[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Notices]
[Pages 3083-3086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1026]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00567; FRL-6047-5]


Renewal of Pesticide Information Collection Activities; Foreign 
Purchaser Acknowledgment Statement of Unregistered Pesticides; Request 
for Comment

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.), EPA is seeking public comment and information on 
the following Information Collection Request (ICR): ``Foreign Purchaser 
Acknowledgment Statement of Unregistered Pesticides'' [EPA ICR No. 
0161.08, OMB No. 2070-0027]. This ICR involves a collection activity 
that is currently approved and scheduled to expire on March 31, 1999. 
The ICR describes the nature of the information collection activity and 
its expected burden and costs. Before submitting this ICR to the Office 
of Management and Budget (OMB) for review and approval under the PRA, 
EPA is soliciting comments on specific aspects of the collection.

DATES: Written comments must be received on or before March 22, 1999.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit III. of this document.

FOR FURTHER INFORMATION CONTACT: Cameo Smoot, Office of Pesticide 
Programs, Mail Code (7506C), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460, Telephone: 703-305-5454, fax: 703-305-
5884, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply To Me?

    You may be potentially affected by this notice if you manufacture, 
reformulate, or repackage pesticide products for export that are not 
registered (see section 3 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) or sold (see section 6(a)(1) of FIFRA) in the 
United States. You must submit and obtain a signed statement from the 
foreign purchaser acknowledging that the purchaser is aware that the 
pesticide is not registered for use in the United States and cannot be 
sold in the United States. A copy of this statement must be transmitted 
to an appropriate official of the government in the importing country 
and a copy must be submitted to EPA within 7 days of the export 
shipment.
    Potentially affected categories and entities may include, but are 
not limited to the following:

----------------------------------------------------------------------------------------------------------------
                                                                                       Examples of Potentially
              Category                     NAICS Code               SIC Codes             Affected Entities
----------------------------------------------------------------------------------------------------------------
Pesticide and other agricultural     325320                  286--Industrial         Exporters of pesticide
 chemical manufacturing                                       organic chemicals       products
                                                             287--Agricultural       Reformulators for export of
                                                              chemicals               unregistered pesticides
                                                                                     Repackagers for export of
                                                                                      unregistered pesticides
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. To determine whether you or your business is affected by this 
action, you should carefully examine the applicability provisions in 
the table above or refer to section 17 of FIFRA. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed in the ``FOR FURTHER 
INFORMATION CONTACT'' section.

II. How Can I Get Additional Information or Copies of This Document 
or Other Support Documents?

A. Electronic Availability

    Electronic copies of this document and the ICR are available from 
the EPA Home Page at the Federal Register - Environmental Documents 
entry for this document under ``Laws and Regulations'' (http://
www.epa.gov/fedrgstr/). You can easily follow the menu to find this 
Federal Register notice using the publication date or the Federal 
Register citation for this notice. Although a copy of the ICR is posted 
with the Federal Register notice, you can also access a copy of the ICR 
by going directly to http://www.epa.gov/icr/. You can then easily 
follow the menu to locate this ICR by the EPA ICR number, the OMB 
control number, or the title of the ICR.

B. Fax-on-Demand

    Using a faxphone call 202-401-0527 and select item 6058 for a copy 
of the ICR.

C. In Person or By Phone

    If you have any questions or need additional information about this 
notice or the ICR referenced, please contact the person identified in 
the ``FOR FURTHER INFORMATION CONTACT'' section.
    In addition, the official record for this notice, including the 
public version, has been established for this notice under docket 
control number OPP-00567 (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as Confidential Business 
Information (CBI), is available for inspection in the Office of 
Pesticide Programs (OPP) Public Docket, Rm. 119, CM #2, 1921 Jefferson 
Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through

[[Page 3084]]

Friday, excluding legal holidays. The OPP Public Docket telephone 
number is 703-305-5805.

III. How Can I Respond To This Notice?

A. How and To Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket control 
number, OPP-00567, in your correspondence.
    1. By mail. Submit written comments to: OPP Public Docket, Public 
Information and Records Integrity Branch, Information Resources and 
Services Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments to: OPP Public 
Docket, Public Information and Records Integrity Branch, Rm. 119, CM 
#2, 1921 Jefferson Davis Highway, Arlington, VA, Telephone: 703-305-
5805.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: [email protected]. Please note that you should not 
submit any information electronically that you consider to be CBI. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Comment and data will 
also be accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket control number OPP-00567. Electronic comments on this notice may 
also be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI Information That I Want To Submit To the 
Agency?

    You may claim information that you submit in response to this 
notice as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must also be submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. If you have any questions 
about CBI or the procedures for claiming CBI, please consult with the 
technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' 
section.

C. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits 
comments and information to enable it to:
    1. Evaluate whether the proposed collections of information are 
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 burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.

D. What Should I Consider When I Prepare My Comments for EPA?

    We invite you to provide your views on the various options we 
propose, new approaches we haven't considered, the potential impacts of 
the various options (including possible unintended consequences), and 
any data or information that you would like the Agency to consider 
during the development of the final action. You may find the following 
suggestions helpful for preparing your comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide solid technical information and/or data to support 
your views.
     If you estimate potential burden or costs, explain how you 
arrived at the estimate.
     Tell us what you support, as well as what you disagree 
with.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the rule or collection 
activity.
     Make sure to submit your comments by the deadline in this 
notice.
     At the beginning of your comments (e.g., as part of the 
``Subject'' heading), be sure to properly identify the document you are 
commenting on. You can do this by providing the docket control number 
assigned to the notice, along with the name, date, and Federal Register 
citation, or by using the appropriate EPA or OMB ICR number.

IV. What Information Collection Activity or ICR Does This Notice 
Apply To?

    EPA is seeking comments on the following ICR:
    Title: Foreign Purchaser Acknowledgment Statement of Unregistered 
Pesticides.
    ICR numbers: EPA ICR No. 0161.08, OMB No. 2070-0027.
    ICR status: This ICR is currently scheduled to expire on March 31, 
1999. An agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information, unless it displays 
a currently valid OMB control number. The OMB control numbers for EPA's 
information collections appear on the collection instruments or 
instructions, in the Federal Register notices for related rulemakings 
and ICR notices, and, if the collection is contained in a regulation, 
in a table of OMB approval numbers in 40 CFR part 9.
    Abstract: EPA is responsible for the regulation of pesticides as 
mandated by FIFRA. However, FIFRA section 17 requires an exporter of 
any pesticide not registered under FIFRA section 3 or sold under FIFRA 
section 6(a)(1) to obtain a signed statement from the foreign purchaser 
acknowledging that the purchaser is aware that the pesticide is not 
registered for use in the United States and cannot be sold in the 
United States. A copy of this statement must be transmitted to an 
appropriate official of the government in the importing country. The 
purpose of the purchaser acknowledgment statement requirement is to 
notify the government of the importing country that a pesticide judged 
hazardous to human health or the environment, or for which no such 
hazard assessment has been made, will be imported into that country.
    The typical exporter must ascertain the registration status of the 
product that is being produced for export. After determining that an 
exported product is not registered in the United States, the exporter 
must obtain a statement from the foreign purchaser of the pesticide 
acknowledging the name and address of the exporter and the purchaser, 
the name of the product and the active ingredient, a statement that the 
foreign purchaser is aware that the product is not registered in the 
United States and cannot be sold for use in the United States, and if 
known, the final destination of the shipment and the signature of the 
foreign purchaser. This will normally require that the exporter provide 
the purchaser with a prepared statement for signature or with 
instructions that are adequate to ensure that the purchaser can prepare 
the statement.
    There are no required forms for the Foreign Purchaser 
Acknowledgment Statement (FPAS). In preparing the statement, the 
exporter is free to format

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the document in any manner as long as it includes all the required 
information. The exporter must obtain the signed statement from the 
foreign purchaser before the pesticide can be shipped.
    If the exporter anticipates making more than one shipment of the 
product to the purchaser in a given year, the exporter may elect to 
notify EPA only at the time of the first shipment, and to choose to 
comply with the annual reporting option, which requires the submission 
of a annual summary of shipments of pesticides shipped to each 
purchaser.
    The exporter is required to send a copy of the purchaser 
acknowledgment statement to EPA within 7 days of having shipped the 
pesticide, along with a signed statement that the shipment did not 
occur prior to receipt of the purchaser acknowledgment statement. In 
addition, if the exporter chooses to comply with the annual reporting 
option, he or she must include a statement that the FPAS is for the 
first shipment of a pesticide to a particular purchaser in a specific 
country and that the exporter will comply with the annual summary 
reporting option. Where an exporter chooses to comply with the annual 
summary reporting option, a summary must be sent after the end of the 
calendar year which lists all shipments of a particular pesticide 
shipped to a particular foreign purchaser.
    It is not required for the statement to be shipped in time for EPA 
to notify the importing country prior to arrival of the pesticide.
    Submission of a purchaser acknowledgment statement does not require 
the maintenance of any records unique to this section. All records 
needed to ensure and verify compliance with this requirement are 
required under section 8 of FIFRA.

A. Exemption of Research and Development Pesticides

    Persons claiming an exemption from the FPAS requirement for the 
export of research and development products must maintain records which 
support the R D claim for each shipment so claimed. In its policy, EPA 
has limited research claims only to shipments where it is unlikely that 
the quantity shipped could have a significant commercial use. Thus, the 
records must be sufficient to support the claim that the quantity 
shipped is only sufficient for use within the overall application 
constraints (e.g., less than 10 acres of terrestrial use) described in 
the policy.
    When a person exports a pesticide for research purposes, that 
person may support the claim of research intent/purpose by first 
securing confirmatory documentation that the recipient/purchaser 
understands that the exportation is for testing purposes only within 
the limits of the policy. This can be either in the form of 
communications received from the purchaser before or on the date of 
export or in the form of instructions sent to the purchaser before or 
on the date of export.
    Alternatively, the exporter may retain records which indicate that 
the quantity shipped is compatible with the claim that the amount sent 
is not enough to be used in applications exceeding those provided as 
exempt under the policy. Such information could include results of 
tests, citations of literature, or other information which supports the 
claim.
    At the time of shipment, the exporter must produce a record of the 
identity, amount, and date that the pesticide was shipped, the 
destination and purchaser, and the intended research use. Most of this 
information is provided in copies of or original invoice/shipping 
records normally maintained for such products. Note that records of 
shipment of pesticides are already required to be maintained under 
FIFRA section 8. Other documentation supporting research use is 
generally available as typical business practice and should not impose 
additional burden to maintain with shipping records.
    The records of shipment and confirmation of research intent must be 
maintained and made available for inspection and copying by EPA for 2 
years following the exportation of the pesticide.

B. Export Labeling

    Every exported pesticide, device and active ingredient used in 
producing a pesticide must bear a label or labeling which meets the 
requirements of FIFRA section 17(a)(1). This requirement applies to all 
such pesticides, devices, or active ingredients, regardless of whether 
the export is for commercial or research and development use.
    Compliance with the label requirements can be met by labeling 
either individual containers, or using supplemental labeling, or 
through a combination of the two. To ease the compliance burden of this 
requirement, EPA allows you to use a supplemental label as an option. 
This option allows the exporter to attach a paper with the labeling 
information to the shipping container, rather than prepare individual 
product labels.
    Exporters are also required to keep records of the product labeling 
used, including the EPA registered labeling, any foreign labeling on or 
attached to the product when shipped, and as applicable, any 
supplemental labeling used. The records shall be maintained in a manner 
that shows exactly which labels and labeling accompanied each shipment 
of a pesticide product to a foreign country.

V. What are EPA's Burden and Cost Estimates for This ICR?

    Under the 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. For this 
collection it 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; 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.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this collection of information is estimated to average 6 hours per 
response, and the following is a summary of the estimates taken from 
the ICR:
    Respondents/affected entities: Exporters of unregistered 
pesticides.
    Estimated total number of potential respondents: 2,500.
    Frequency of response: As determined by exporter.
    Estimated total annual burden hours: 24,753.
    Estimated total annual burden costs: $1,952,960.

VI. Are There Changes in the Estimates From the Last Approval?

    There was a slight increase in the respondent total since the last 
1995 ICR, from 2000 to 2500. Labor costs have been adjusted to reflect 
the current labor rates. EPA is particularly interested in receiving 
comments on these changes.

VII. What is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package 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 the ICR to OMB and the

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opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
person listed in the ``FOR FURTHER INFORMATION CONTACT'' section.

List of Subjects

    Environmental protection, Information collection requests.

    Dated: January 6, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-1026 Filed 1-19-99; 8:45 am]
BILLING CODE 6560-50-F