[Federal Register Volume 64, Number 130 (Thursday, July 8, 1999)]
[Notices]
[Pages 36867-36869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17348]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6374-3]


Agency Information Collection Activities; Pesticides; Submission 
of EPA ICR No. 0595.07

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of submission to OMB.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501et seq.), this document announces that the Information 
Collection Request (ICR) entitled: ``Notice of Pesticide Registration 
by States to Meet a Special Local Need, Section 24(c)'' [EPA ICR No. 
0595.07; OMB No. 2070-0055], has been forwarded to the Office of 
Management and Budget (OMB) for review and approval pursuant to OMB 
procedures in 5 CFR 1320.12. The ICR, which is abstracted below, 
involves a collection activity that is currently approved and is 
scheduled to expire on September 30, 1999. The ICR describes the nature 
of the information collection activity and its expected burden and 
costs. A Federal Register document announcing the Agency's intent to 
seek OMB approval for this ICR and provide a 60 day comment period 
opportunity, was issued on January 20, 1999 (64 FR 3086,). EPA did not 
receive any comments on this ICR during the comment period.

DATES: Additional comments may be submitted on or before August 9, 
1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone on (202) 
260-2740, by e-mail: [email protected]'' or download a copy of the 
ICR on the internet at http://www.epa.gov/icr/icr.htm and refer to

[[Page 36868]]

EPA ICR No 0595.07 and OMB Control No. 2070-0055.

ADDRESSES: Send comments, referencing EPA ICR 0595.07 and OMB Control 
No. 2070-0055, to the following addresses:

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Regulatory 
Information Division (Mail Code: 2137), 401 M Street, SW, Washington, 
DC 20460;
   and to:
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503.

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply to Me?

    This document 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 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:

----------------------------------------------------------------------------------------------------------------
                                                                               Examples of potentially affected
                  Category                     NAICS code       SIC codes                  entities
----------------------------------------------------------------------------------------------------------------
State agencies/governments.................          923120            9431  State Agencies issuing state
                                                                              registration for additional uses
                                                                              of federally registered pesticides
                                                                              to be used within the state.
Organic Chemical Manufacturers.............          325320             286  Pesticide Registrants.
Inorganic Chemical Manufacturers...........          325320             287  Pesticide Registrants.
Agricultural Grower Groups.................          813910         100/200  Agricultural Grower Groups that
                                                                              provide information to support
                                                                              additional uses of federally
                                                                              registered pesticides within a
                                                                              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. What Information Collection Activity or ICR Does This Notice 
Apply To?

    The final ICR package for the following information collection 
activity has been submitted to OMB for review and approval pursuant to 
5 CFR 1320.12. EPA is asking OMB to approve this ICR for three years.
    Title: 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 involves a collection activity that is 
currently approved. 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 documents 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 borders 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; 
or,
    (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 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 require 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 constitutes an imminent hazard. 
To make such a determination the EPA requires States to submit EPA Form 
8570-25:
    (1) Within ten 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, and
    (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.

[[Page 36869]]

    (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.
    Burden:  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: 349.
    Frequency of Response: Determined by the state.
    Estimated Total Annual Burden Hours: 24,604.
    Estimated Total Annual Burden Costs: $2,360,287.

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

    Yes. The overall respondent burden hours associated with this 
collection has decreased from 38,775 to 24,604.5 hours per year. This 
change is due to the decrease of the number of applications made by the 
states since the renewal of the last ICR from 550 to 349. Costs have 
increased due to current labor rates as supplied by the Bureau of Labor 
Statistics. No regulatory changes have been made in the requirements 
for Section 24(c) applications.

IV. What Is the Next Step in the Process for This ICR?

    After providing a 30 day opportunity for additional comments from 
the public, OMB will review and take action on the Agency's request. 
Periodically, EPA publishes a notice in the Federal Register listing 
recent OMB actions on the Agency's ICR submittals. If you have any 
questions about this ICR or the approval process, please contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section.

    Dated: July 1, 1999.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 99-17348 Filed 7-7-99; 8:45 am]
BILLING CODE 6560-50-P