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[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]               
[Page 8335-8338]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe10-73]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8808-1]

 
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 April 26, 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

[[Page 8336]]

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: For questions regarding EPA Docket ID 
Number EPA-HQ-OPP-2009-0885: Rame Cromwell, Field and External Affairs 
Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9068; fax number: (703) 305-5884; e-
mail address: cromwell.rame@epa.gov.
    For questions regarding EPA Docket ID Number EPA-HQ-OPP-2009-0886: 
Cameo Smoot, Field and External Affairs Division (7506P), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001; telephone number: (703) 305-5454; 
fax number: (703) 305-5884; e-mail address: smoot.cameo@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

[[Page 8337]]

copy of which is available in the corresponding docket, provides a more 
detailed explanation.

A. Docket ID Number EPA-HQ-OPP-2009-0885

    Title: Pesticide Registration Fee Waivers.
    ICR numbers: EPA ICR No. 2147.04, OMB Control No. 2070-0167.
    ICR status: The approval for this ICR is scheduled to expire on 
October 31, 2010.
    Affected entities: Entities potentially affected by this ICR 
include pesticide registrants seeking a waiver or exemption of fees 
under the Pesticide Registration Improvement Renewal Act (PRIA). The 
North American Industrial Classification System (NAICS) codes include 
325320 (pesticide and other agricultural chemical manufacturing), 32518 
(other basic inorganic chemical manufacturing), and 32519 (other basic 
organic chemical manufacturing).
    Abstract: This information collection will allow EPA to process 
requests for waivers and exemptions of fees under the Pesticide 
Registration Improvement Renewal Act of 2007 (PRIA 2) which established 
section 33 of the Federal Insecticide, Fungicide and Rodenticide Act 
(FIFRA). The ICR covers the collection activities associated with 
requesting a fee waiver or exemption and involves requesters submitting 
a waiver or exemption request to provide information to demonstrate 
eligibility for the waiver or exemption and certification of 
eligibility. Waivers are available for small businesses and minor uses 
and exemptions are available for minor uses and actions solely 
associated with the Inter-Regional Research Project Number 4 (IR-4). 
State and Federal agencies are exempt from the payment of fees. This 
ICR provides burden hour and labor cost estimates for both applicants 
for fee waivers and EPA employees who process and approve or deny 
waiver requests.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 12 to 
37 hours per response depending upon the type (A, B, or C) of 
respondent. 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 respondent requests: 1,800.
    Frequency of response: As needed.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 5,611 hours.
    Estimated total annual costs: $335,328.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall decrease of 2,757 hours in the total 
estimated respondent burden identified in the currently approved ICR. 
This decrease reflects a shift in both the number and type of waiver 
requests submitted. The average estimated burden per response has not 
changed. However, the total number of responses per year decreased from 
389 to 293. In addition, there was a shift in the distribution of 
responses to the least-burdensome type, resulting in the lower total 
estimated burden. This change is an adjustment.

B. Docket ID Number EPA-HQ-OPP-2009-0886

    Title: Submission of Unreasonable Adverse Effects Information under 
FIFRA Section 6(a)(2).
    ICR numbers: EPA ICR No. 1204.11, OMB Control No. 2070-0039.
    ICR status: The approval for this ICR is scheduled to expire on 
October 31, 2010.
    Affected entities: Entities potentially affected by this ICR 
include anyone who holds or ever held a registration for a pesticide 
product issued under FIFRA section 3 or section 24(c). The NAICS code 
is 325320 (pesticide and other agricultural chemical manufacturing).
    Abstract: This ICR is a proposed renewal of an existing ICR that is 
currently approved by OMB and is due to expire October 31, 2010. 
Section 6(a)(2) of FIFRA requires pesticide registrants to submit 
information to the Agency which may be relevant to the balancing of the 
risks and benefits of a pesticide product.
    The statute requires the registrant to submit any factual 
information that it acquires regarding adverse effects associated with 
its pesticidal products, and it is up to the Agency to determine 
whether or not that factual information constitutes an unreasonable 
adverse effect. In order to limit the amount of less meaningful 
information that might be submitted to the Agency, EPA has limited the 
scope of factual information that the registrant must submit. The 
Agency's regulations at 40 CFR 159 provide a detailed description of 
the reporting obligations of registrants under FIFRA section 6(a)(2).
    As expected, implementation of the 1998 final regulations (June 19, 
1998; 63 FR 33580) initially resulted in an increase in the number of 
incident reports submitted annually. That was assumed to be the result 
of increased awareness and understanding on the part of pesticide 
registrants of their reporting responsibilities under FIFRA section 
6(a)(2). After the first year under the regulations, incident reporting 
leveled off and has remained generally consistent. Study submissions, 
on the other hand, have gradually decreased as the pesticide re-
registration program data call-in activities wound down. For the 
purposes of this renewal the estimate for study and incident 
submissions have been averaged for the three fiscal years 2006-2008.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average a 
range of 2.1 hours to 3.5 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:
    Estimated total number of potential respondents: 1,733.
    Frequency of response: As needed.
    Estimated total average number of responses for each respondent: 
For submission of studies less than 1. Submission of incidents may 
range from 1 to 40, however, incidents are usually reported as 
aggregate statistics.
    Estimated total annual burden hours: 203,236 hours.
    Estimated total annual costs: $11,793,027.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall increase of 35,920 hours in the 
total estimated respondent burden identified in the currently approved 
ICR. Total burden hour estimates associated with studies are reduced 
because the estimated number of study submissions is reduced from 240 
to 183 studies. Burden estimates associated with the number of incident 
reports, however, are increased because of the increased volume of 
incident reporting (31%). In addition, an increase in the number of 
registrants of active products (1,733 versus 1,720) results in the need 
for additional employees to be trained. Overall, considering the net 
effect of the decrease in studies and the increase in incidents as well 
as the change in employee training, the total respondent burden hours 
increased from 167,316 to 203,236.

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

[[Page 8338]]

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 people listed under FOR 
FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.


    Dated: February 17, 2010.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.

[FR Doc. 2010-3694 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-S
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