[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Proposed Rules]
[Pages 51723-51724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24910]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[OPP-30115A; FRL-6382-1]
RIN 2070-AD23


Pesticide Tolerance Processing Fees; Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; Reopening of comment period.

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SUMMARY: On June 9, 1999, EPA issued a proposed rule to revise and 
update its current tolerance processing fee regulation and provided 90 
days for public comment. The comment period would have ended September 
7, 1999. Due to the economic complexity of the proposal and the 
associated issues the Agency has decided to reopen the comment period 
for an additional 45-day period. In addition, the Agency is announcing 
in this notice the placement in the public docket for this proposed 
rule of two additional documents. It is EPA's hope that these documents 
will help the public better understand the calculations that went into 
deriving the proposed fees, and how the Agency percieves the waiver 
process working.

DATES: Comments on the proposed rule, identified by docket control 
number OPP-30115A, must be received on or before November 8, 1999.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I.C. of the ``SUPPLEMENTARY INFORMATION'' section. To 
ensure proper receipt by EPA, it is imperative that you identify docket 
control number OPP-30115A in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Carol Peterson, Office of Pesticide 
Programs, Environmental Protection Agency (7506), 401 M St., SW., 
Washington, DC 20460; telephone number: (703) 305-6598; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This notice may directly affect any person who might petition the 
Agency for new tolerances, hold a pesticide registration with existing 
tolerances, or anyone who is interested in obtaining or retaining a 
tolerance in the absence of a registration. This group can include

[[Page 51724]]

pesticide manufacturers or formulators, companies that manufacture 
inert ingredients, importers of food, grower groups, or any person who 
seeks a tolerance. Federal, State, local, territorial, or tribal 
government agencies that petition for, or hold, emergency exemption 
tolerances are exempt from this rule. The vast majority of potentially 
affected categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                           Examples of
                                                           Potentially
           Category               NAICS         SIC          Affected
                                                             Entities
------------------------------------------------------------------------
Chemical Industry............  32532, 115,   0286, 0287  Pesticide
                                       112                chemical
                                                          manufacturers,
                                                          formulators,
                                                          chemical
                                                          manufacturers
                                                          of inert
                                                          ingredients
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed could also be affected. The 
North American Industrial Classification System (NAICS) codes have been 
provided to assist you and others in determining whether or not this 
action affects certain entities. If you have any questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the FOR FURTHER INFORMATION CONTACT section.

B. How Can I Get Additional Information, Including Copies of this 
Document or Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document and various support documents from the EPA Internet Home Page 
at http://www.epa.gov/. On the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under 
``Federal Register-- Environmental Documents.'' You can go directly to 
the Federal Register listings http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-30115A. The official record 
consists of the documents specifically referenced in this action, and 
other information related to this action, including any information 
claimed as Confidential Business Information (CBI). This official 
record includes the documents that are physically located in the 
docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period is available for 
inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    As described in Unit I.C. of the June 9, 1999, Federal Register 
notice (64 FR 31039) (FRL-6028-2), you may submit comments through the 
mail, in person, or electronically. Please follow the instructions that 
are provided in the June 9, 1999, notice. To ensure proper receipt by 
EPA, it is imperative that you identify docket control number OPP-
30115A in the subject line on the first page of your response.

II. What Action is the Agency Taking?

    The Agency issued a proposed rule to revise its tolerance fees and 
solicited comments from the public. The background on the proposal can 
be found in the previous Federal Register Notice published on June 9, 
1999. The comment period is being reopened for an additional 45 days. 
The comment period will now end on November 8, 1999.
    In addition, due to numerous questions received relating to the 
proposed rule, the Agency has placed several additional documents in 
the public docket. The first document, entitled ``Supplemental 
Tables,'' contains easier to read tables than those contained in the 
Economic Analysis, along with a table of Full Time Equivalents (FTEs) 
for each division and a detail explanation of the derivation of the 
overhead factors. The second document, entitled ``DRAFT DOCUMENT: 
Pesticide Registration (PR) Notice 99-X'' outlines draft criteria for 
the submission of waiver requests that are based on economic hardship 
or public interest. Many people have expressed the need for this 
criteria to fully examine how the tolerance fee rule may affect them. 
Please do not submit comments on this Draft PR notice. Once the Agency 
has determined the course of the final tolerance fee rule, it will 
issue a Notice of Availability of the PR Notice and solicit comments at 
that time.

List of Subjects

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: September 7, 1999.
Marcia E. Mulkey,
Director, Office of Pesticide Programs, Office of Prevention, 
Pesticides and Toxic Substances.
[FR Doc. 99-24910 Filed 9-23-99; 8:45 am]
BILLING CODE 6560-50-F