[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15840-15841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8209]
[[Page 15840]]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-00528; FRL-5778-1]
Renewal of Pesticide Information Collection Activities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces a proposed revision in the burden
estimates for the Information Collection Request (ICR) entitled
``Certification of Pesticide Applicators,'' (EPA ICR No. 0155.06, OMB
No. 2070-0029). In accordance with the Paperwork Reduction Act, the
Office of Management and Budget renewed the approval for the ICR on
September 30, 1997, with specific ``terms of clearance.'' The ``terms
of clearance'' specify that EPA should solicit public comments on the
revised burden estimates for the collection as described below, in
particular the Agency's proposal to consider the information required
to be maintained by the pesticide applicator, as information that would
be maintained as part of customary business practices even without the
requirement. If this information is maintained as part of customary and
usual practices, the Agency can deduct the burden from the ICR. The
Agency will evaluate comments recieved on these assumptions regarding
this information and will submit changes, if any, to OMB in order to
justify revising the ICR.
DATES: Comments must be submitted on or before June 1, 1998.
ADDRESSES: By mail, submit written comments to: 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. In person, deliver comments to:
Rm. 119, CM #2, 1921 Jefferson Davis Highway, Arlington, VA.
Comments and data may also be submitted electronically to: docket@epamail.epa.gov. Follow the instructions under Unit III. of this
document. No Confidential Business Information (CBI) should be
submitted through e-mail.
Information submitted as a comment concerning this document may be
claimed confidential 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 be submitted for inclusion in the public
record. Information not marked confidential will be included in the
public docket by EPA without prior notice. The public docket is
available for public inspection in Rm. 119 at the Virginia address
given above, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding
legal holidays.
Copies of the complete ICR and accompanying appendices may be
obtained from the OPP docket at the above address or by contacting the
person whose name appears under FOR FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Ellen Kramer, Policy and Special
Projects Staff, Office of Pesticide Programs, Environmental Protection
Agency, Mail Code (7501C), 401 M St., SW., Washington, DC 20460,
Telephone: (703) 305-6475, e-mail: kramer.ellen@epamail.epa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Availability:
Internet
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/).
Fax-on-Demand
Using a faxphone call 202-401-0527 and select item 6053 for a copy
of the ICR.
I. Information Collection Requests
Request: EPA is seeking specific comments on the revised burden
estimates for the following Information Collection Request (ICR).
Title: Certification of Pesticide Applicators (40 CFR part 171).
ICR numbers: OMB No. 2070-0029, EPA ICR No. 0155.06.
Expiration date: This ICR is scheduled to expire on September 30,
2000. Should EPA amend the burden estimates, this date will not change.
Affected entities: Parties affected by this information collection
are certified pesticide applicators who require certification to apply
restricted use pesticides, and States, Indian tribes, and Federal
agencies with EPA-approved certification plans.
Abstract: The Federal Insecticide, Fungicide, and Rodenticide Act
allows a pesticide to be classified as ``restricted use'' if the
pesticide meets certain criteria, one of which is toxicity. Restricted
use pesticides, because of their potential to harm people or the
environment, may be applied only by a certified applicator or someone
under the direct supervision of a certified applicator. In order to
become a certified applicator, a person must meet certain standards of
competency. The primary mechanism for certifying pesticide applicators
is through State certification plans that are approved by EPA. 40 CFR
part 171 establishes the criteria for State and EPA-administered
certification plans. In addition, these regulations establish criteria
for certification plans from Federal agencies or Indian tribes who wish
to develop their own program in lieu of using State certification
programs.
The recordkeeping and reporting requirements in these regulations
allow the Agency to ensure that restricted use pesticides are used only
by or under the direct supervision of properly trained and certified
applicators, and to monitor the application of restricted use
pesticides.
Proposed change: EPA's requirements for commercial applicators
consist mostly of information that is already maintained by these
businesses as a part of their ordinary and customary business
practices. Specifically, EPA requires commercial applicators to
maintain the following information specified in Sec. 171.11(c)(7)(i)(A)
through (c)(7)(i)(H): the name and address of the person for whom the
pesticide was applied; the location of the application, the target
pest(s); the specific crop or commodity, as appropriate, and the site
to which the pesticide was applied; the year, month, day, and time of
the application; the name and EPA registration number of the pesticide
applied; the amount applied and percentage active ingredient per unit
of pesticide used; and the type and amount of the left over pesticide
disposed of, the method and location of the disposal. The information
is to be retained for at least 2 years and is only made available upon
request by state or EPA authorized officials.
EPA believes that this information is basic information about the
customer and the service provided, which would normally be maintained
by a commercial applicator even if there was not a requirement to do
so. This information essentially documents the business transaction for
the commercial applicator, providing a record that the commercial
applicator may use for regular billing and referencing purposes, as
well as to respond to basic questions from the customer. Although
previous ICRs have included a burden estimate for this recordkeeping
requirement and the Agency has always asserted that this information
would be maintained anyway, the revised Paperwork Reduction Act
regulations at 5 CFR 1320.3(b)(2) allows for this requirement
[[Page 15841]]
to be excluded from the ``burden'' estimates if the Agency can
demonstrate that the respondents would maintain this information even
if not required to do so. Please note that removing the burden from the
ICR does not affect the requirement itself. Certified applicators are
still required to maintain this information.
Burden statement: The annual respondent burden for this program for
certified applicators was originally estimated to average 3.5 hours for
recordkeeping and 10 minutes for completing applicator certification
forms. The Agency is proposing to eliminate the average annual burden
estimate of 3.0 hours and the associated cost of $36 per certified
applicator, which was previously included in this ICR for the estimated
330,000 commercial applicators and firms that are required to maintain
these records. Therefore, the revised burden estimate for certified
applicators would be 30 minutes for recordkeeping and 10 minutes for
certification forms. For a total revised burden of 40 minutes which
represents a reduction of 3 hours related to the recordkeeping.
According to the Paperwork Reduction Act, ``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; processing and maintaining information, and
disclosing and providing information; complete and review the
collection of information; and transmit or otherwise disclose the
information. 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, after initial display in the final rule, are listed in 40
CFR part 9.
II. Request for Comments
EPA solicits comments to:
1. Evaluate whether the proposed collection of information
described above is ``usual and customary'' information that certified
applicators maintain for their business. If not, identify the item(s)
that are not part of ``usual and customary'' information.
2. Evaluate the accuracy of the Agency's revised estimate of the
burden of the proposed collection of information for certified
applicators, including the validity of the methodology and assumptions.
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 permitting electronic submission of
responses.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Director, OPPE Regulatory Information Division, Mail Code
2137, U.S. Environmental Protection Agency, 401 M St., SW., Washington,
DC 20460. Include the OMB control number in any correspondence, but do
not submit the form or report to this address. The actual information
or form should be submitted in accordance with the instructions
accompanying the information or form, specified in the corresponding
regulation.
Send comments regarding these matters, or any other aspect of this
information collection, including suggestions for reducing the burdens,
to the docket under ADDRESSES listed above.
III. Public Record and Electronic Submissions
The official record for this document, as well as the public
version, has been established for this document under docket control
number ``OPP-00528'' (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 CBI, is available for inspection
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The official rulemaking record is located at the Virginia
address in ``ADDRESSES'' at the beginning of this document.
Electronic comments can be sent directly to EPA at:
opp-docket@epamail.epa.gov
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-00528.'' Electronic comments on this
document may be filed online at many Federal Depository Libraries.
List of Subjects
Environmental protection and Information collection requests.
Dated: March 23, 1998.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 98-8209 Filed 3-31-98; 8:45 am]
BILLING CODE 6560-50-F
