[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34745-34748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13894]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0287; EPA-HQ-OPP-2021-0288; FRL-10022-67]


Agency Information Collection Activities; Proposed Renewal of Two 
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), this 
document announces that EPA is planning to submit requests to renew two 
currently approved Information Collection Request (ICR) to the Office 
of Management and Budget (OMB). The ICRs are 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 
that are summarized in this document. The ICRs and accompanying 
material are available for public review and comment in the relevant 
dockets identified in this document for the ICR.

DATES: Comments must be received on or before August 30, 2021.

ADDRESSES: Submit your comments, identified by the docket 
identification (ID) number for the corresponding ICR as identified in 
this document, online using the Federal eRulemaking Portal at http://www.regulations.gov. Follow the online instructions for submitting 
comments. Do not submit electronically any information you consider to 
be Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Additional instructions on 
commenting or visiting the docket, along with more information about 
dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is closed to visitors with 
limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division 
7101M, Office of Program Support, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(703) 347-0159; email address: <a href="/cdn-cgi/l/email-protection#e2918b97cc8183908d8e9b8ca2879283cc858d94"><span class="__cf_email__" data-cfemail="27544e5209444655484b5e496742574609404851">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
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.

[[Page 34746]]

    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. Submit your comments by the deadline identified under DATES.
    6. Identify the docket ID number assigned to the ICR action in the 
subject line on the first page of your response. You may also provide 
the ICR title and related EPA and OMB numbers.

III. What do I need to know about the 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 the EPA 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.
    As used in the PRA context, burden is defined in 5 CFR 1320.3(b).

IV. Which ICRs are being renewed?

    EPA is planning to submit two currently approved ICRs to OMB for 
review and approval under the 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-2021-0288

    Title: Certification of Pesticide Applicators.
    ICR number: EPA ICR No. 0155.14.
    OMB control number: OMB Control No. 2070-0029.
    ICR status: The approval for this ICR is scheduled to expire on 
December 31, 2022.
    Abstract: EPA administers certification programs for pesticide 
applicators under section 11 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA). FIFRA allows EPA to classify a pesticide as 
``restricted use'' if the pesticide meets certain toxicity or risk 
criteria. The regulations in 40 CFR part 171 include procedures for 
certification programs for States, Federal agencies, Indian tribes, or 
U.S. territories who wish to develop and implement their own 
certification plans and programs, after obtaining EPA approval. This 
ICR addresses the paperwork activities performed by businesses, 
individuals and regulators to comply with training and certification 
requirements associated with applicators of restricted use pesticides 
(RUPs). Because of the potential of improperly applied RUPs to harm 
human health or the environment, pesticides under this classification 
may be purchased and applied only by ``certified applicators'' or by 
persons under the direct supervision of certified applicators. To 
become a certified applicator, a person must meet certain standards of 
competency; these standards are met through completion of a 
certification program or test. The additional information requirements 
contained in the January 4, 2017 final rule (82 FR 952; RIN 2070-AJ20) 
that amended the regulations at 40 CFR part 171 are addressed in 
another ICR that is currently approved under OMB Control No. 2070-0196.
    All 50 states, the District of Columbia, American Samoa, Cheyenne 
River Sioux, Guam, Commonwealth of the Northern Mariana Islands, Oglala 
Sioux, Puerto Rico, Republic of Palau, Shoshone-Bannock Tribe 
Affiliated Tribes and U.S. Virgin Islands as well as the U.S. 
Department of Defense, the U.S. Department of the Interior, the U.S. 
Department of Energy and the U.S. Department of Agriculture 
(USDA)(USDA, APHIS/PPQ and USDA Forest Service) administer applicator 
certification programs within their jurisdictions, but each agency's 
certification plan must be approved by EPA before it can be 
implemented. Agencies authorized by EPA to administer a certification 
program are collectively referred to in this document as ``authorized 
agencies.'' Currently all 50 states, the District of Columbia, 6 
territories, 4 tribes and 5 federal agencies are authorized to run 
their own certification programs. Under authorized agencies' 
certification programs, dealerships of RUP are not required to report 
their dealership information and RUP sales directly to EPA, and such 
information is not included in the paperwork burden estimates of this 
ICR.
    In areas where no authorized agency has jurisdiction, EPA may 
administer a certification program directly, called a Federal program. 
Federal certification programs require RUP dealers to maintain records 
of RUP sales and to report and update their names and addresses with 
the pesticide regulatory agency for enforcement purposes. Starting in 
2007 and in 2014 respectively, the Agency implemented EPA-administered 
applicator certification programs for Indian Country and for Navajo 
Nation (79 FR 7185-89). Under the EPA plan for Indian Country, 
dealerships operating in Indian Country are required to report their 
dealership and individual business names and addresses to EPA Regional 
offices.
    This ICR also addresses how registrants of certain pesticide 
products are expected to perform specific, special paperwork 
activities, such as training and recordkeeping, in order to comply with 
the terms and conditions of the pesticide registration (e.g., 
registrants of anthrax-related pesticide products that assert claims to 
inactivate Bacillus anthracis (anthrax) spores). Paperwork activities 
associated with the use of such products are conveyed specifically as a 
condition of the registration.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
1,379,443.81 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:
    Respondents/Affected entities: Entities potentially affected by 
this ICR include pesticide applicators, administration of certification 
programs by States/Tribal lead agencies (authorized agencies), 
individuals or

[[Page 34747]]

entities engaged in activities related to the registration of a 
pesticide product, and RUP dealers (only for EPA administrated 
programs).
    Estimated total number of potential respondents: 444,639 (total).
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
Varies.
    Estimated total annual burden hours: 1,379,444 hours (annual).
    Estimated total annual costs: $57,047,143.94. This includes an 
estimated burden cost of $57,047,143.94 and an estimated cost of $0 for 
non-burden hour paperwork costs, e.g., investment or maintenance and 
operational costs.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in neither a decrease nor increase of hours in the 
total estimated respondent burden identified in the currently approved 
ICR. Since the Agency is renewing this ICR as is, the total estimated 
respondent burden for this renewal ICR remains the same at 59,190 
hours. The only adjustments calculated is the cost in burden which is 
made to reflect the latest wage labor rates (BLS 2019). These changes 
are adjustments.
    In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal 
agencies and departments and is based on the submission instructions 
established by OMB in 1995, replacing the alternate format developed by 
EPA and OMB prior to 1995. EPA intends to update this Supporting 
Statement during the comment period to reflect the 18-question format, 
and has included the questions in an attachment to this Supporting 
Statement. In doing so, the Agency does not expect the change in format 
to result in substantive changes to the information collection 
activities or related estimated burden and costs.

B. Docket ID Number EPA-HQ-OPP-2021-0287

    Title: Pesticides; Certification of Pesticide Applicators; Final 
Rule [RIN 2070-AJ20].
    ICR number: EPA ICR No. 2499.03.
    OMB control number: OMB Control No. 2070-0196.
    ICR status: The approval for this ICR is scheduled to expire on 
February 28. 2022.
    Abstract: This ICR amendment covers the revisions contained in thea 
final rule ``Certification of Pesticide Applicators'' (Certification 
rule) at 40 CFR part 171, which regulates the certification of 
applicators of RUPs. This ICR estimates the incremental burden of 
revised requirements applicable under the PRA, that are not already 
included in the ICR ``Certification of Pesticide Applicators'' covering 
40 CFR part 171 prior to the new final rule. That ICR, which this ICR 
amends, was currently-approved by the OMB at the time this ICR was 
submitted to OMB with the final rule, and is termed the ``existing 
ICR'' in this document.
    The existing regulation (prior to the new final rule) has 
provisions for states, the District of Columbia (DC), tribes, 
territories, and federal agencies that wish to certify applicators to 
use RUPs, to submit certification plans to EPA for review and approval, 
and requirements to report specific information related to applicator 
certification activities annually. The regulation has standards of 
competency for persons who are certified to apply RUPs, as well as 
requirements related to noncertified applicators who apply RUPs under 
the direct supervision of certified applicators. In addition, it 
already requires pesticide retail dealers to maintain records of RUP 
sales in areas where the EPA administers an applicator certification 
program.
    The final rule is intended to improve the competency of certified 
applicators of RUPs and noncertified applicators who apply RUPs under 
the direct supervision of certified applicators. The final rule 
includes new and revised standards for certification for commercial and 
private applicators, provisions for recertification of applicators, and 
training for noncertified applicators applying RUPs under the 
supervision of certified applicators. The revisions also include 
changes to improve the clarity and organization of the rule and overall 
program operation. The proposed changes to the regulation are intended 
to ensure that all persons who use RUPs--i.e., private applicators, 
commercial applicators, and noncertified applicators using RUPs under 
the direct supervision of certified applicators--are competent to use 
RUPs in a manner that will not result in unreasonable adverse effects 
to themselves, others, or the environment.
    This amendment ICR estimates the burden and costs of the final rule 
changes related to information collection and includes: Training for 
noncertified applicators applying RUPs under the direct supervision of 
certified applicators, recordkeeping of the noncertified applicator 
training, recordkeeping of RUP sales by pesticide dealerships under 
certification programs not administered by the EPA, and burden to 
states, DC, territories, tribes, and federal agencies to revise 
certification plans as needed to comply with the revised requirements.
    The following sections provide a general overview of the paperwork 
requirements in the final rule; burden and cost estimates are found in 
section 6.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
2,280,849 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:
    Respondents/Affected entities: Entities potentially affected by 
this ICR include Agricultural Establishments, Nursery and Tree 
Production, Agricultural Pest Control and Pesticide Handling on Farms 
and Crop Advisors, Agricultural (animal) Pest Control (livestock 
spraying), Forestry Pest Control, Wood Preservation Pest Control, 
Pesticide Registrants, Pesticide Dealers, Research & Demonstration Pest 
Control and Crop Advisor, Ornamental & Turf, Rights-of-Way Pest 
Control, Environmental Protection Program Administrators, and 
Governmental Pest Control Programs.
    Estimated total number of potential respondents: 1,860,974.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
195.
    Estimated total annual burden hours: 2,280,849 hours.
    Estimated total annual costs: $108,061,898. This includes an 
estimated burden cost of $108,061,898 and an estimated cost of $0 for 
non-burden hour paperwork costs, e.g., investment or maintenance and 
operational costs.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in neither a decrease nor increase of hours in the 
total estimated respondent burden identified in the currently approved 
ICR. Since the Agency is renewing this ICR as is, the total estimated 
respondent burden for this renewal ICR remains the same at 2,280,849 
hours. The only adjustments calculated is the cost in burden which is 
made to reflect the latest wage labor rates (BLS 2019). These changes 
are adjustments.
    In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal 
agencies and departments and is based on the submission instructions 
established by OMB in 1995, replacing the alternate format developed by 
EPA and OMB prior to 1995. EPA intends to update this Supporting 
Statement

[[Page 34748]]

during the comment period to reflect the 18-question format, and has 
included the questions in an attachment to this Supporting Statement. 
In doing so, the Agency does not expect the change in format to result 
in substantive changes to the information collection activities or 
related estimated burden and costs.

IV. 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 document 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.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: June 24, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2021-13894 Filed 6-29-21; 8:45 am]
BILLING CODE 6560-50-P


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