[Federal Register Volume 64, Number 41 (Wednesday, March 3, 1999)]
[Notices]
[Pages 10290-10293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5243]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00582; FRL-6059-1]


Federal Insecticide, Fungicide, and Rodenticide Act Section 29 
Annual Report on Conditional Registrations; Renewal of Pesticide 
Information Collection Activities and 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 EPA is seeking public 
comment on the following Information Collection Request (ICR): 
``Federal Insecticide, Fungicide, and Rodenticide Act Section 29 Annual 
Report on Conditional Registrations'' (EPA ICR No. 0601.06, OMB No. 
2070-0026). This ICR involves a collection activity that is currently 
approved. The ICR describes the nature of the information collection 
activity and its expected burden and costs. Before submitting this ICR 
to the

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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 3, 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?

    You may be potentially affected by this notice if you are a 
pesticide registrant with a conditional pesticide registration or you 
have submitted an application for a conditional registration of your 
product. EPA may issue conditional registrations for pesticides 
containing an active ingredient not contained in any currently 
registered pesticide for a period reasonably sufficient for the 
generation and submission of data. By law, on an annual basis, EPA must 
report to Congress by February 16 of each year the total number of 
conditional registrations and applications for conditional registration 
the Agency has considered pursuant to section 3(c)(7)(B) and 3(c)(7)(C) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 
While most of the data for the reporting requirement is obtained from 
Agency files, information related to the production volume of a 
pesticide product must be collected from the registrants. Potentially 
affected categories and entities may include, but are not limited to 
the following:


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                                                                                       Examples of Potentially
              Category                     NAICS Code               SIC Codes             Affected Entities
----------------------------------------------------------------------------------------------------------------
Pesticide and other agricultural     325320                  286--Industrial         Pesticide registrants
 chemical manufacturing                                       organic chemicals       holding a conditional
                                                                                      registration or applicants
                                                                                      for a conditional
                                                                                      pesticide registration
                                                             287--Agricultural
                                                              chemicals
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    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 
a conditional pesticide registration with the Agency. 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 6059 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-00582 (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-00582, 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 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-00582. 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

[[Page 10292]]

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 the 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: Federal Insecticide, Fungicide, and Rodenticide Act Section 
29 Annual Report on Conditional Registrations.
    ICR numbers: EPA ICR No. 0601.06, OMB No. 2070-0026.
    ICR status: This ICR is currently scheduled to expire on June 30, 
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. FIFRA section 29 requires the EPA Administrator to 
submit an annual report to Congress before February 16 of each year. 
The section 29 report is to include the total number of applications 
for conditional registration under section 3(c)(7)(B) and 3(c)(7)(C) of 
the FIFRA Act that were filed during the previous fiscal year, and, 
with respect to those applications approved, the Administrator's 
findings in each case, the conditions imposed and any modification of 
such conditions in each case, and the quantities produced of such 
pesticides. The information collected under this ICR is the annual 
pesticide product production volume data. While there are no forms 
associated with this information collection activity, as one of the 
requirements of conditional registration, registrants are required to 
submit an annual report to the EPA on the amount (gallons or pounds) of 
the pesticide product produced during the preceding fiscal year for 
each registered use.
    Each October, EPA assembles all available information on 
conditional registrations filed with the Agency during the previous 
fiscal year. Registrants with conditional registrations generally 
submit the required information automatically. However, if the 
production volume data has not been received within 30 days of the due 
date, then EPA contacts registrants by fax or phone to request this 
information. When all the data is collected, EPA prepares a section 29 
report that includes: The number of conditional registrations, their 
conditions of registration, any changes in conditional registration 
status or conditions, and the conditionally registered pesticide 
production volume data. The report also identifies those conditional 
registrations that have been canceled or that have attained full 
registration and other administrative changes.

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 
the section 29 reporting information collection is estimated to average 
1.4 hours per response. The following is a summary of the estimates 
taken from the ICR:
    Respondents/affected entities: Pesticide registrants with 
conditional registrations.
    Estimated total number of potential respondents: 30.
    Frequency of response: Annually.
    Estimated total/average number of responses for each respondent: 2.
    Estimated total annual burden hours: 84.
    Estimated total annual burden costs: $6,612.

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

    The registrant burden estimate for this information collection has 
remained at 84 hours per year with the number of respondents reporting 
and number of conditional registrations each remaining

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the same. The individual burden per product for reporting has remained 
constant at 1.4 hours, while the burden per registrant has remained 
constant at 2.8 hours with two products per registrant.

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: February 18, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-5243 Filed 3-2-99; 8:45 am]
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