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[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Notices]               
[Page 9593-9596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr10-43]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8812-7]

 
Agency Information Collection Activities; Proposed Renewal of 
Several Currently Approved Collections; Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), 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 specifically 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.

DATES: Comments must be received on or before May 3, 2010.

ADDRESSES: Submit your comments, identified by the docket 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 on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to the docket ID number for the 
corresponding ICR as identified in this document. EPA's policy is that 
all comments received will be included in the docket without change and 
may be made available on-line at http://www.regulations.gov, including 
any personal information provided, unless the comment includes 
information claimed to be Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through regulations.gov or e-mail. The regulations.gov website is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the docket and made available on the Internet. If you submit 
an electronic comment, EPA recommends that you include your name and 
other contact information in the body of your comment and with any disk 
or CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the docket are listed in the docket index 
available in http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Lily Negash, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-8515; fax number:

[[Page 9594]]

(703) 305-5884; e-mail address: negash.lily@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, 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. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
     7. Make sure to submit your comments by the deadline identified 
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

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 EPA's 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.
    Under PRA, 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. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements which have subsequently changed; train 
personnel to be able to respond to a collection of information; search 
data sources; complete and review the collection of information; and 
transmit or otherwise disclose the information.

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-2009-0883

    Title: Application for Experimental Use Permit (EUP) to Ship and 
Use a Pesticide for Experimental Purposes Only.
    ICR numbers: EPA ICR No. 0276.14, OMB Control No. 2070-0040.
    ICR status: The approval for this ICR is scheduled to expire on 
November 30, 2010.
    Affected entities: Entities potentially affected by this ICR 
include individuals or entities engaged in pesticide, fertilizer, and 
other agricultural chemical manufacturing (North American Industrial 
Classification System (NAICS) code 325300).
    Abstract: This information collection provides EPA with the data 
necessary to determine whether to issue an EUP under section 5 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. FIFRA requires that before a pesticide product may be 
distributed or sold in the United States it must be registered by EPA. 
However, section 5 authorizes EPA to issue EUPs which allow pesticide 
companies to temporarily ship pesticide products for experimental use 
for the purpose of gathering data necessary to support the application 
for registration of a pesticide product. In general, EUPs are issued 
either for a pesticide not registered with the Agency or for a 
registered pesticide for a use not registered with the Agency.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 10.1 
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:
    Estimated total number of potential respondents: 21.
    Frequency of response: As needed.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 212.1 hours.
    Estimated total annual costs: $12,917. This ICR does not involve 
any capital 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 545.4 hours in the total 
estimated respondent burden identified in the currently approved ICR. 
This decrease reflects the fewer number of EUPs being submitted to the 
Agency. This change is an adjustment.

B. Docket ID Number EPA-HQ-OPP-2009-0884

    Title: Recordkeeping Requirements for Certified Applicators Using 
1080 Collars for Livestock Protection.
    ICR numbers: EPA ICR No. 1249.09, OMB Control No. 2070-0074.
    ICR status: The approval for this ICR is scheduled to expire on 
November 30, 2010.
    Affected entities: Entities potentially affected by this action are 
businesses and other institutions participating in pesticide, 
fertilizer, and other agricultural chemical manufacturing

[[Page 9595]]

(NAICS code 325300), e.g., pesticide registrants whose products include 
1080 collars, government establishments primarily engaged in the 
regulation of agricultural marketing and commodities (NAICS code 
926140), and states implementing a 1080 collar monitoring program 
(NAICS code 99920).
    Abstract: This ICR affects four states (Montana, New Mexico, South 
Dakota, and Wyoming) that monitor the program plus one additional 
registrant. Applicators who are certified to apply livestock protection 
collars are required to keep records of: a) The number of collars 
attached on livestock; b) pasture(s) where collared livestock were 
placed; c) the dates of each attachment, inspection, and removal; d) 
the number and locations of livestock found with ruptured or punctured 
collars and the apparent cause of the damage; e) the number, dates, and 
approximate location of all collars lost; and f) the species, 
locations, and dates of all suspected poisonings of humans, domestic 
animals or non-target wild animals resulting from collar use.
    Applicators maintain records, and the registrants/lead agencies do 
monitoring studies and submit the reports. These records are monitored 
by either the: a) State lead agencies, b) EPA regional offices, or c) 
the registrants. EPA receives annual monitoring reports from 
registrants or state lead agencies.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated as follows: 
Average of 9 hours per response for registrant respondents, 40 hours 
per response for certified applicator respondents, and 77 hours per 
response for state agency respondents. The ICR, a copy of which is 
available in the docket, provides a detailed explanation of this 
estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 48.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 1,944 hours.
    Estimated total annual costs: $77,044.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall decrease of 9 hours in the total 
estimated respondent burden identified in the currently approved ICR. 
This change is due to a correction in the calculation of the total 
annual respondent burden hours.

C. Docket ID Number EPA-HQ-OPP-2009-0887

    Title: Compliance Requirement for Child-Resistant Packaging.
    ICR numbers: EPA ICR No. 0616.10, OMB Control No. 2070-0052.
    ICR status: The approval for this ICR is scheduled to expire on 
November 30, 2010.
    Affected entities: Entities potentially affected by this ICR 
include large and small entities engaged in manufacturing pesticide 
chemicals, wholesale merchandising of pesticide products, or pest 
management activities. The NAICS codes for respondents under this ICR 
include: Pesticide and other agricultural chemical manufacturing (NAICS 
code 325320), other chemical and allied products merchant wholesalers 
(NAICS code 424690), and exterminating and pest control services (NAICS 
code 561710).
    Abstract: This information collection program is designed to 
provide EPA with assurances that the packaging of pesticide products 
sold and distributed to the general public in the United States meets 
standards set forth by the Agency pursuant to FIFRA. Registrants must 
certify to the Agency that the packaging or device meets these 
standards. Section 25(c)(3) of FIFRA authorizes EPA to establish 
standards for packaging of pesticide products and pesticidal devices to 
protect children and adults from serious illness or injury resulting 
from accidental ingestion or contact. The law requires that these 
standards are designed to be consistent with those under the Poison 
Prevention Packaging Act, administered by the Consumer Product Safety 
Commission (CPSC). Unless a pesticide product qualifies for an 
exemption, if the product meets certain criteria regarding toxicity and 
use, it must be sold and distributed in child-resistant packaging. 
Compliance regulations are contained in 40 CFR part 157. There are no 
forms associated with this information collection activity, and 
submission of confidential information is not required as a part of 
this information collection.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 4.04 
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:
    Estimated total number of potential respondents: 1,733.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
One per certification of compliance.
    Estimated total annual burden hours: 4,524 hours.
    Estimated total annual costs: $240,660.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall increase of 1,051 hours in the total 
estimated respondent burden identified in the currently approved ICR. 
This increase reflects EPA's expectation of an increase in the number 
of responses driven by an influx of child-resistant packaging (CRP) 
submissions associated with the full implementation of the registration 
review program. In addition, the exclusive use period for certain 
pesticide chemicals is expiring. Registrants with products using these 
chemicals will now be required to provide their own CRP test data, 
which will have to be reviewed for human safety/health risk concerns. 
The total burden hours per response for compliance with the CRP 
requirements decreased from 4.94 hours to 4.04 hours. The average 
burden estimate for each response type has not changed. However, the 
distribution of responses has changed, resulting in a net shift from 
more burdensome to less burdensome type responses. This change is an 
adjustment.

D. Docket ID Number EPA-HQ-OPP-2010-0049

    Title: Pesticide Product Registration Maintenance Fee.
    ICR numbers: EPA ICR No. 1214.08, OMB Control No. 2070-0100.
    ICR status: The approval for this ICR is scheduled to expire on 
November 30, 2010.
    Affected entities: Entities potentially affected by this ICR 
include pesticide companies and state governments. The NAICS codes for 
respondents under this ICR include: Pesticide and other agricultural 
chemical manufacturing (NAICS code 325320) and regulation of 
agricultural marketing and commodities (NAICS code 9641).
    Abstract: This information collection provides a practical means of 
communication between the registrants and EPA's Office of Pesticide 
Programs (OPP) to collect registration maintenance fees from pesticide 
registrants as required by law. Respondents complete and submit EPA 
Form 8570-30 indicating the respondent's liability for the registration 
maintenance fee.
    The first registration maintenance fee filing form was sent to 
approximately 5,000 pesticide registrant firms in 1989. Since then, the 
number of respondents has slowly declined from approximately 2,800 
firms in 1990 to 2,500 in 1991, 2,350 in 1992, 2,250 in 1993, and 2,200 
in 1994. Since 1994, the number of registrants to which these forms are 
sent has declined steadily to a total of 1,720

[[Page 9596]]

in January 2009. Each affected firm is required to complete the filing 
for and submit their fee payment by January 15 of each year.
    Annually, the Agency provides registrants a list of the registered 
products currently registered with the Agency. Registrants are provided 
the opportunity to review the list, determine its accuracy, and remit 
payment of the maintenance fee. The list of products has space 
identified for marking those products to be supported and those 
products that are to be canceled. The registrants are also instructed 
to identify any products on the list which they believe to be 
transferred to another company, and to add to the list any products 
which the company believes to be registered that are not on the Agency-
provided list. The failure to pay the required fee for a product will 
result in cancellation of that product's registration.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.96 
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:
    Estimated total number of potential respondents: 1,720.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 1,645 hours.
    Estimated total annual costs: $129,088.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall increase of $3,288 in the total 
estimated respondent cost identified in the currently approved ICR. 
This change of increase in cost is merely because of the labor cost 
increase since the last renewal.

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 notice 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: February 23, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 2010-4321 Filed 3-2-10; 8:45 am]
BILLING CODE 6560-50-S
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