Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Processing fees,

[Federal Register: September 24, 1999 (Volume 64, Number 185)]

[Proposed Rules]

[Page 51723-51724]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr24se99-38]

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.

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: peterson.carol@epa.gov.

SUPPLEMENTARY INFORMATION:

1. General Information

   1. 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.

   2. 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.

   3. 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.

2. 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. 99-24910Filed9-23-99; 8:45 am]

   BILLING CODE 6560-50-F