[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Notices]
[Pages 42365-42367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19594]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00614; FRL-6092-4]


Compliance Requirement for Child-Resistant Packaging Act; 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): 
``Compliance Requirement for Child Resistant Packaging Act (EPA No. 
0616.06; OMB 2070-0052).'' This ICR is a renewal of a collection 
activity that is currently approved and due to expire on October 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, identified by the docket control number ``OPP-
00614,'' must be received on or before October 4, 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 the ``SUPPLEMENTARY INFORMATION'' section of 
this notice.

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 pesticide product that is subject to the 
Child Resistant Packaging (CRP) requirements in section 25(c)(3) of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Section 25 
(c)(3) of FIFRA authorizes EPA to establish standards for packaging of 
pesticide products and pesticidal devises to protect children and 
adults from serious illness or injury resulting from accidental 
ingestion or contact. The implementing CRP regulations are in 40 CFR 
part 157.
    Potentially affected categories and entities may include, but are 
not limited to the following:


----------------------------------------------------------------------------------------------------------------
                                                                                       Examples of Potentially
              Category                     NAICS Code               SIC Codes             Affected Entities
----------------------------------------------------------------------------------------------------------------
Pesticide and other agricultural     325320                  286 Industrial organic  Pesticide registrants with
 chemical manufacturing                                       chemicals               pesticide products subject
                                                                                      to child resistant
                                                                                      packaging regulations
                                                             287Agricultural
                                                              chemicals
----------------------------------------------------------------------------------------------------------------

    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.

[[Page 42366]]

B. Fax-on-Demand

    Using a faxphone call 202-401-0527 and select item 6074 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 under docket control number OPP-
00614, (including comments and data submitted electronically as 
described below). A public version of this record, including printed, 
paper versions of any 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-00614, 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. Comments and data 
will also be accepted on standard computer 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-00614. 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 estimates provided, 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.
     Provide specific examples to illustrate your concerns.
     Offer alternative ways to improve the 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 EPA and OMB ICR numbers.

IV. What Information Collection Activity or ICR Does This Notice 
Apply to?

    EPA is seeking comments on the following ICR:
    Title: Compliance Requirement for Child-Resistant Packaging Act.
    ICR numbers: EPA ICR No. 0616.07; OMB No. 2070-0052.
    ICR status: This ICR is a renewal of a currently approved 
information collection that is due to expire on October 31, 1999. An 
Agency may not conduct or sponsor, and a person is not required to 
respond to a collection of information that is subject to approval 
under the PRA, 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: Section 25 (c)(3) of the FIFRA authorizes EPA to 
establish standards for packaging of pesticide products and pesticidal 
devises to protect children and adults from serious illness or injury 
resulting from accidental ingestion or contact. The law requires that 
these standards are designed to be consistent with those under the 
Poison Prevention Packaging Act, administered by the Consumer Product 
Safety Commission (CPSC). Unless a pesticide product qualifies for an 
exemption, the product meets certain criteria regarding toxicity and 
use, it must be sold and distributed in child-resistant packaging. 
Registrants must certify to the Agency that the packaging or devise 
meets the standards set forth by the Agency. EPA reviews a registrant's 
CRP certification to determine if there are human safety/health risk 
concerns. Exemption

[[Page 42367]]

requests are reviewed to ascertain if there is a health risk, and if 
CRP is technically feasible, practicable, and appropriate.
    To certify, a registrant must submit the name and EPA registration 
number of the product to which the certification applies, the 
certification statement, the registrant's name and address, the date, 
and the name, title, and signature of the company officer making the 
certification. The certification statement must contain a statement 
that the pesticide product complies with 40 CFR 157.32 requirements, 
including the revised effectiveness standards in 16 CFR 1700.15(b) when 
tested by the revised protocol testing procedures in 16 CFR 1700.20. A 
description of the packaging used and the American Society for Testing 
and Materials (ASTM) Standard D3475-95, ``Standard Classification of 
Child-Resistant Packages,'' designation is requested (not required). 
Registrants may also elect to submit data necessary to support a claim 
that the product is not subject to CRP, or request that the product 
should be exempt from CRP regulation.

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 Compliance Requirement for Child Resistant Packaging Act collection 
is estimated to average 1.7 hours per respondent. The following is a 
summary of the estimates taken from the ICR:
    Respondents/affected entities: Pesticide registrants whose 
pesticide products are subject to Child Resistant Packaging 
regulations.
    Estimated total number of potential respondents: 502.
    Frequency of response: Per event.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 853.4.
    Estimated total annual burden costs: $55,019.20.

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

    Yes. There is a slight increase in the number of respondents from 
449 to 502 from the last ICR approval. However, the total burden hours 
per respondent to comply with the CRP will remain the same, 1.7 hours 
at a cost of $109.60 per response. This increase is a result of the 
change in the percentage of registrants electing to certify to the CRP 
requirements. More respondents may be opting to certify to CRP due to 
changes in the cost of packaging, recycling, and safety factors. Or 
respondents may be electing to certify to CRP because it is less time 
consuming than electing to submit toxicity data, reformulate to a less 
toxic product, or request an exemption. Respondent costs are based on 
technical/managerial and clerical burden hours estimated at $83 and $38 
per hour, respectively.

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: July 20, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-19594 Filed 8-3-99; 8:45 am]
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