[Federal Register Volume 64, Number 12 (Wednesday, January 20, 1999)]
[Notices]
[Pages 3086-3088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1028]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00566; FRL-6046-5]


Renewal of Pesticide Information Collection Activities; Notice of 
Pesticide Registration By States To Meet A Special Local Need; Request 
for Comments

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.), this notice announces that the Environmental 
Protection Agency (EPA) is seeking public comment on the following 
Information Collection Request (ICR): ``Notice of Pesticide 
Registration by States to Meet a Special Local Need, Section 24(c)'' 
(EPA ICR No. 0595.07; OMB No. 2070-0055). 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: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply To Me?

    This notice applies to any state exercising authority to register 
additional uses of federally registered pesticides for distribution and 
use within the state to meet a special local need pursuant to the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 
24(c). The term ``state'' includes a state, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust 
Territory of the Pacific Islands and American Samoa.
    Potentially affected categories include:

----------------------------------------------------------------------------------------------------------------
                                                                                        Example of Potentially
              Category                     NAICS Code               SIC Code               Affected Entity
----------------------------------------------------------------------------------------------------------------
State agencies/governments           923120                  9431                    State Agencies issuing
                                                                                      state registration for
                                                                                      additional uses of
                                                                                      federally registered
                                                                                      pesticides to be used
                                                                                      within the state.
----------------------------------------------------------------------------------------------------------------

    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 6057 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-00566 (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-00566, 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: [email protected]. Please note that you should not 
submit any

[[Page 3087]]

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-00566. 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: Renewal of Pesticide Information Collection Activities; 
Notice of Pesticide Registration by States to Meet a Special Local 
Need, Section 24(c).
    ICR numbers: EPA ICR No. 0595.07; OMB No. 2070-0055.
    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 24(c) also authorizes States 
to register additional uses of federally registered pesticides for 
distribution and use within their boarders to meet a special local need 
(SNL). 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. To support a special need registration all applicants 
must submit to the state basic pesticide product information including:
    1. Name and address of the applicant and any other person whose 
name will appear on the labeling or in the directions for use.
    2. The name of the pesticide product, and, if the application is 
for an amendment to a federally registered product, the EPA 
registration number of that product.
    3. A copy of the proposed labeling, including all claims made for 
the product as well as directions for its use to meet the special local 
need consisting of:
    i. For a new product, a copy of the complete proposed labeling.
    ii. For an additional use of a federally registered product, a copy 
of proposed supplemental labeling and a copy of the labeling for the 
federally registered product.
    iii. If a state classifies for restricted use of a product or use, 
which is not required to be so classified under FIFRA, supplemental 
labeling for the product or use containing additional appropriate 
precautions, and a statement that the product or use is for restricted 
use within the state may be required.
    4. The complete formula of the product, if the application is for a 
new product registration.
    5. Any other information that is required to be reviewed prior to 
registration.
    Once a state issues a SLN registration, the label of the pesticide 
product must contain:
    1. A statement identifying the state where registration is to be 
valid.
    2. The special local need registration number assigned by the 
state.
    3. For an additional use of a federally registered product, the 
state must require that at the time of sale, labeling from the 
federally registered product be accompanied by supplemental labeling.
    To ensure that the states do not issue any registrations that might 
conflict with other requirements in FIFRA, or with section 408 or 409 
of the Federal Food, Drug, and Cosmetic Act (FFDCA) which requires that 
a tolerance exist for any pesticide used on a food or feed commodity. 
FIFRA section 24(c)(3) allows the EPA to determine whether or not a 
state issued registration is inconsistent with the FFDCA or if the use 
of a pesticide registered by the state

[[Page 3088]]

constitutes an imminent hazard. To make such a determination the EPA 
requires states to submit EPA Form 8570-25:
    1. Within 10 working days from the date a state issues, amends or 
revokes a registration, the state is required to notify the EPA, in 
writing, of the action. Notification of state registrations, or 
amendments thereto, shall include:
    i. Effective date of the registration or amendment.
    ii. Confidential statement of the formula of any new product.
    iii. A copy of the draft labeling reviewed and approved by the 
state, provided that labeling previously approved by the Administrator 
as part of a federal registration need not be submitted.
    2. Notification of state registrations or amendments shall be 
supplemented by the state sending to the EPA a copy of the final 
printed labeling approved by the state within 60 days after the 
effective date of the registration or amendment.
    3. Notification of revocation of a registration by a state shall 
indicate the effective date of revocation and shall state the reasons 
for revocation.
    4. The Agency may request, when appropriate, that a state submit 
any data used by the state to determine that unreasonable adverse 
effects will not be caused.
    The Agency has 90 days to determine whether the SLN registration 
should be disapproved. If the SLN is disapproved, the state is 
responsible for notifying the affected registrant.

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 12.5 hours per 
response. The following is a summary of the estimates taken from the 
ICR:
    Respondents/affected entities: States.
    Estimated total number of potential respondents: 550.
    Frequency of response: Determined by the state.
    Estimated total/average number of responses for each respondent: 
9.8.
    Estimated total annual burden hours: 6,875.
    Estimated total annual burden costs: $521,950.

VI. Are There Changes in the Estimates From the Last Approval?

    The number of applications made by the states since the renewal of 
the last ICR has not changed, and no changes have been made in the 
requirements for section 24(c) applications.

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 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. 99-1028 Filed 1-19-99; 8:45 am]
BILLING CODE 6560-50-F