41192 Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations

with oxytetracycline in a common

liquid feed supplement. Melengestrol

acetate as provided by 000009,

oxytetracycline by 000069, in

§ 510.600(c) of this chapter.

3. Section 558.450 is amended by

adding paragraph (d)(3)(iii) to read as

follows:

§ 558.450 Oxytetracycline.

* * * * *

(d) * * *

(3) * * *

(iii) Melengestrol acetate as in

§ 558.342.

Dated: June 30, 1998.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 98–20535 Filed 7–31–98; 8:45 am]

BILLING CODE 4160–01–F

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.

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.Kate@epamail.epa.gov.

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:

Category Examples of regulated entities

Industry ..................... Pesticide producers.

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 § 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
Federal Register / Vol. 63, No. 148 / Monday, August 3, 1998 /Rules and Regulations 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:

§ 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:

* * * * *

[FR Doc. 98–20615 Filed 7–31–98; 8:45 am]

BILLING CODE 6560–50–F

LEGAL SERVICES CORPORATION

45 CFR Part 1602

Procedures for Disclosure of

Information Under the Freedom of

Information Act

AGENCY: Legal Services Corporation.

ACTION: Final rule.

SUMMARY: This final rule substantially

revises the Legal Services Corporation’s

(LSC or Corporation) regulation on the

disclosure of information under the

Freedom of Information Act. This

revised rule implements the 1996

amendments to the FOIA regarding

electronic records, time limits, and

standards for processing requests for

records. In addition, the rule is

restructured for clarity, titles are revised

to better identify the purpose of the

sections, and revisions are made to

incorporate procedures for Office of

Inspector General records.

DATES: This final rule is effective

September 2, 1998.

FOR FURTHER INFORMATION CONTACT:

Suzanne B. Glasow, 202–336–8817.

SUPPLEMENTARY INFORMATION: The Legal

Services Corporation revised and

published its Freedom of Information

Act (FOIA) rule as final in 1993,

principally to include the Office of

Inspector General (OIG) in the FOIA

process. However, the rule was

withdrawn before it became effective. In

1996, Congress amended the FOIA. See

‘‘Electronic Freedom of Information Act

Amendments of 1996.’’ Pub. L. 104–231.

The Office of Information and Privacy of

the Department of Justice has issued a

final rule and guidances on the 1996

amendments, which LSC has relied on

for many of this rule’s revisions. See 63

FR 29591 (June 1, 1998). Generally, the

1996 amendments deal with electronic

records, but changes were also made to

time limits and to procedures and

standards for processing requests. On

February 6, 1998, the Corporation’s

Operations and Regulations Committee

(Committee) of the Corporation’s Board

of Directors (Board) met to consider a

draft proposed rule to revise 45 CFR

Part 1602, which sets out the

Corporation’s procedures for the

disclosure of information under the

FOIA. After making changes to the draft

rule, the Committee adopted a proposed

rule that was published in the Federal

Register on March 9, 1998. See 63 FR

11303 (March 9, 1998).

The Corporation received only one

comment on the proposed rule from the

Public Citizen Litigation Group (Public

Citizen), a nonprofit consumer advocacy

organization. Public Citizen disagreed

with the rule’s interpretation of a

provision in Sec. 552(a)(2) of FOIA

which requires agencies to make their

public reading room records created

after November 1, 1996, available

electronically. Section 1602.5 of the

proposed rule applied this requirement

only to records ‘‘created’’ by the

Corporation. Public Citizen argued that

the requirement should also apply to

records obtained by the Corporation

from outside sources, such as recipient

reports and grant applications. Public

Citizen was specifically concerned

about the new category of reading room

records included in the 1996 FOIA

amendments, that is, records released

pursuant to a request for records that the

Corporation determines are likely to

become the subject of subsequent

requests (subsequent request records).

See § 1602.8.

The Board did not agree and the final

rule continues to apply the electronic

record requirement only to records

‘‘created by the Corporation’’ after

November 1, 1996. This is consistent

with the interpretation of the Office of

Information and Privacy of the

Department of Justice (DOJ) and

applicable case law. The Office of

Information and Privacy, which

specializes in FOIA and the Privacy Act,

advised Federal agencies in 1997 that

records generated from outside the

agency ‘‘are not created by the agency

and should not be regarded as subject to