Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 8537 

announce the submission of the ICR to 

OMB and the opportunity to submit 

additional comments to OMB. If you 

have any questions about this ICR or the 

approval process, please contact the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

Dated: February 19, 2009. 

Lisa Lund, 

Director, Office of Compliance. 

[FR Doc. E9–4010 Filed 2–24–09; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• 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’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 email. 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: 

negash.lily@epa.gov. 

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. 


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8538 Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 

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 


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Federal Register / Vol. 74, No. 36 / Wednesday, February 25, 2009 / Notices 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0008; FRL–8403–2] 

State Federal Insecticide, Fungicide, 

and Rodenticide Act; Working 

Committee’s on Environmental Quality 

Issues and Pesticides Operations 

Management 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Association of American 

Pesticide Control Officials (AAPCO)/ 

State FIFRA Issues Research and 

Evaluation Group (SFIREG) Working 

Committee’s on Environmental Quality 

Issues and Pesticides Operations 

Management will hold a 2–day meeting, 

beginning on April 27, 2009 and ending 

April 28, 2009. This notice announces 

the location and times for the meeting 

and sets forth the tentative agenda 

topics. 

DATES: The meeting will be held on 

Monday, April 27, 2009 from 8:30 a.m. 

to 5:00 p.m. and 8:30 a.m to 12 noon on 

Tuesday April 28, 2009 

To request accommodation of a 

disability, please contact the person 

listed under FOR FURTHER INFORMATON

CONTACT, preferably at least 10 days 

prior to the meeting, to give EPA as 

much time as possible to process your 

request. 

ADDRESSES: The meeting will be held at 

EPA. One Potomac Yard (South Bldg.) 

2777 Crystal Dr., Arlington VA. 4th 

Floor South Conference Room. 

FOR FURTHER INFORMATION CONTACT: Ron 

Kendall, Field and External Affairs 

Division (7506P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–5561 fax number: 

(703) 308–1850; e-mail address: 

kendall.ron@epa.gov. or Grier Stayton, 

SFIREG Executive Secretary, P.O. Box 

466, Milford DE 19963; telephone 

number (302) 422–8152; fax (302) 422– 

2435; e-mail address: grierstaytonaapcosfireg@comcast.net. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are interested in 

SFIREG information exchange 

relationship with EPA regarding 

important issues related to human 

health, environmental exposure to 

pesticides, and insight into EPA’s 

decision-making process. You are 

invited and encouraged to attend the 

meetings and participate as appropriate. 

Potentially affected entities may 

include, but are not limited to: 

Those persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug and Cosmetics Act (FFDCA), or the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA). 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket ID 

number EPA–HQ–OPP–2008–0143. 

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 Office of 

Pesticide Programs (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 


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