[Federal Register Volume 77, Number 96 (Thursday, May 17, 2012)]
[Pages 29339-29340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11951]

[[Page 29339]]



[EPA-HQ-OPP-2011-0766; FRL-9517-3]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Foreign Purchaser Acknowledgement 
Statement of Unregistered Pesticides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Foreign Purchaser 
Acknowledgement Statement of Unregistered Pesticides; EPA ICR No. 
0161.12, OMB Control No. 2070-0027. The ICR, which is abstracted below, 
describes the nature of the information collection activity and its 
expected burden and costs.

DATES: Additional comments may be submitted on or before June 18, 2012.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2011-0766, to (1) EPA online using www.regulations.gov (our preferred 
method), or by mail to: EPA Docket Center, Environmental Protection 
Agency, Office of Pesticide Programs Regulatory Public Docket (28221T), 
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB by mail 
to: Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External 
Affairs Division, (7506P), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 
347-0107; fax number: (703) 305-5884; email address: 

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On November 30, 2011 (76 FR 74051), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during 
the comment period. Any additional comments on this ICR should be 
submitted to EPA and OMB within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPP-2011-0766, which is available for online viewing at 
www.regulations.gov, or in person viewing at the OPP Regulatory Public 
Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Reading Room is 202-566-
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, confidential business information (CBI), or other information 
whose public disclosure is restricted by statute. For further 
information about the electronic docket, go to www.regulations.gov.
    Title: Foreign Purchaser Acknowledgement Statement of Unregistered 
    ICR numbers: EPA ICR No. 0161.12, OMB Control No. 2070-0027.
    ICR Status: This is a request to renew an existing approved 
collection. This ICR is scheduled to expire on July 31, 2012. Under OMB 
regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB.
    Abstract: This information collection program is designed to enable 
the Environmental Protection Agency (EPA) to provide notice to foreign 
purchasers of unregistered pesticides exported from the United States 
that the pesticide product cannot be sold in the United States. Section 
17(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) 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, and cannot be 
sold in, the United States. A copy of this statement, which is known as 
the Foreign Purchaser Acknowledgement Statement, or FPAS, must be 
transmitted to an appropriate official of the government in the 
importing country. This information is submitted in the form of annual 
or per-shipment statements to the EPA, which maintains original records 
and transmits copies, along with an explanatory letter, to appropriate 
government officials of the countries which are importing the 
    In addition to the export notification for unregistered pesticides, 
FIFRA requires that all exported pesticides include appropriate 
labeling. Export labeling requirements meet the definition of third-
party notification. In the interests of consolidating various related 
information collection requests, this ICR includes burden estimates for 
the FPAS requirement for unregistered pesticides, as well as the 
labeling requirement for all exported pesticides, both registered and 
unregistered. These burdens have been consolidated in this information 
collection since the implementation of the 1993 pesticide export policy 
governing the export of pesticides, devices, and active ingredients 
used in producing pesticides.
    Responses to the collection of information are mandatory (see 40 
CFR 168, subpart D). 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 regulations in title 40 of the CFR, after appearing in the 
Federal Register when approved, are listed in 40 CFR part 9, are 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average from 
one to eight hours per response. 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

[[Page 29340]]

information; search data sources; complete and review the collection of 
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are individuals or entities that either manufacture and export 
or that reformulate or repackage and export unregistered pesticides. 
The North American Industrial Classification System (NAICS) code 
assigned to the parties responding to this information is 325300.
    Estimated Number of Respondents: 50.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 24,470.
    Estimated Total Annual Cost: $1,461,658, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is a decrease of 22 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This decrease reflects EPA's updating of burden 
estimates for this collection based upon historical information on the 
number of foreign purchaser acknowledgement statements submitted 
annually. Based upon revised estimates, the average number of foreign 
purchaser acknowledgement statements submitted annually has decreased 
from 2,304 to 2,283, with a corresponding decrease in the associated 
burden from 2,442 hours in the previous renewal to 2,420 hours in the 
current renewal. This change is an adjustment.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-11951 Filed 5-16-12; 8:45 am]