[Federal Register Volume 60, Number 189 (Friday, September 29, 1995)]
[Notices]
[Pages 50577-50579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24287]



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ENVIRONMENTAL PROTECTION AGENCY
[OPP-00417; FRL-4982-3]


Renewal of Agency Information Collection Activities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that three Information Collection 
Requests (ICR) are coming up for renewal. These ICRs are: Data Call-In 
for Special Review Chemicals (ICR No. 922.04), Export Policy: Foreign 
Purchaser Acknowledgement Statements (ICR No. 161.06), and Notice of 
Pesticide Registration by States to Meet a Special Local Need (ICR No. 
595.05). Before submitting the renewal packages to the Office of 
Management and Budget (OMB), EPA is soliciting comments on specific 
aspects of the collections as described below.

DATES: Comments must be submitted on or before November 28, 1995.

ADDRESSES: Submit written comments identified by the docket number OPP-
00417 and the appropriate ICR number by mail to: Public Response 
Section, Field Operations Division (7506C), Office of Pesticide 
Programs, Environmental Protection Agency, 401 M St., SW., Washington, 
DC 20460; In person, bring comments directly to the OPP docket which is 
located in Rm. 1132 of Crystal Mall #2, 1921 Jefferson Davis Highway, 
Arlington, VA. 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.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect in 5.1 file format or 5.1 file format 
or ASCII file format. All comments and data in electronic form must be 
identified by the docket number ``OPP-00417'' and the appropriate ICR 
number. No Confidential Business Information (CBI) should be submitted 
through e-mail. Electronic comments on this document may be filed 
online at many Federal Depository Libraries. Additional information on 
electronic submissions can be found in Unit III. of this document.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part of 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 may be disclosed publicly 
by EPA without prior notice. All written comments will be available for 
public inspection in Rm. 1132 at the Virginia address given above from 
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT:

Carol Peterson, Policy and Special Projects Staff, office of Pesticide 
Programs, Environmental Protection Agency, Mail Code (7501 C), 401 M 
St., SW., Washington, DC 20460, Telephone: (703) 305-6598, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

    Electronic Availability: Electronic copies of each ICR are 
available from the EPA Public Access Gopher (gopher.epa.gov) at the 
Environmental Sub-Set entry for this document under ``Rules and 
Regulations.''

I. Information Collection Requests

    EPA is seeking comments on the following Information Collection 
Requests (ICRs).
    Title: Data Call-In for Special Review Chemicals. ICR No. 922.04. 
OMB No. 2070-0057. Expiration date: March 31, 1996.
    Affected Entities: Parties affected by this information collection 
are manufacturers of pesticide chemicals.
    Abstract: The Federal Insecticide, Fungicide, and Rodenticide Act 
as amended (FIFRA) mandates that EPA register pesticide products. Under 
FIFRA, EPA may require pesticide registrants to generate and submit 
data to the Agency where such data are needed to assess whether 
registration of an existing pesticide causes an unreasonable adverse 
effect on human health or the environment. Pesticide registrants must 
generate and report the required data.
    The purpose of this information collection activity is for EPA's 
Office of Pesticide Programs (OPP) to obtain data to assess whether 
certain pesticides pose unreasonable adverse effects on human health or 
the environment, and therefore should continue to be registered. Data 
may consist of toxicology studies, fish and wildlife studies, 
environmental fate studies, chemistry studies, or other data needed to 
analyze the potential risks and benefits associated with pesticide 
chemicals. EPA gathers much of the additional information needed to 
reassess a chemical by requesting data from the registrant under FIFRA 
section 3(c)(2)(B).
    No third party notification or public disclosure burden is 
associated with this collection.
    Burden Statement: The current total annual respondent burden 
estimate is 58,880 hours. The current ICR estimated 8 Special Review 
Data Call-Ins (DCIs) and 64 respondents annually; included in the 
renewal the Agency predicts an average of 4 Special Review DCIs and 32 
respondents annually. This revised prediction reduces the total burden 
estimates to 29,440 hours annually. Each respondent is required to 
respond only once per event. Small businesses are generally exempt from 
generating data on purchased registered active ingredients. Most small 
entities are formulators, who need only respond to a data call-in for 
basic data by indicating a legitimate claim for exemption. They do not 
incur any other information burden associated with the call-in.
    Title: Export Policy: Foreign Purchaser Acknowledgement Statement 
of Unregistered Pesticides. ICR No. 161.06. OMB No. 2070-0027. 
Expiration date: March 31, 1996.
    Affected Entities: Parties affected by this action are exporters of 
pesticides.
    Abstract: Section 17 of FIFRA requires an exporter of any pesticide 
not registered under FIFRA 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 

[[Page 50578]]
States. The purpose of the foreign purchaser acknowledgement statement 
(FPAS) requirement is to allow EPA to notify the government of the 
importing country that an unregistered pesticide for which no hazard 
assessment has been made, will be imported into that country. This 
information is submitted in the form of annual of per-shipment 
statements to EPA, which maintains original records and transmits 
copies thereof to appropriate government officials of the countries 
which are importing the pesticides.
    EPA is also including in this renewal of the ICR an estimate of the 
burden imposed by export labeling requirements, which meet the 
definition of third party labeling. The labeling requirement may be met 
by supplemental labeling attached to either the product container or 
the shipping container.
    Burden Statement: The burden for this information collection 
reflects EPA's experience implementing the 1993 pesticide export policy 
governing the export of pesticides, devices, and active ingredients 
used in producing pesticides. EPA revised the information collection 
estimates to reflect the actual numbers of export notifications 
received under the policy. This ICR renewal includes an increased 
burden estimate of 2,167 hours for the submission of the FPAS, which is 
1,273 hours higher than in the current ICR. The 2,167 hours is based on 
the approximately 2,000 notices annually received pursuant to the 
export policy. The ICR for the export policy had a burden estimate of 
1,057 hours, based upon an estimated 976 notices annually.
    The previous ICR did not estimate the respondent burden of the 
export labeling requirement, because an estimate of third-party 
notification burden was not required at that time. The labeling burden 
for the estimated 3,600 annually exported products is estimated to be 
22,050 hours.
    The total estimated burden for this ICR renewal is 24,217 hours. 
The change in respondent burden from the current 894 hours is due to 
two factors: (1) EPA has revised the burden estimate for the purchaser 
acknowledgement requirement to reflect the numbers of FPASs submitted 
to EPA under the revised policy; (2) EPA has also estimated the burden 
imposed by the export labeling requirement, due to the new requirement 
in the Paperwork Reduction Act to estimate the cost of third party 
notifications.
    Title: Notice of Pesticide Registration by States to Meet a Special 
Local Need (SLN) under FIFRA Section 24(c). ICR No. 595.05. OMB No. 
2070-0055. Expiration date: April 30, 1996.
    Affected Entities: Parties affected by this collection activity are 
the States which are defined to include Washington, DC, Puerto Rico, 
the U.S. Virgin Islands, Guam and the islands of the Pacific Territory, 
and American Samoa; manufacturers of pesticide chemicals; and grower 
groups.
    Abstract: FIFRA section 24(c) authorizes the States to register 
additional uses of federally registered pesticides for distribution and 
use within the State to meet a special local need. A state-issued 
registration under FIFRA section 24(c) is deemed a federal 
registration,for the purposes of the pesticide's use within the State's 
boundaries. A State must notify EPA, in writing, of any action it 
takes, i.e., issues, amends, or revokes, a state-registration. The 
Agency has 90 days to disapprove the registration. In such cases, the 
State is responsible for notifying the affected registrant. EPA 
requires this information to ensure that the States do not issue any 
registration that might conflict with other requirements in FIFRA, or 
with the Federal Food, Drug, and Cosmetic Act which require that 
tolerance exist for any pesticide used on a food or feed commodity. The 
States are required by federal regulation to collect from the 
manufacturer, or grower group, adequate information to support the 
section 24(c) application for registration or amendment. Both the State 
and the manufacturer or grower group are required to keep records for 
as long as the registration is active. In this case, the manufacturer, 
or grower group, represents a third party. The information collected 
from the third party is required to obtain a benefit, while that 
collected from the States by EPA is mandatory.
    Burden Statement: The overall respondent burden hours associated 
with this collection has increased from the current ICR estimate of 
1,375 hours to 38,775 hours per year. This change is the result of new 
requirements imposed to include third party notification and 
recordkeeping estimates in the tally. The respondents include both the 
State governments and the company, or grower group, filing for a state 
registration. The number of applications made by the States since the 
last ICR has not changed, and no changes have been made in the 
requirements for section 24(c) applications. Costs have increased due 
to more realistic labor rates supplied by the Bureau of Labor 
Statistics, which reflect more accurately the costs borne by the 
registrants and State government personnel who submit 24(c) 
applications.
    The annual respondent burden for this program is estimated to 
average 70.5 hours per response, including time for: Compiling the 
information/data submitted by the registrant, reviewing the information 
for special local needs determination, completing paperwork to notify 
the federal government, storing/filing/maintaining the data, and 
responding back to the registrant if the registration is disapproved by 
EPA. In addition, the burden includes that incurred by the applicant 
(third party) for data gathering, reporting and recordkeeping purposes.
    Any 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 contained in 40 CFR part 9.

II. Request for Comments

    EPA solicits 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 estimates of the burden 
of the proposed collection of information.
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected.
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies of other forms of information 
technology, e.g., permitting electronic submission of responses.

III. Public Docket

    A record has been established for this action under docket number 
``OPP-00417'' (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 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The public 
record is located in Rm. 1132 of the Pubic Response and Program 
Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall #2, 
1921 Jefferson Davis Highway, Arlington, VA.

[[Page 50579]]

    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.
    The official record for this action, as well as the public version, 
as described above will be kept in paper form. Accordingly, EPA will 
transfer all comments received electronically into printed, paper form 
as they are received and will place the paper copies in the official 
record which will also include all comments submitted directly in 
writing. The official record is the paper record maintained at the 
address in ADDRESSES at the beginning of this document.

List of Subjects

    Environmental protection and Information collection requests.

    Dated: September 25, 1995.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 95-24287 Filed 9-28-95; 8:45 am]
BILLING CODE 6560-50-M