[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR155.32]



[Page 54-55]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 155_REGISTRATION STANDARDS--Table of Contents

 

         Subpart B_Docketing and Public Participation Procedures

 

Sec.  155.32  Public docket.



    (a) When created. (1) A docket will be created for each Registration 

Standard under development when the Agency begins review of data for the 

Registration Standard or upon publication of the notice described in 

Sec.  155.25 setting out the list and sequence of Registration 

Standards, whichever is earlier. The Agency will announce in its annual 

schedule notice the dockets that are available for Registration 

Standards under development.

    (2) If the Agency notifies registrants privately in accordance with 

40 CFR 154.21 that one or more risk criteria set forth in 40 CFR 154.7 

(leading to a special review) may have been exceeded, that notification 

and any subsequent communications concerning that notification will be 

placed in a separate docket pertaining to possible special review in 

accordance with the provisions of Sec.  154.15.

    (b) Contents of docket. The docket will contain, within the time 

frames indicated, all of the following documents and information (except 

that information claimed to be confidential business information will 

not be included):

    (1) An index of its contents (refer to paragraph (c) of this 

section).

    (2) A copy of each comment received in response to the notice 

described in Sec.  155.25 that pertains to a pesticide for which the 

notice indicated a Registration Standard was under development (within 

10 working days after receipt by the Agency, or 15 working days if the 

submitter has asserted a confidential business information claim 

concerning the material).

    (3) A copy of each memorandum of a meeting between the Agency and 

persons or parties outside of government, prepared in accordance with 

Sec.  155.30(d) (within 10 working days after the meeting).

    (4) A copy of each document, comment, item of correspondence or 

other written material concerning the Registration Standard submitted to 

the Agency by any person or party outside of government, whether in a 

meeting or separately (within 10 working days after receipt, or 15 

working days if the submitter has asserted a confidential business 

information claim concerning the material).

    (5) A copy of each document, proposal, or other item of written 

material concerning the Registration Standard provided by the Agency to 

any person or party outside of government (within 15 working days after 

the item is made available to such person or party).

    (6) A copy of the Registration Standard;

    (7) With respect to a Registration Standard for which the Agency has 

determined that a substantially complete chronic health and teratology 

data base exists, a copy of the Federal Register notice concerning 

availability of a proposed Registration Standard, and



[[Page 55]]



a copy of each comment received in response to that notice (within 10 

working days after receipt by the Agency, or 15 working days if the 

submitter has asserted a confidential business information claim 

concerning the material).

    (8) A copy of the Federal Register notice announcing the issuance of 

the Registration Standard (within 10 working days after the publication 

of the notice).

    (c) Index of the docket. The Agency will establish and keep current 

an index to the docket for each Registration Standard. The index will 

include, but is not limited to:

    (1) A list of each meeting between the Agency and any person or 

party outside of government, containing the date and subject of the 

meeting, the names of participants and the name of the person requesting 

the meeting.

    (2) A list of each document in the docket by title, source or 

recipient(s), and the date the document was received or provided by the 

Agency.

    (d) Availability of docket and indices. (1) The Agency will make 

available to the public for inspection and copying the docket and index 

for any Registration Standard.

    (2) The Agency will establish and maintain a mailing list of persons 

who have specifically requested that they receive indices for 

Registration Standard dockets. On a quarterly basis, EPA will distribute 

the indices of new materials placed in the public docket to these 

persons. Annually, EPA will require that persons on the list renew their 

requests for inclusion on the list.

    (3) The Agency will issue annually in the Federal Register (in 

conjunction with the annual schedule notice specified in Sec.  155.25) a 

notice announcing the availability of docket indices.

    (4) Each Federal Register notice of availability of a Registration 

Standard will announce the availability of the docket index for that 

Standard.