[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69821-69823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28315]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9365-2]
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), 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 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 January 22, 2013.
ADDRESSES: Submit your comments, identified by the docket
identification (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 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.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External
Affairs (7506P), Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001;
telephone number: (703) 347-0107; fax number: (703) 308-5884; email
address: drewes.scott@epa.gov.
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.
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 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).
[[Page 69822]]
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-2012-0544
Title: Notice of Supplemental Distribution of a Registered
Pesticide Product.
ICR number: EPA ICR No. 0278.11.
OMB control number: OMB Control No. 2070-0044.
ICR status: The approval for this ICR is scheduled to expire on
July 31, 2013.
Abstract: This information collection activity provides EPA with
notification of supplemental registration of distributors of pesticide
products. EPA is responsible for the regulation of pesticides as
mandated by the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended. Section 3(e) of FIFRA (see 7 U.S.C. 136a(e)),
allows pesticide registrants to distribute or sell a registered
pesticide product under a different name instead of or in addition to
the name under the original registration. Such distribution and sale is
termed ``supplemental distribution'' and the product is termed a
``distributor product.'' EPA requires the pesticide registrant to
submit a supplemental statement (EPA Form 8570-5, Notice of
Supplemental Distribution of a Registered Pesticide Product) when the
registrant has entered into an agreement with a second company that
will distribute the registrant's product under the second company's
name and product name.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.32
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 those identified in the North American Industrial
Classification System (NAICS) code 325320 as businesses participating
in this program as pesticide and other agricultural chemical
manufacturing.
Estimated total number of potential respondents: 1,451.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 387 hours.
Estimated total annual costs: $34,505. This includes an estimated
burden cost of $34,505 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 an overall decrease of 68 hours in the total
estimated respondent burden identified in the currently approved ICR.
This decrease reflects the decrease in the number of applications the
Agency expects to receive in the next 3 years. This change is an
adjustment.
B. Docket ID Number EPA-HQ-OPP-2012-0737
Title: Standards for Pesticide Containers and Containment.
ICR number: EPA ICR No. 1632.04.
OMB control number: OMB Control No. 2070-0133.
ICR status: The approval for this ICR is scheduled to expire on
July 31, 2013.
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 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, which 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 from
2 to 7.5 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:
Respondents/Affected entities: Entities potentially affected by
this ICR include pesticide registrants and businesses which 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).
Estimated total number of potential respondents: 23,586.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 169,660 hours.
Estimated total annual costs: $6,248,079. This includes an
estimated burden cost of $5,561,578 for container regulations and an
estimated cost of $686,501 for containment regulations.
Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall decrease of 4,890.5 hours in the
total estimated respondent burden identified in the currently approved
ICR. This decrease reflects three revisions to the estimated annual
burden. First, EPA received very few waiver requests for complying with
the non-refillable container regulations, so the estimated rate of
registrants requesting waivers decreased from 5% to 1%. The decrease in
waiver requests resulted in a corresponding decrease in the associated
burden. Second, since registrant repackaging activities are similar to
the repackaging activities conducted by refillers and swimming pool
supply companies, EPA increased
[[Page 69823]]
the average annual burden per registrant respondent from 1 hour to 7.5
hours per respondent to be consistent with the average burden per
refiller or swimming pool supply company. Third, for entities subject
to the containment requirements, some activities in the previous ICR
were completed by the compliance date of August 16, 2009. This ICR is
focusing only on the ongoing annual information collection activities
for the containment requirements, resulting in a corresponding decrease
in the estimated annual burden per respondent from the previous ICR.
This change is an adjustment.
C. Docket ID Number EPA-HQ-OPP-2012-0744
Title: Tolerance Petitions for Pesticides on Food/Feed Crops and
New Inert Ingredients.
ICR number: EPA ICR No. 0597.11.
OMB control number: OMB Control No. 2070-0024.
ICR status: The approval for this ICR is scheduled to expire on
July 31, 2013.
Abstract: The use of pesticides to increase crop production often
results in pesticide residues in or on the crop. To protect the public
health from unsafe pesticide residues, EPA sets limits on the nature
and level of residues permitted 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 the Agency has established a tolerance
(maximum residue limit) for the pesticide residues on that crop or
established an exemption from the requirement to have a tolerance.
Under the law, EPA is responsible for ensuring that the maximum
residue levels likely to be found in or on food/feed are safe for human
consumption through a careful review and evaluation of residue
chemistry and toxicology data. In addition, EPA 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.
This ICR only applies to the information collection activities
associated with the submission of a petition for a tolerance action.
While EPA is authorized to set pesticide tolerances, the Food and Drug
Administration (FDA) is responsible for their enforcement. Food or feed
commodities found to contain pesticide residues in excess of
established tolerances are considered adulterated, and are subject to
seizure by FDA, and may result in civil penalties.
Trade secret or CBI is frequently submitted to EPA in support of a
tolerance petition because submissions usually include the
manufacturing process, product formulation, and supporting data. When
such information is provided to the Agency, the information is
protected from disclosure under FIFRA section 10. CBI data submitted to
the EPA is handled strictly in accordance with the provisions of the
FIFRA Confidential Business Information Security Manual.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average from
1,726 hours for each petitioner response and 1,739 hours for each IR-4
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 anyone who files a petition asking EPA to take a
specific tolerance action. While any entity can file a petition with
EPA, petitions typically come from those businesses engaged in the
manufacturing of pesticides and the Interregional Research Project No.
4 (IR-4). The NAICS codes for the most frequent type of respondent are
325320 (pesticide and other agricultural chemical manufacturing) and
541600 (management, scientific, and technical consulting services).
Estimated total number of potential respondents: 137.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 236,800 hours.
Estimated total annual costs: $21,280,921. This is the estimated
burden cost; there is no cost for capital investment or maintenance and
operational costs in this information collection.
Changes in the estimates from the last approval: The renewal of
this ICR will result in an overall increase of 58,515 hours in the
total estimated respondent burden identified in the currently approved
ICR. This increase reflects EPA's updating of burden estimate to
account for an increase from 103 to 137 in the estimated average number
of tolerance petitions submitted annually, which resulted in a change
to the annual burden hours for respondents from 178,285 in the previous
renewal to 236,800 in the current renewal. 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 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.
List of Subjects
Environmental protection, Reporting and recordkeeping requirements.
Dated: November 15, 2012.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2012-28315 Filed 11-20-12; 8:45 am]
BILLING CODE 6560-50-P