environmental Protection Agency, 401 M 
St., SW, Washington, DC 20460. Office location, telephone number, and 
e-mail address: Crystal Mall #2, Room 224, 1921 Jefferson Davis 
Highway, Arlington, VA 22202; (703) 305-5032; 
Bouve.K[email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Document Apply to You?

    You are affected by this action if you are a pesticide producer who 
is now or ever has been the registrant of a pesticide product. 
Regulated categories and entities may include, but is not limited to:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Industry..................................  Pesticide producers.        
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether you or your business is regulated by this 
action, you should carefully examine the applicability provisions in 
the rule at 40 CFR 159.152.

II. Background

    On September 19, 1997, EPA published in the Federal Register (62 FR 
9388 et seq.) (FRL-5739-1) new regulations governing the reporting by 
pesticide registrants of information under section 6(a)(2) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). That 
section requires registrants to report to EPA additional factual 
information in their possession related to whether a pesticide causes 
unreasonable adverse effects in the environment. Among other things, 
the new regulations provided registrants with detailed instructions on 
whether, when, and how to report information in the possession of the 
registrant or its agents. Until the new rule is effective, registrants 
are required to comply with Agency guidance issued in 1979 (44 FR 
40716, July 12, 1979).
    At the time the regulations were promulgated, the Agency was 
sensitive to the significant need for training and other implementation 
issues raised by the regulations. The Agency therefore established an 
effective date for the regulations of June 16, 1998. At the time the 
regulations were published, the Agency also announced its intention to 
provide assistance to registrants in implementing the regulations. In 
addition to providing speakers at seminars and conferences, the Agency 
commenced preparation of guidance documents to help explain to 
registrants their responsibilities under the new regulations.
    On April 3, 1998, the Agency issued Pesticide Registration (PR) 
Notice 98-3 which provided guidance to registrants on a broad range of 
issues. In addition, the Agency promulgated a direct final rule and 
technical corrections to the regulations, which were published on June 
19, 1998 in the Federal Register (63 FR 33580) (FRL-5792-2). The June 
1998 document corrects the definition of registrants which identifies 
the parties subject to the regulations, specifies time frames for 
reporting certain types of adverse effects information, and specifies 
information to be submitted to the Agency about reportable detections 
of pesticides in food, feed, and water.
    On June 10, 1998, seven pesticide trade associations requested that 
the effective date of the regulation be deferred for 120 days after 
issuance of the technical corrections and other guidance. The seven 
trade associations observed that the new regulations impose extensive 
new reporting obligations on pesticide registrants which must train 
numerous individuals to implement their compliance programs. Because of 
Agency delays in issuing all needed technical corrections and guidance, 
the trade associations believed that registrants did not have 
sufficient time to address all requirements before the effective date 
of the regulations.
    The Agency has considered the issues raised by the trade 
associations and has determined that, given the timing of the issuance 
of the guidance documents and the technical corrections, it would be 
appropriate to defer the compliance date of the regulations for an 
additional 60 days in order to allow registrants the opportunity to 
incorporate the material included in the guidance documents into their 
training and implementation programs in an orderly fashion. 
Accordingly, the Agency is hereby extending the adjustment period and 
changing the compliance date of the final rule published at 62 FR 
49388, September 19, 1997 from June 16, 1998, to August 17, 1998. EPA 
is also modifying Sec. 159.159 to reflect this new date.
    While EPA is deferring the compliance date for the new regulations 
for a brief period, EPA is also aware that some registrants may wish to 
comply with the new regulations immediately rather than continue to 
comply with the pre-existing requirements for another 2 months. Any 
registrant that wishes to comply with the new regulations immediately 
may do so provided that the registrant first informs the Agency in 
writing of its desire to be bound by the new regulations effective June 
16, 1998. Such notice should be submitted to Kathryn Bouve, the Agency 
contact person, at the address given above

[[Page 41193]]

under FOR FURTHER INFORMATION CONTACT.

III. Regulatory Assessment Requirements

    This action does not impose any new requirements. It only defers 
the effective date of a previously issued final rule. Any assessments 
necessary for the final rule are discussed in that final rule and are 
not affected by today's action. In fact, this action does not require 
review by the Office of Management and Budget under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993), the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., or 
Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). For the same reason, it does not require any action under Title 
II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), 
Executive Order 12875, entitled Enhancing the Intergovernmental 
Partnership (58 FR 58093, October 28, 1993), or Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994). 
In addition, since this type of action does not require any proposal, 
no action is needed under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.).

IV. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and the Comptroller General of the United 
States. EPA will submit a report containing this action and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the action in the Federal Register. This is a 
deferral of the compliance date of a rule, and is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 159

    Environmental protection, Pesticides and pests, Policy statements, 
Reporting and recordkeeping requirements.

    Dated: July 16, 1998.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, 40 CFR part 159 is amended as follows:

PART 159--[AMENDED]

    1. The authority citation for part 159 continues to read as 
follows:

    Authority: 7 U.S.C. 136-136y.

    2. Section 159.159 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec. 159.159  Information obtained before promulgation of the rule.

    (a) Notwithstanding any other provision of this part, information 
held by registrants on August 17, 1998 which has not been previously 
submitted to the Agency, but which is reportable under the terms of 
this part, must be submitted to the Agency if it meets any of the 
following criteria:
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[FR Doc. 98-20615 Filed 7-31-98; 8:45 am]
BILLING CODE 6560-50-F