[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]


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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.

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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 
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]
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