99-6784. Renewal of Pesticide Information Collection Activities; Data Call-In for Special Review Chemicals and Registration Review Program; Request for Comments  

  • [Federal Register Volume 64, Number 56 (Wednesday, March 24, 1999)]
    [Notices]
    [Pages 14229-14231]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-6784]
    
    
    
    [[Page 14229]]
    
    =======================================================================
    -----------------------------------------------------------------------
    
    ENVIRONMENTAL PROTECTION AGENCY
    
    [OPP-00565; FRL-6046-4]
    
    
    Renewal of Pesticide Information Collection Activities; Data 
    Call-In for Special Review Chemicals and Registration Review Program; 
    Request for Comments
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Notice.
    
    -----------------------------------------------------------------------
    
    SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
    U.S.C. 3501 et seq.), this notice announces that EPA is seeking public 
    comment on the following Information Collection Request (ICR): ``Data 
    Call-In for Special Review Chemicals and Registration Review Program,'' 
    (EPA ICR No. 0922.06, OMB No. 2070-0057). This ICR involves a 
    collection activity that is currently approved and recently amended to 
    reflect the Agency's need to collect additional information to meet the 
    new requirements in the Food Quality Protection Act of 1996. 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 May 24, 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 are a 
    pesticide registrant of a pesticide product and are required to submit 
    data to support continued registration of your product. By law, EPA 
    must periodically review each pesticide registration (see section 3(g) 
    of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)). 
    The EPA may require registrants to generate and submit data to the 
    Agency when data is needed to assess whether the existing pesticide 
    registration poses an unreasonable risk to human health or the 
    environment (see section 3(c)(2)(B) of FIFRA).
        Potentially affected categories and entities may include, but are 
    not limited to the following:
    
    ----------------------------------------------------------------------------------------------------------------
                                                                                            Example of Potentially
                  Category                     NAICS Code               SIC Codes              Affected Entity
    ----------------------------------------------------------------------------------------------------------------
    Pesticide and other agricultural     325320                  286--Industrial         Pesticide registrants
     chemical manufacturing                                       organic chemicals
                                                                 287--Agricultural
                                                                  chemicals
    ----------------------------------------------------------------------------------------------------------------
    
        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. You or your business are affected by this action if you have 
    registered a pesticide with the Agency pursuant to 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 6056 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-00565 (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 
    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-00565, 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
    
    [[Page 14230]]
    
    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-00565. 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 estimates provided, 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.
         Provide specific examples to illustrate your concerns.
         Offer alternative ways to improve the 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 appropriate EPA and OMB ICR 
    numbers.
    
    IV. What Information Collection Activity or ICR Does This Notice 
    Apply To?
    
        EPA is seeking comments on the following ICR:
        Title: Data Call-In for Special Review Chemicals and Registration 
    Review Program.
        ICR numbers: EPA ICR No. 0922.06, OMB No. 2070-0057.
        ICR status: This ICR is currently scheduled to expire on March 31, 
    1999, but EPA intends to seek a 90 day extension to ensure that there 
    is adequate time to review comments. An agency may not conduct or 
    sponsor, and a person is not required to respond to a collection of 
    information that is subject to approval under the PRA, 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: This ICR has been amended to include two information 
    collection programs: the Special Review Program and the Registration 
    Review Program. The Special Review program is part of the existing ICR 
    while the Registration Review Program is being added to the ICR with 
    this renewal. The Registration Review Program was created by the Food 
    Quality Protection Act in 1996. Under the new Registration Review 
    Program, EPA must periodically review all pesticide registrations (see 
    section 3(g) of FIFRA). Therefore, continued registration of all 
    pesticides, regardless of whether a hazard or potential hazard is 
    identified, requires that the Agency obtain additional data, if 
    necessary, and assess all the information to determine whether a 
    registration should continue. Language in FIFRA suggests that EPA 
    review registrations at least once every 15 years. The Agency will 
    establish procedural regulations for scheduling registration review as 
    mandated under the new provisions of FIFRA. EPA believes that there are 
    certain similarities between the information collection in the 
    Registration Review Program and the information collection in the 
    Special Review Program. Since both collections derive their authority 
    and procedures from FIFRA section 3(c)(2)(B), which allows EPA to 
    collect information related to the maintenance of an existing pesticide 
    registration, and both collections are based, in part, on concerns 
    about potential hazard, EPA believes both information collection 
    activities should be covered in the same ICR.
        The EPA is responsible for the registration of pesticides as 
    mandated by FIFRA. Currently, as part of the on-going administrative 
    process under section 6 of FIFRA, registrants are required to submit 
    additional information to EPA regarding unreasonable adverse effects on 
    the environment from the use of the pesticide. EPA may also determine 
    that additional information is needed from the registrant to maintain 
    an existing registration. When the Agency identifies a hazard or a 
    potential hazard from the use of a pesticide that was not known at the 
    time of registration, this information collection is used in the 
    Special Review Program to determine whether regulatory actions are 
    needed. This information collection program is separate from the 
    information collection program described in the ICR entitled ``Data 
    Generation for Reregistration.'' The information collection activity 
    described in that ICR results from implementation of the FIFRA 
    Amendments of 1988 (i.e., section 4 of FIFRA) and focuses on the new 
    collection of information necessary to reregister pesticides which were 
    registered before 1984. The reregistration program is expected to be 
    completed by 2006.
        Under both the Special Review Program and the Registration Review 
    Program, EPA may require registrants to generate and submit data to the 
    Agency when data is needed to assess whether the existing pesticide 
    registration poses an unreasonable risk to human health or the 
    environment. When the need for additional information/data occurs, the
    
    [[Page 14231]]
    
    Agency's Office of Pesticide Programs (OPP) will issue a data call-in 
    (DCI) to obtain the necessary data from the registrant. Agency 
    scientists and analysts integrate the new data received from the 
    registrant with the existing data in EPA's files. All relevant 
    information is reviewed to assess the potential risks and benefits 
    associated with the use of the pesticide. If it is determined that 
    regulatory actions are needed, the Agency will act accordingly.
        The types of data that may be requested by this ICR will depend on 
    whether certain information on the pesticide chemical is lacking in the 
    current data base. However, the types of data that can be the subject 
    of a data call-in are categorized into various divisions and listed in 
    40 CFR part 158. These categories are:
         Product Chemistry
         Residue Chemistry
         Environmental Fate
         Toxicology
         Reentry Protection
         Spray Drift
         Wildlife and Aquatic Organisms
         Plant Protection
         Nontarget Insect
         Product Performance
         Biochemical Pesticides
         Microbial Pesticides
        In addition to these types of data, special studies could be 
    required to support continued registration. These special studies would 
    be based on the particular characteristics of a particular pesticide 
    product, and would be made on a case-by-case basis.
        OPP will issue a data call-in for a pesticide chemical only after 
    it reviews the available data and determines that the information is 
    not sufficient to satisfy the statutory requirements for continued 
    registration. Even after OPP has completed its review and has 
    determined that additional data must be called-in, registrants are 
    given the opportunity to request a waiver if they believe that OPP can 
    properly evaluate the risks of their pesticide chemicals without 
    additional data. OPP will review each waiver request individually.
    
    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 amend this list as 
    appropriate, but use these terms; 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 
    the Special Review Program portion of this information collection is 
    estimated to average 920 hours per response and the annual public 
    burden for the Registration Review Program portion of this information 
    collection is estimated to average 1,063 hours per response. The 
    following is a summary of the total estimates taken from the ICR:
        Respondents/affected entities: Pesticide registrants.
        Estimated total number of potential respondents: 4 to 60.
        Frequency of response: As needed only when specific data is 
    required.
        Estimated total/average number of responses for each respondent: 2 
    to 40.
        Estimated total annual burden hours: 7,360 to 63,800.
        Estimated total annual burden costs: $616,096 to $5.46 million.
    
    VI. Are There Changes in the Estimates From the Last Approval?
    
        Yes. This ICR is being amended to include the information 
    collection activities attributable to the Registration Review Program. 
    This program was authorized in the 1996 amendments to FIFRA and are 
    being incorporated into this ICR because the information collection 
    activities are similar and both collections derive their authority and 
    procedures from FIFRA section 3(c)(2)(B). EPA is particularly 
    interested in receiving comments on the changes related to this 
    incorporation and the burden estimates for this new program.
    
    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 1320.10. 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 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: March 12, 1999.
    
    Susan H. Wayland,
    
    Acting Assistant Administrator for Prevention, Pesticides and Toxic 
    Substances.
    
    [FR Doc. 99-6784 Filed 3-23-99; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
03/24/1999
Department:
Environmental Protection Agency
Entry Type:
Notice
Action:
Notice.
Document Number:
99-6784
Dates:
Written comments must be received on or before May 24, 1999.
Pages:
14229-14231 (3 pages)
Docket Numbers:
OPP-00565, FRL-6046-4
PDF File:
99-6784.pdf