[Federal Register Volume 74, Number 36 (Wednesday, February 25, 2009)]
[Notices]
[Pages 8537-8539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4060]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8398-8]


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 27, 2009.

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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW, Washington, DC 20460-0001.
    <bullet> 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'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: (703) 305-5884; e-
mail address: <a href="/cdn-cgi/l/email-protection#98f6fdfff9ebf0b6f4f1f4e1d8fde8f9b6fff7ee"><span class="__cf_email__" data-cfemail="8fe1eae8eefce7a1e3e6e3f6cfeaffeea1e8e0f9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What Information is of Particular Interest to the EPA?

    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.

[[Page 8538]]

    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-2008-0927

    Title: Tolerance Petitions for Food/Feed Crops and New Inert 
Ingredients.
    ICR numbers: EPA ICR No. 0597.10, OMB Control No. 2070-0024.
    ICR status: The approval for this ICR is scheduled to expire on 
November 30, 2009.
    Affected entities: Entities potentially affected by this ICR 
include individuals or entities engaged in activities related to the 
registration of a pesticide product, which may be identified by the 
North American Industrial Classification System (NAICS) code 325320.
    Abstract: This information collection will enable EPA to collect 
adequate data to support the establishment of pesticide tolerances 
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 EPA 
has established a tolerance for the pesticide residues on that crop or 
established an exemption from the requirement to have a tolerance. 
Responses to this collection are required to obtain tolerances or 
exemptions from tolerances for pesticides used on food or feed crops, 
pursuant to section 408 of FFDCA, 21 U.S.C. 346a, as amended by the 
Food Quality Protection Act (FQPA) (Public Law 104-170). CBI submitted 
to EPA in response to this information collection is protected from 
disclosure under the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) section 10.
    This ICR only applies to the information collection activities 
associated with the submission of a petition for a tolerance action. It 
is EPA's responsibility to ensure that the maximum residue levels 
likely to be found in or on food/feed crops are safe for human 
consumption through a careful review and evaluation of residue 
chemistry and toxicology data. In addition, it 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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 1,739 
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: 103.
    Frequency of response: As needed.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 179,117.
    Estimated total annual costs: $14,712,005. 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 79,783 hours in the 
total estimated respondent burden identified in the currently approved 
ICR. The thirty-one percent decrease from previous years, reflects the 
average number of tolerance petitions received by EPA in the past three 
years (2006, 2007, and 2008). This change is an adjustment.

B. Docket ID Number EPA-HQ-OPP-2008-0917

    Title: Standards for Pesticide Containers and Containment.
    ICR numbers: EPA ICR No. 1632.03, OMB Control No. 2070-0133.
    ICR status: The approval for this ICR is scheduled to expire on 
November 30, 2009.
    Affected entities: Entities potentially affected by this ICR 
include pesticide registrants and businesses who 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).
    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

[[Page 8539]]

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, who 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 7.4 
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: 23,586. This 
includes 1,804 registrant facilities, 16,795 agricultural pesticide 
refillers, 322 swimming pool supply companies, and 4,665 facilities 
requiring secondary containment.
    Frequency of response: On occasion. There is no regular reporting 
involved. This ICR only involves recordkeeping requirements.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 174,550.5 hours. This includes 
139,563 hours for container design and residue removal requirements and 
34,987.5 hours for containment structure requirements.
    Estimated total annual costs: $6,124,953. This includes $4,902,723 
for container design and residue removal requirements and $1,222,230 
for containment structure requirements.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall increase of 122,493.5 hours in the 
total estimated respondent burden identified in the currently approved 
ICR. When the information collection associated with this ICR was 
approved in 2006, the burden hours were adjusted to reflect only the 
burden associated with initial rule familiarization and state requests 
to use their containment regulations in lieu of Federal regulations - a 
total of 52,057 hours. These were the only burdens that were imposed by 
the pesticide container and containment regulations during the course 
of that approval. EPA was instructed to revise the estimates, upon 
resubmission, to reflect the burden imposed in 2009 and beyond because 
of compliance with the requirements. 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 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 17, 2009.
James Jones,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. E9-4060 Filed 2-24-09; 8:45 am]
BILLING CODE 6560-50-S


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