8722 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

0155.05. OMB No. 2070-0029. Renewal.

Current expiration date: June 30, 1997.

Affected entities: Parties affected by

this information collection are pesticide

applicators who require certification to

apply restricted use pesticides, and

States, Indian tribes, and Federal

Agencies with EPA-approved

certification plans.

Abstract: The Federal Insecticide,

Fungicide, and Rodenticide Act allows

a pesticide to be classified as ‘‘restricted

use’’ if the pesticide meets certain

toxicity criteria. Restricted use

pesticides, because of their potential to

harm people or the environment, may

be applied only by a certified applicator

or someone under the direct supervision

of a certified applicator. In order to

become a certified applicator, a person

must meet certain standards of

competency. The primary mechanism

for certifying pesticide applicators is

State certification plans approved by

EPA. 40 CFR part 171 establishes the

criteria for State and EPA-administered

certification plans. In addition, these

regulations establish criteria for

certification plans from Federal agencies

or Indian tribes who wish to develop

their own programs in lieu of using

State certification programs.

The recordkeeping and reporting

requirements in these regulations allow

the Agency to ensure that restricted use

pesticides are used only by or under the

direct supervision of properly trained

and certified applicators, and to monitor

the application of restricted use

pesticides.

Burden Statement: Small entities are

affected by this information collection

activity as the regulations apply to

individuals who are certified

applicators. However, the records

required of pesticide applicators and

their employees are minimal and would

generally be kept for the applicator’s

own use even in the absence of this

regulation. The information is to be

retained for 2 years and is only made

available upon request by State or EPA

authorized officials. States supply

information through annual reports on

the status of certified applicators,

enforcement of restricted use pesticides,

and any significant changes in the plan.

The annual respondent burden for

this program is estimated to average 5

hours for pesticide dealer

recordkeeping, 3.5 hours for certified

applicator recordkeeping, 10 minutes

for completing applicator certification

forms, and 150 hours for State annual

reports, including time for: reviewing

instructions, gathering and maintaining

the data needed, and completing and

reviewing the collection.

Any 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 are

contained in 40 CFR part 9.

II. Request for Comments

EPA solicits comments to:

(i) Evaluate whether the proposed

collections of information described

above are necessary for the proper

performance of the functions of the

Agency, including whether the

information will have practical utility.

(ii) Evaluate the accuracy of the

Agency’s estimates of the burdens of the

proposed collections of information.

(iii) Enhance the quality, utility, and

clarity of the information to be

collected.

(iv) Minimize the burden of the

collections of information on those who

are to respond, including through the

use of appropriate automated or

electronic collection technologies or

other forms of information technology,

e.g., permitting electronic submission of

responses.

Send comments regarding these

matters, or any other aspect of these

information collections, including

suggestions for reducing the burdens, to

the docket under ADDRESSES listed

above.

List of Subjects

Environmental protection and

Information collection requests.

Dated: February 14, 1997.

Susan H. Wayland,

Acting Assistant Administrator for

Prevention, Pesticides and Toxic Substances.

[FR Doc. 97–4623 Filed 2–25–97; 8:45 am]

BILLING CODE 6560–50–F

[FRL–5694–2]

Agency Information Collection

Activities: Proposed Collection;

Comment Request; Notification of

Episodic Releases of Oil and

Hazardous Substances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

EPA is planning to submit the following

continuing Information Collection

Request (ICR) to the Office of

Management and Budget (OMB):

Notification of Episodic Releases of Oil

and Hazardous Substances, EPA ICR

Number 1049.07, OMB Control Number

2050–0046, expiring June 30, 1997.

Before submitting the ICR renewal

package to OMB for review and

approval, EPA is soliciting comments on

specific aspects of the proposed

information collection as described

below.

DATES: Comments must be submitted on

or before April 28, 1997.

ADDRESSES: Comments should be

submitted in triplicate to the following

address: Office of Emergency and

Remedial Response (5201G), Attention:

Superfund Docket Clerk, Docket

Number 102RQ–ER, U.S. Environmental

Protection Agency, 401 M Street SW,

Washington, DC 20460, (703) 603–9232.

Materials relevant to this rulemaking are

contained in Public Docket No. 102RQ–

ER. This docket is located at 1235

Jefferson Davis Highway (ground floor),

Arlington, VA. Dockets may be

inspected, by appointment only, from

9:00 a.m. to 4:00 p.m., Monday through

Friday. A reasonable fee may be charged

for copying docket material.

FOR FURTHER INFORMATION CONTACT:

Lynn Beasley, (703) 603–9086.

Facsimile number: (703) 603–9104.

Electronic address:

beasley.lynn@epamail.epa.gov. Note

that questions but not comments will be

accepted electronically.

SUPPLEMENTARY INFORMATION:

Affected Entities: Entities potentially

affected by this action are those persons

in charge of a facility or vessel that has

released a reportable quantity or more of

a hazardous substance into the

environment or that has discharged oil

into U.S. waters, causing a sheen,

violating applicable water quality

standards, or causing a sludge or

emulsion to be deposited beneath the

surface of the water or upon adjoining

shorelines.

Title: Notification of Episodic

Releases of Oil and Hazardous

Substances, EPA ICR Number 1049.07,

OMB Control Number 2050–0046,

expiring June 30, 1997.

Abstract: This ICR addresses the

reporting and record keeping activities

required to comply with the release

notification requirements for hazardous

substances and oil specified in section

103(a) of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended, and section 311

of the Clean Water Act (CWA). These

reporting requirements are codified at

40 CFR parts 110, 117, and 302. This

ICR renews the collection activity

previously approved under OMB No.

2050–0046 and applies to the period
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices 8723

July 1, 1997 through June 30, 2000.

Estimates of the burden placed on

industry to comply with the release

notification requirements are presented

annually.

CERCLA section 103(a) and CWA

section 311 require the person in charge

of a facility or vessel to immediately

notify the National Response Center

(NRC) of hazardous substance releases

into the environment and oil discharges

into U.S. waters. The regulated

community is expected to:

• Gather necessary release data, such

as the time, quantity, and source of the

release;

• Brief the facility manager;

• Consult with the environmental

compliance expert;

• Report the release to the NRC using

a toll-free telephone number, a facsimile

number, or a telex number; and

• Keep a log of release data such as

the time, date, and circumstance of the

release. (This information is expected,

but not required under the regulations).

There are no record keeping

requirements specified under CERCLA

section 103(a), CWA section 311, or

their implementing regulations. The

person in charge of the facility or vessel,

however, may elect to maintain a log

detailing the time, date, and

circumstances associated with the

reported release. The purpose of

maintaining a log of reported releases is

to track correspondence with response

authorities and to document compliance

with release notification requirements

under CERCLA and the CWA. Because

the respondent will probably perform

this activity, burden and cost estimates

associated with record keeping are

included in the ICR.

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 are listed

in 40 CFR Part 9 and 48 CFR Chapter

15. For this ICR, EPA would like to

solicit comments to:

(i) 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;

(ii) evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(iii) enhance the quality, utility, and

clarity of the information to be

collected; and

(iv) 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.

Burden Statement: The current ICR

assumes that notification requires

approximately two person-hours for

releases of hazardous substances and

oil, including one hour of technical

personnel time and one hour of

managerial time. Although neither

CERCLA nor CWA require that records

of releases be kept, a facility would

probably keep a log of any calls made

to government organizations. The

burden associated with internal record

keeping is estimated at one technical

hour and one clerical hour per release;

a ratio of one-tenth managerial hour to

each hour of clerical time is also

assumed.

The estimated costs of completing the

episodic release reports required under

CERCLA and the CWA are a function of

the time expended by industrial

personnel and the hourly rates for the

appropriate labor categories. The

number of burden hours is the same for

the renewal ICR as for the current ICR.

The unit cost estimates for each category

of activities are based upon a managerial

wage rate of $38.72 per hour, a technical

wage rate of $28.37 per hour, and a

clerical wage rate of $17.48 per hour.

These wage rates, from the Bureau of

Labor Statistics, are the same as those

used in the notice for renewal of the

Spill Prevention and Control

Countermeasure ICR (61 FR 15246,

April 5, 1996). They include wages and

salaries, benefit costs including paid

leave, supplemental pay, insurance,

retirement and savings, legally required

benefits, severance pay, and

supplemental unemployment benefits

and overhead costs, calculated in

December, 1995 dollars.

BURDEN HOURS AND UNIT COST PER RESPONDENT ACTIVITY AND ANNUAL BURDEN HOURS AND COSTS INCURRED BY A

TYPICAL RESPONDENT

Collection activity Management

(38.72/hr)

Technical

($28.73/hr)

Clerical

$17.48/hr

Total burden

hours Unit cost

Initial Telephone Call ............................................................ 1.0 1.0 0 2.0 $67.09

Record keeping ..................................................................... 0.1 1.0 1.0 2.1 49.72

Annual Burden for a Typical Release .................................. 1.1 2.0 1.0 4.1 116.81

Past release reports were used to project future release reports. The next exhibit shows the projected annual release

reports, burden hours, and costs under the current ICR. Projections were based on the conservative use of assumptions

and methodologies that tend to err on the side of over predicting the number of releases.

ESTIMATED ANNUAL BURDEN HOURS AND COSTS

Type of release Collection activity

Number of reportable releases/yearUnit burden

hours

Unit cost

Total burden

hours

Annual cost

(Thousand $)

All CERCLA Hazardous Substances Telephone Notification .................... 6,519 2.0 $67.09 13,038 $437

Record keeping ............................... 6,519 2.1 49.72 13,690 324

Oil .................................................... Telephone Notification .................... 22,685 2.0 67.09 45,307 1,522

Record keeping ............................... 22,685 2.1 49.72 47,639 1,128

Total Aggregate Releases ....... Telephone Notification .................... 29,204 2.0 67.09 58,408 1,959

Record keeping ............................... 29,204 2.1 49.72 61,329 1,452

Annual Total ......................... ......................................................... 29,204 4.1 116.81 119,737 3,411
8724 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Notices

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 purpose 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; 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.

Dated: February 13, 1997.

Stephen D. Luftig,

Director, Office of Emergency and Remedial

Response.

[FR Doc. 97–4752 Filed 2–25–97; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5685–9]

Agency Information Collection

Activities

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.), this notice announces that

EPA is planning to submit the following

proposed and/or continuing Information

Collection Requests (ICRs) to the Office

of Management and Budget (OMB).

Before submitting the ICRs to OMB for

review and approval, EPA is soliciting

comments on specific aspects of the

proposed information collections as

described below.

DATES: Comments must be submitted on

or before April 28, 1997.

ADDRESSES: Written comments should

be sent to: Docket A–91–60, Central

Docket Section, South Conference Room

4, U.S. Environmental Protection

Agency, 401 M Street, SW, Washington,

DC, 20460. Interested persons may make

a copy of the ICR without charge from

the docket. The docket is open between

8 a.m. and 4 p.m. on weekdays. The

telephone number is (202) 260–7549,

and the fax number is (202) 260–4400.

To expedite review of comments, a

second copy of the comments should be

sent to Mavis Sanders, Stratospheric

Protection division, Mail Code 6205J,

EPA, 401 M Street, Washington, DC

20460. Overnight mail should be sent to

our 501–3rd Street, NW, Washington,

DC 20001 street address.

FOR FURTHER INFORMATION CONTACT:

Mavis Sanders at (202) 233–9737, or fax

(202) 233–9665.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action include

manufacturers, distributors, retailers,

importers, and recyclers/reclaimers that

manufacture, sell or distribute products

made with or containing class I or class

II substances.

Title: Protection of Stratospheric

Ozone: Labeling, Final Rulemaking

under Title VI of the Clean Air Act

Amendments of 1990, OMB Control No.

2060–0342, Expiration Date: 9/30/97.

Abstract: The Office of Air and

Radiation (OAR) promulgated

regulations on February 11, 1993, and a

subsequent amendment on January 19,

1995, that became effective as of

October 1, 1995. Pursuant to the

enactment of the reauthorized

Paperwork Reduction Act (PRA),

labeling requirements are no longer

exempt from review under the PRA.

OAR is submitting this renewal ICR

relative to the requirements in effect on

October 1, 1995, in compliance with the

reauthorized PRA.

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 are listed

in 40 CFR Part 9. The regulations

require that all containers of class I and

II substances, products containing class

I substances, and products

manufactured with class I substances be

labeled. The required warning must

state: ‘‘WARNING: Contains

(Manufactured with) [insert name of

substance], a substance which harms

public health and environment by

destroying the ozone in the upper

atmosphere.’’ Labels must be applied

when a product enters into interstate

commerce or is imported into the U.S.

Exceptions are available under a variety

of circumstances including:

• Those products manufactured prior

to May 15, 1993, do not need to be

labeled.

• Those products where a component

product made with a class I substance

is sold to another party and

incorporated into another product do

not need to bear the warning label.

• Those products manufactured by a

company that achieved a 95% reduction

over its 1990 use of methyl chloroform

and CFC–113 used as solvents (if

petitioned before May 15, 1994) are

exempt from bearing the warning label.

• Incidental uses of class I substances

are exempt.

• Products that are manufactured

with class I substances, where those

substances are destroyed at the end of

the process, are exempt from labeling.

• Waste containing a class I substance

and bound for discard is exempt.

• Spare parts manufactured with a

class I substance and sold to a

distributor or a repairperson, to be used

for repair purposes, are exempt from the

label pass-through requirement.

• Products repaired using a class I

substance do not need to be labeled.

• Products containing trace quantities

of class I impurities resulting from

inadvertent production, unreacted

feedstock, or process agents are exempt.

The EPA would like to solicit

comments to:

(i) 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;

(ii) evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(iii) enhance the quality, utility, and

clarity of the information to be

collected; and

(iv) 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.

Burden Statement: EPA estimates the

projected hour burden of the renewed

information collection is an annual total

of 3024 hours. In comparison with the

original labeling ICR, this estimate of

hourly burden reflects a 40% reduction

in the number of manufacturers that use

a class I substance in their

manufacturing process. This estimate

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; 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.