Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices 69821 

EPA infrastructure IT service providers 

(e.g. VoIP, PBX, switches, routers, hubs, 

Wireless LANs, network wiring, mobile 

telephone services, landline telephones, 

audio/video equipment and services). In 

accordance with 40 CFR 2.306(j), EPA 

has determined that under EPA contract 

number GS–35F–0601K, Order Number 

EP–G12H–00442, ECS and its identified 

subcontractors will require access to CBI 

submitted to EPA under all sections of 

TSCA to perform successfully the duties 

specified under the contract. ECS and 

its identified subcontractors’ personnel 

will be given access to information 

submitted to EPA under all sections of 

TSCA. Some of the information may be 

claimed or determined to be CBI. 

EPA is issuing this notice to inform 

all submitters of information under all 

sections of TSCA that EPA may provide 

ECS and its identified subcontractors 

access to these CBI materials on a needto-know basis only. All access to TSCA 

CBI under this contract will take place 

at EPA Headquarters and the Research 

Triangle Park facilities in accordance 

with EPA’s TSCA CBI Protection 

Manual. 

Access to TSCA data, including CBI, 

will continue until September 30, 2016. 

If the contract is extended, this access 

will also continue for the duration of the 

extended contract without further 

notice. 

ECS and its identified subcontractors’ 

personnel will be required to sign 

nondisclosure agreements and will be 

briefed on appropriate security 

procedures before they are permitted 

access to TSCA CBI. 

List of Subjects 

Environmental protection, 

Confidential business information. 

Dated: November 14, 2012. 

Matthew G. Leopard, 

Director, Information Management Division, 

Office of Pollution Prevention and Toxics. 

[FR Doc. 2012–28096 Filed 11–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9365–2] 

Agency Information Collection 

Activities; Proposed Renewal of 

Several Currently Approved 

Collections; Comment Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

document announces that EPA is 

planning to submit requests to renew 

several currently approved Information 

Collection Request (ICR) to the Office of 

Management and Budget (OMB). The 

ICRs are identified in this document by 

their corresponding titles, EPA ICR 

numbers, OMB Control numbers, and 

related docket identification (ID) 

numbers. Before submitting these ICRs 

to OMB for review and approval, EPA 

is soliciting comments on specific 

aspects of the information collection 

activities that are summarized in this 

document. The ICRs and accompanying 

material are available for public review 

and comment in the relevant dockets 

identified in this document for the ICR. 

DATES: Comments must be received on 

or before January 22, 2013. 

ADDRESSES: Submit your comments, 

identified by the docket identification 

(ID) number for the corresponding ICR 

as identified in this document, by one 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.htm. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Scott Drewes, Field and External Affairs 

(7506P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–0107; fax number: (703) 308– 

5884; email address: 

drewes.scott@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What information is EPA particularly 

interested in? 

Pursuant to PRA section 3506(c)(2)(A) 

(44 U.S.C. 3506(c)(2)(A)), EPA 

specifically solicits comments and 

information to enable it to: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility. 

2. Evaluate the accuracy of the 

Agency’s estimates of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used. 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected. 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

II. What should I consider when I 

prepare my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Submit your comments by the 

deadline identified under DATES. 

6. Identify the docket ID number 

assigned to the ICR action in the subject 

line on the first page of your response. 

You may also provide the ICR title and 

related EPA and OMB numbers. 

III. What do I need to know about PRA? 

An Agency may not conduct or 

sponsor and a person is not required to 

respond to a collection of information 

subject to PRA approval unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

the EPA regulations in title 40 of the 

Code of Federal Regulations (CFR), after 

appearing in the preamble of the final 

rule, are further displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instruments or 

form, if applicable. The display of OMB 

control numbers for certain EPA 

regulations is consolidated in a list at 40 

CFR 9.1. 

As used in the PRA context, burden 

is defined in 5 CFR 1320.3(b). 


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69822 Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices 

IV. Which ICRs are being renewed? 

EPA is planning to submit a number 

of currently approved ICRs to OMB for 

review and approval under PRA. In 

addition to specifically identifying the 

ICRs by title and corresponding ICR, 

OMB and docket ID numbers, this unit 

provides a brief summary of the 

information collection activity and the 

Agency’s estimated burden. The 

Supporting Statement for each ICR, a 

copy of which is available in the 

corresponding docket, provides a more 

detailed explanation. 

A. Docket ID Number EPA–HQ–OPP– 

2012–0544 

Title: Notice of Supplemental 

Distribution of a Registered Pesticide 

Product. 

ICR number: EPA ICR No. 0278.11. 

OMB control number: OMB Control 

No. 2070–0044. 

ICR status: The approval for this ICR 

is scheduled to expire on July 31, 2013. 

Abstract: This information collection 

activity provides EPA with notification 

of supplemental registration of 

distributors of pesticide products. EPA 

is responsible for the regulation of 

pesticides as mandated by the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), as amended. Section 3(e) 

of FIFRA (see 7 U.S.C. 136a(e)), allows 

pesticide registrants to distribute or sell 

a registered pesticide product under a 

different name instead of or in addition 

to the name under the original 

registration. Such distribution and sale 

is termed ‘‘supplemental distribution’’ 

and the product is termed a ‘‘distributor 

product.’’ EPA requires the pesticide 

registrant to submit a supplemental 

statement (EPA Form 8570–5, Notice of 

Supplemental Distribution of a 

Registered Pesticide Product) when the 

registrant has entered into an agreement 

with a second company that will 

distribute the registrant’s product under 

the second company’s name and 

product name. 

Burden statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 0.32 hours per 

response. The ICR, a copy of which is 

available in the docket, provides a 

detailed explanation of this estimate, 

which is only briefly summarized here: 

Respondents/Affected entities: 

Entities potentially affected by this ICR 

include those identified in the North 

American Industrial Classification 

System (NAICS) code 325320 as 

businesses participating in this program 

as pesticide and other agricultural 

chemical manufacturing. 

Estimated total number of potential 

respondents: 1,451. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

387 hours. 

Estimated total annual costs: $34,505. 

This includes an estimated burden cost 

of $34,505 and an estimated cost of $0 

for non-burden hour paperwork costs, 

e.g., investment or maintenance and 

operational costs. 

Changes in the estimates from the last 

approval: The renewal of this ICR will 

result in an overall decrease of 68 hours 

in the total estimated respondent 

burden identified in the currently 

approved ICR. This decrease reflects the 

decrease in the number of applications 

the Agency expects to receive in the 

next 3 years. This change is an 

adjustment. 

B. Docket ID Number EPA–HQ–OPP– 

2012–0737 

Title: Standards for Pesticide 

Containers and Containment. 

ICR number: EPA ICR No. 1632.04. 

OMB control number: OMB Control 

No. 2070–0133. 

ICR status: The approval for this ICR 

is scheduled to expire on July 31, 2013. 

Abstract: This information collection 

request covers the information 

collection activities associated with the 

container design and residue removal 

requirements and containment structure 

requirements. With respect to the 

container design and residue removal 

requirements, the information collection 

activities are associated with the 

requirement that businesses subject to 

the container regulations (pesticide 

registrants) and repackaging regulations 

(pesticide registrants and refillers) 

maintain records of test data, cleaning 

procedures, certain data when a 

container is refilled, and other 

supporting information. These records 

are subject to both call-in by EPA and 

on-site inspection by EPA and its 

representatives. EPA has not established 

a regular schedule for the collection of 

these records, and there is no reporting. 

With respect to the containment 

structure requirements, the information 

collection activities are associated with 

the requirement that businesses subject 

to the containment structure regulations 

maintain records of the: (1) Monthly 

inspection and maintenance of each 

containment structure and all stationary 

bulk containers; (2) duration over which 

non-stationary bulk containers holding 

pesticide and not protected by a 

secondary containment unit remain at 

the same location; and (3) construction 

date of the containment structure. 

The businesses subject to the 

containment structure regulations 

include agrichemical retailers and 

refilling establishments, custom 

blenders, and commercial applicators of 

agricultural pesticides. The records have 

to be maintained by the owners and 

operators of such businesses. There is 

no regular schedule for the collection of 

either of these records, nor does EPA 

anticipate a call-in of records at some 

future date. Instead, the records would 

be available to inspectors to ensure that 

businesses are in compliance with 

containment requirements. These 

inspections are generally conducted by 

the states, which enforce FIFRA 

regulations through cooperative 

agreements with EPA. 

Burden statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average from 2 to 7.5 hours 

per response. The ICR, a copy of which 

is available in the docket, provides a 

detailed explanation of this estimate, 

which is only briefly summarized here: 

Respondents/Affected entities: 

Entities potentially affected by this ICR 

include pesticide registrants and 

businesses which formulate pesticide 

products or pesticide formulation 

intermediates (NAICS code 325320), 

farm supply wholesalers (NAICS code 

422910), swimming pool applicators 

(classified under NAICS codes 561790, 

453998, and 235990), and agricultural 

(aerial and ground) commercial 

applicators (classified under NAICS 

code 115112). 

Estimated total number of potential 

respondents: 23,586. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

169,660 hours. 

Estimated total annual costs: 

$6,248,079. This includes an estimated 

burden cost of $5,561,578 for container 

regulations and an estimated cost of 

$686,501 for containment regulations. 

Changes in the estimates from the last 

approval: The renewal of this ICR will 

result in an overall decrease of 4,890.5 

hours in the total estimated respondent 

burden identified in the currently 

approved ICR. This decrease reflects 

three revisions to the estimated annual 

burden. First, EPA received very few 

waiver requests for complying with the 

non-refillable container regulations, so 

the estimated rate of registrants 

requesting waivers decreased from 5% 

to 1%. The decrease in waiver requests 

resulted in a corresponding decrease in 

the associated burden. Second, since 

registrant repackaging activities are 

similar to the repackaging activities 

conducted by refillers and swimming 

pool supply companies, EPA increased 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Notices 69823 

the average annual burden per registrant 

respondent from 1 hour to 7.5 hours per 

respondent to be consistent with the 

average burden per refiller or swimming 

pool supply company. Third, for entities 

subject to the containment 

requirements, some activities in the 

previous ICR were completed by the 

compliance date of August 16, 2009. 

This ICR is focusing only on the ongoing 

annual information collection activities 

for the containment requirements, 

resulting in a corresponding decrease in 

the estimated annual burden per 

respondent from the previous ICR. This 

change is an adjustment. 

C. Docket ID Number EPA–HQ–OPP– 

2012–0744 

Title: Tolerance Petitions for 

Pesticides on Food/Feed Crops and New 

Inert Ingredients. 

ICR number: EPA ICR No. 0597.11. 

OMB control number: OMB Control 

No. 2070–0024. 

ICR status: The approval for this ICR 

is scheduled to expire on July 31, 2013. 

Abstract: The use of pesticides to 

increase crop production often results in 

pesticide residues in or on the crop. To 

protect the public health from unsafe 

pesticide residues, EPA sets limits on 

the nature and level of residues 

permitted pursuant to section 408 of the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). A pesticide may not be used 

on food or feed crops unless the Agency 

has established a tolerance (maximum 

residue limit) for the pesticide residues 

on that crop or established an 

exemption from the requirement to have 

a tolerance. 

Under the law, EPA is responsible for 

ensuring that the maximum residue 

levels likely to be found in or on food/ 

feed are safe for human consumption 

through a careful review and evaluation 

of residue chemistry and toxicology 

data. In addition, EPA must ensure that 

adequate enforcement of the tolerance 

can be achieved through the testing of 

submitted analytical methods. If the 

data are adequate for EPA to determine 

that there is a reasonable certainty that 

no harm will result from aggregate 

exposure, the Agency will establish the 

tolerance or grant an exemption from 

the requirement of a tolerance. 

This ICR only applies to the 

information collection activities 

associated with the submission of a 

petition for a tolerance action. While 

EPA is authorized to set pesticide 

tolerances, the Food and Drug 

Administration (FDA) is responsible for 

their enforcement. Food or feed 

commodities found to contain pesticide 

residues in excess of established 

tolerances are considered adulterated, 

and are subject to seizure by FDA, and 

may result in civil penalties. 

Trade secret or CBI is frequently 

submitted to EPA in support of a 

tolerance petition because submissions 

usually include the manufacturing 

process, product formulation, and 

supporting data. When such information 

is provided to the Agency, the 

information is protected from disclosure 

under FIFRA section 10. CBI data 

submitted to the EPA is handled strictly 

in accordance with the provisions of the 

FIFRA Confidential Business 

Information Security Manual. 

Burden statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average from 1,726 hours 

for each petitioner response and 1,739 

hours for each IR–4 response. The ICR, 

a copy of which is available in the 

docket, provides a detailed explanation 

of this estimate, which is only briefly 

summarized here: 

Respondents/Affected entities: 

Entities potentially affected by this ICR 

include anyone who files a petition 

asking EPA to take a specific tolerance 

action. While any entity can file a 

petition with EPA, petitions typically 

come from those businesses engaged in 

the manufacturing of pesticides and the 

Interregional Research Project No. 4 (IR– 

4). The NAICS codes for the most 

frequent type of respondent are 325320 

(pesticide and other agricultural 

chemical manufacturing) and 541600 

(management, scientific, and technical 

consulting services). 

Estimated total number of potential 

respondents: 137. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

236,800 hours. 

Estimated total annual costs: 

$21,280,921. This is the estimated 

burden cost; there is no cost for capital 

investment or maintenance and 

operational costs in this information 

collection. 

Changes in the estimates from the last 

approval: The renewal of this ICR will 

result in an overall increase of 58,515 

hours in the total estimated respondent 

burden identified in the currently 

approved ICR. This increase reflects 

EPA’s updating of burden estimate to 

account for an increase from 103 to 137 

in the estimated average number of 

tolerance petitions submitted annually, 

which resulted in a change to the 

annual burden hours for respondents 

from 178,285 in the previous renewal to 

236,800 in the current renewal. This 

change is an adjustment. 

V. What is the next step in the process 

for these ICRs? 

EPA will consider the comments 

received and amend the individual ICRs 

as appropriate. The final ICR packages 

will then be submitted to OMB for 

review and approval pursuant to 5 CFR 

1320.12. EPA will issue another Federal 

Register document pursuant to 5 CFR 

1320.5(a)(1)(iv) to announce the 

submission of these ICRs to OMB and 

the opportunity for the public to submit 

additional comments for OMB 

consideration. If you have any questions 

about any of these ICRs or the approval 

process in general, please contact the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

List of Subjects 

Environmental protection, Reporting 

and recordkeeping requirements. 

Dated: November 15, 2012. 

James Jones, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

[FR Doc. 2012–28315 Filed 11–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2012–0631; FRL–9361–9] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

document announces that EPA is 

planning to submit a request for a new 

Information Collection Request (ICR) to 

the Office of Management and Budget 

(OMB). This ICR is entitled: ‘‘Pesticide 

Spray Drift Reduction Technologies,’’ 

and identified by EPA ICR No. 2472.01 

and OMB Control No. 2070–NEW. 

Before submitting the ICR to OMB for 

review and approval, EPA is soliciting 

comments on specific aspects of the 

proposed information collection that is 

summarized in this document. The ICR 

and accompanying material are 

available in the docket for public review 

and comment. 

DATES: Comments must be received on 

or before January 22, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0631 by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 


srobinson on DSK4SPTVN1PROD with