[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Notices]
[Pages 50081-50083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23710]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00617; FRL-6096-5]


Application for an Experimental Use Permit to Ship and Use a 
Pesticide for Experimental Purposes Only; Renewal of Information 
Collection 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): 
``Application for an Experimental Use Permit (EUP) to Ship and Use a 
Pesticide for Experimental Purposes Only (OMB Control No. 2070-0040; 
EPA No. 0276.09).'' This is a request to renew an existing ICR that is 
currently approved and is due to expire November 30, 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-
00617,'' must be received on or before November 15, 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?

    An application for an EUP may be submitted by any company or person 
wishing to generate information necessary to register a product under 
section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) in accordance with the regulations found in 40 CFR 172.2(a). 
The applicant may be a potential registrant, an independent researcher 
or testing laboratory, or any similar agent or consultant of a 
manufacturer.
    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         Persons seeking an
 chemical manufacturing                                       organic chemicals       experimental use permit

[[Page 50082]]

 
                                                             287--Agricultural
                                                              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.

B. Fax-on-Demand

    Using a faxphone call 202-401-0527 and select item 6075 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-
00617, (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, CM2, 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-00617, 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, CM2, 
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-00617. 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, if 
available.

[[Page 50083]]

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

    EPA is seeking comments on the following ICR:
    Title: Application for an Experimental Use Permit (EUP) to Ship and 
Use a Pesticide for Experimental Purposes Only.
    ICR numbers: EPA ICR No. 0276.09; OMB No. 2070-0040.
    ICR status: This is a renewal of an existing ICR that is currently 
approved by OMB and is due to expire November 30, 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: This information collection program provides the EPA with 
the data necessary to determine whether to issue an EUP under section 5 
of FIFRA, as amended. FIFRA requires that before a pesticide product 
may be distributed or sold in the U.S. it must be registered by EPA. 
However, section 5 authorizes EPA to issue EUP's which allow pesticide 
companies to temporarily ship pesticide products for experimental use 
for the purpose of gathering data necessary to support the application 
for registration of a pesticide product. In general, EUP's are either 
issued for a pesticide not registered with the Agency or for a 
registered pesticide for a use not registered with the Agency.
    The information collected and reported under an EUP is a summary of 
that which is routinely submitted in connection with registration. The 
EUP allows for large scale field testing, if necessary, in order to 
collect sufficient data to support registration. An EUP is not required 
if the person conducting the tests does not expect to receive benefits 
in pest control.
    EPA Form 8570-17, Application for an Experimental Use Permit to 
Ship and Use a Pesticide for Experimental Purposes Only, is filed by 
the prospective registrant for a permit to generate information or data 
necessary to register a pesticide under section 3 of FIFRA. This 
information from the applicant is necessary in order to grant and 
effectively monitor the EUP. Beyond the information as supplied on EPA 
Form 8570-17, is a final report on the results of the experimental 
program which includes information such as: Amount of the product 
applied; the crops or sites treated; any observed adverse effects; any 
adverse weather conditions which may have inhibited the program; the 
goals achieved; and the disposition of containers, unused pesticide 
material, and affected food/feed commodities. If the food/feed 
commodities treated under the terms of an experimental use permit are 
to be shipped in commerce, the applicant must also submit a petition 
for temporary tolerance pursuant to the Federal Food, Drug, and 
Cosmetic Act (FFDCA).

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 Application for an Experimental Use Permit (EUP) to Ship and Use a 
Pesticide for Experimental Purposes Only program is estimated to 
average 10.10 hours per application. The following is a summary of the 
estimates taken from the ICR:
    Respondents/affected entities: EUP applicants.
    Estimated total number of potential respondents: 75.
    Frequency of response: Only when an application is made.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 757.5.
    Estimated total annual burden costs: $61,297.50.

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

    Yes. The change in respondent burden hours, from 1,262.50 to 757.50 
hours per year is a result of the estimated reduction in the number of 
annual respondents, from 125 to 75. The change in annual respondent 
cost is a result of the estimated increase in hourly rates.

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: September 2, 1999.

Susan H. Wayland,

Deputy Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-23710 Filed 9-14-99; 8:45 am]
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