[Federal Register Volume 60, Number 188 (Thursday, September 28, 1995)]
[Notices]
[Pages 50200-50201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24038]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5305-3]


Agency Information Collection Activities Up for Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) listed below is coming up for renewal. Before submitting the 
renewal package to the Office of Management and Budget (OMB), EPA is 
soliciting comments on specific aspects of the collection as described 
below.

DATES: Comments must be submitted on or before November 27, 1995.

ADDRESSES: Office of Enforcement and Compliance Assurance, Office of 
Compliance, Agriculture and Ecosystems Division, Agriculture Branch 
(2225A), 401 M Street, SW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Phyllis Flaherty, Chief, Agriculture 
Branch, 202-564-4131/202-564-0028/Steve Howie, 202-564-4146/202-564-
0028.

SUPPLEMENTARY INFORMATION:
    Affected entities: This action affects domestic and foreign 
entities which manufacture or produce pesticide products.
    Title: Application for Registration of Pesticide-Producing 
Establishment (EPA Form 3540-8) and Pesticides Report for Pesticide-
Producing Establishments (EPA Form 3540-16), OMB No. 2070-0078, 
Expiration Date: 02/28/96.
    Abstract: The U.S. Environmental Protection Agency (EPA) must 
collect information on pesticide-producing establishments in order to 
meet the statutory requirements of Section 7 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA requires 
producers of pesticide products, active ingredients, and devices to 
register their establishments with EPA and to submit an annual report 
on the types and amounts of products produced.
    Section 7(b) of FIFRA requires that any person who manufactures 
pesticides or active ingredients subject to the Act must register the 
establishment in which the pesticide is produced with the Administrator 
of EPA. This section further requires that the application for 
registration of any establishment shall include the name and address of 
the establishment and of the producer who operates such an 
establishment. EPA Form 3540-8, Application for Registration of 
Pesticide-Producing Establishment, is used to collect the establishment 
registration information required by this section.
    FIFRA Section 7(c) requires that any producer operating an 
establishment registered under Section 7 report to the Administrator 30 
days after it is registered and annually thereafter. Producers must 
report which types and amounts of pesticides, active ingredients, or 
devices are currently being produced, were produced during the past 
year, and were sold or distributed in the past year. 40 CFR Part 167 
outlines the requirements and time schedules for submitting production 
information. EPA Form 3540-16, Pesticides Report for Pesticide 
Producing Establishments, is used to 

[[Page 50201]]
collect the pesticide production information required by Section 7(c) 
of FIFRA.
    The purpose of this reporting requirement is to obtain pesticide 
production information, to maintain current and complete records of the 
locations of all pesticide-producing establishments. This information 
provides an overview of establishments engaged in pesticide activities 
and allows the Agency to target establishments for inspections with 
optimal utilization of limited inspection resources. Such production 
information permits EPA to trace ineffective, contaminated, or 
otherwise violative products to their source, and minimizes any adverse 
environmental impact that might arise from the production or 
distribution of violative products. In addition, the information is 
used extensively by the Agency, the USDA, the FDA, and other Federal 
agencies for various other purposes, such as risk/benefit analyses.
    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 are displayed in 40 CFR Part 9. The EPA would like to 
solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.

Estimating the Burden and Cost of the Collection

Estimating Respondent Burden

    The estimates for 3540-8 are based on discussions with the 
industry. The one-time submission of information is of such a nature as 
to demand no research of company records or calculations; it is easily 
completed by clerical personnel and reviewed and signed by a company 
officer. The completion of the application rarely exceeds 30 minutes. 
Burden estimates for Form 3540-16 are based on the results of 
interviews with a cross-section of industry respondents. We asked six 
industry representatives of the respondent universe--small businesses, 
firms with multiple establishments, and repackagers--to estimate the 
amount of time they typically spent gathering, compiling, and filling 
out information for the report. From these interviews we learned that 
generally, the information is already assembled and compiled so filling 
out the form is very easy.

Estimating Respondent Cost

    Since the regulation and associated information collection has a 
minor economic impact on respondents, a regulatory impact analysis was 
not conducted. Estimates of labor rates and associated costs are based 
on the Comprehensive Assessment and Information Rule economic analysis, 
which measured costs to the same industry affected by our collection. 
The estimated hourly labor rates are as follows: management @ $60.00, 
technical @ $34.00, and clerical @ $15.00.

Estimating Agency Burden and Cost

    The costs to the Government for Form 3540-8 are based on one work-
year to review and process applications at an average GS-11 step 1 
grade, plus 10.4% estimated overhead costs. Other direct costs are 
limited to printing costs for instructions and reporting forms. The 
number of respondents are estimated based on the average annual number 
of applicants registering establishments over the past three years.
    The costs to the Government for Form 3540-16 are based on one work-
year to review and process production reports, at an average GS-11 step 
1 grade, plus 10.4% overhead costs. Other direct costs are limited to 
printing costs for instructions and reporting forms. The number of 
respondents is the number of active pesticide-producing establishments 
registered with EPA.

Bottom Line Burden Hours and Costs

    The estimates for respondent burden hours and costs for Forms 3540-
8 and Form 3540-16 are discussed below. The annual burden costs for 
respondents associated with the submission of this information for EPA 
Form 3540-8 (Application for Registration of Pesticide-Producing 
Establishment) consist of: reading instructions, compiling information, 
completing forms provided by EPA, recording and storing copies of the 
submitted information. The total time associated with this effort is 
one-half hour, times approximately 700 respondents, which equals 210 
hours at an annual cost of $4725.00.
    The annual burden costs for respondents associated with the 
submission of this information for EPA form 3540-16 (Pesticides Report 
for Pesticide-Producing Establishments) consists of: reading 
instructions, planning and gathering information for the collection, 
inputting information on the reporting form, and storing the 
information. The total time associated with this effort is one-hour and 
thirty-three minutes for a cost of $36.45, times the number of 
respondents (12,382), for an annual cost of $451,323.90.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.
    Dated: September 22, 1995.

Elaine S. Stanley,
Director, Office of Compliance, Office of Enforcement and Compliance 
Assurance.
[FR Doc. 95-24038 Filed 9-27-95; 8:45 am]
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