```

[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Notices]
[Pages 57908-57910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21703]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0109, FRL-7820-8]

Agency Information Collection Activities; Submission to OMB; 
Comment Request; EPA ICR No. 1911.02; OMB Control No. 2070-0164; Data 
Acquisition for Anticipated Residue and Percent of Crop Treated

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that the following 
Information Collection Request (ICR)

[[Page 57909]]

has been forwarded to the Office of Management and Budget (OMB) for 
review and approval: Data Acquisition for Anticipated Residue and 
Percent of Crop Treated; EPA ICR No. 1911.02; OMB Control No. 2070-
0164. This is a request to renew an existing approved collection that 
is currently scheduled to expire on September 30, 2004. Under OMB 
regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB. The 
ICR, which is abstracted below, describes the nature of the information 
collection activity and its expected burden and costs.

DATES: Additional comments may be submitted on or before October 28, 
2004.

FOR FURTHER INFORMATION CONTACT: Nathanael R. Martin, Field and 
External Affairs Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-6475; fax number: 
(703) 305-5884; e-mail address: [email protected].

ADDRESSES: Submit your comments, referencing docket ID number OPP-2004-
0109 to: (1) EPA online using EDOCKET (our preferred method), by e-mail 
to [email protected], or by mail to: Public Information and Records 
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Mailcode: 7502C, 1200 Pennsylvania 
Ave., NW., Washington, DC, 20460; and (2) OMB at: Office of Information 
and Regulatory Affairs, Office of Management and Budget (OMB), 
Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 
20503.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. The Federal Register document, required under 5 CFR 1320.8(d), 
soliciting comments on this collection of information published on May 
5, 2004 (69 FR 25079). EPA received no comments on this ICR during that 
60-day comment period.
    EPA has established a public docket for this ICR under Docket ID 
No. OPP-2004-0109 which is available for public viewing at the Public 
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 
2, 1801 Bell St., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805. An electronic 
version of the public docket is available through EDOCKET at http://www.epa.gov/edocket. Use EDOCKET to submit or view public comments, 
access the index listing of the contents of the public docket, and to 
access those documents in the public docket that are available 
electronically. Once in the system, select ``search,'' then key in the 
docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice.Please note, EPA's policy is that public 
comments, whether submitted electronically or on paper, will be made 
available for public viewing in EDOCKET as EPA receives them and 
without change, unless the comment contains copyrighted material, CBI, 
or other information whose public disclosure is restricted by statute. 
When EPA identifies a comment containing copyrighted material, EPA will 
provide a reference to that material in the version of the comment that 
is placed in EDOCKET. The entire printed comment, including the 
copyrighted material, will be available in the public docket. Although 
identified as an item in the official docket, information claimed as 
CBI, or whose disclosure is otherwise restricted by statute, is not 
included in the official public docket, and will not be available for 
public viewing in EDOCKET. For further information about the electronic 
docket, see EPA's Federal Register notice describing the electronic 
docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov/edocket.
    ICR Title: Data Acquisition for Anticipated Residue and Percent of 
Crop Treated.
    ICR Numbers: EPA ICR No. 1911.02; OMB Control No. 2070-0164.
    ICR Status: EPA is asking OMB to extend the existing approval of 
this ICR for three years. Under 5 CFR 1320.12(b)(2), the Agency may 
continue to conduct or sponsor the collection of information while the 
submission is pending at OMB.
    Abstract: This ICR will enable EPA's Office of Pesticide Programs 
(OPP) to obtain information needed to re-evaluate the Agency's original 
tolerance decisions as mandated by the Food Quality Protection Act of 
1996 (FQPA), which amended the two primary statutes regulating 
pesticides, i.e., the Federal Food, Drug, and Cosmetic Act (FFDCA) and 
the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). Among 
other things, FQPA amended FFDCA to authorize the Agency to use 
anticipated or actual residue (ARs) data and percent crop treated (PCT) 
data to establish, modify, maintain, or revoke a tolerance for a 
pesticide residue. The new law also requires that tolerance decisions 
based on ARs or PCT data be verified to ensure that residues in or on 
food are not above the residue levels relied on for establishing the 
tolerance.
    In order to conduct the required re-evaluation, a Pesticide 
Registrant may be required to submit specific data necessary to 
demonstrate that residues do not exceed the residue levels used to 
establish the tolerance.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on 
the form and/or instrument, if applicable.
    Burden Statement: The total annual ``respondent'' burden for this 
ICR is estimated to be 28,569 hours. According to the Paperwork 
Reduction Act, ``burden'' means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. For this 
collection, it is the time reading the regulations, planning the 
necessary data collection activities, conducting tests, analyzing data, 
generating reports and completing other required paperwork, and 
storing, filing, and maintaining the data. The agency may not conduct 
or sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.
    The following is a summary of the burden estimates taken from the 
ICR:
    Respondents/affected entities: Businesses engaged in the 
manufacture of pesticides who file a petition asking the Agency to take 
a specific tolerance action.
    Estimated total number of potential respondents: 16.
    Frequency of response: On occasion, i.e., once five years after 
initial tolerance is established.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 28,569.
    Estimated total annual costs: $2,524,938, includes $0 annualized 
capital or O&M costs.
    Changes in the ICR Since the Last Approval: The total annual 
respondent burden estimate for this ICR has decreased 1,238 hours, from 
29,807 to 28,569, and the total respondent cost has decreased $248,928, 
from $2,773,866 to $2,594,938. These reductions are adjustments due to 
the

[[Page 57910]]

fact that the Agency expects to issue fewer data call-ins under this 
program than originally estimated.

    Dated: September 21, 2004.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 04-21703 Filed 9-27-04; 8:45 am]
BILLING CODE 6560-50-P
```