[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: smoot.cameo@epa.gov.
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:
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Examples of Potentially
Category NAICS Code SIC Codes Affected Entities
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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
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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: opp-docket@epa.gov. 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
[[Page 3085]]
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
