[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Notices]
[Pages 39894-39897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16220]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00663; FRL-6592-3]


Certification of Pesticide Applicators; 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): 
``Certification of Pesticide Applicators (EPA ICR No. 0155.07, OMB No. 
2070-0029).'' This is a request to renew an existing ICR that is 
currently approved and due to expire September 30, 2000. 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-
00663, must be received on or before August 28, 2000.

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.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-00663 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Nancy Vogel, Field and 
External Affairs Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (703) 305-6475; fax number: 
(703) 305-5884; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you run an EPA 
approved certified pesticide applicator program for restricted use 
pesticides or are a certified pesticide applicator using restricted use 
pesticides that must comply with requirements of section 11 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and 40 CFR 
part 171. Potentially affected

[[Page 39895]]

categories and entities may include, but are not limited to:

----------------------------------------------------------------------------------------------------------------
                                                                                       Examples of potentially
              Category                     NAICS code               SIC codes             affected entities
----------------------------------------------------------------------------------------------------------------
Farms--agriculture production crops  0191                    010                     Pesticide applicator
Farms--agriculture production        0291                    020                     Pesticide applicator
 animals
Commercial exterminating services    561710                  734                     Pesticide applicator,
                                                                                      pesticide dealers
Administration of environmental      924110                  951                     States, Federal Agencies,
 quality programs                                                                     Indian Tribes
Administration of general economic                           964                     States, Federal Agencies,
 programs                                                                             Indian Tribes
Retail nurseries, lawn, and garden   111421, 444220          526                     Pesticide dealers,
 supply stores                                                                        pesticide applicator
Miscellaneous nondurable goods       4229                    519                     Pesticide dealers
 (dealers)
----------------------------------------------------------------------------------------------------------------

    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. The North American Industrial Classification System (NAICS) 
codes and the Standard Industrial Classification (SIC) codes are 
provided to assist you and others in determining whether or not this 
action might apply to certain entities. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under ``FOR FURTHER INFORMATION CONTACT.''

II. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

A. Electronically

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page 
select ``Laws and Regulations'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.

B. Fax-on-Demand

    Using a faxphone call (202) 401-0527 and select item 6081 for a 
copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPP-00663. The official record consists of the 
documents specifically referenced in this action, any public comments 
received during an applicable comment period, and other information 
related to this action, including any information claimed as 
Confidential Business Information (CBI). This official record includes 
the documents that are physically located in the docket, as well as the 
documents that are referenced in those documents. The public version of 
the official record does not include any information claimed as CBI. 
The public version of the official record, which includes printed, 
paper versions of any electronic comments submitted during an 
applicable comment period, is available for inspection in the Public 
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 
#2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The PIRIB telephone 
number is (703) 305-5805.

III. How Can I Respond to this Action?

A. How and to Whom Do I Submit the Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-00663 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments and/or data 
electronically by e-mail to: ``[email protected],'' or you can submit 
a computer disk as described in Units III.A.1. and 2. Do not submit any 
information electronically that you consider to be CBI. Avoid the use 
of special characters and any form of encryption. Electronic 
submissions will be accepted in WordPerfect 6.1/8.0 or ASCII file 
format. All comments in electronic form must be identified by docket 
control number OPP-00663. Electronic comments may also be filed online 
at many Federal Depository Libraries.

B. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under ``FOR FURTHER INFORMATION 
CONTACT.''

C. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.

[[Page 39896]]

    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number and administrative record number assigned to this action 
in the subject line on the first page of your response. You may also 
provide the name, date, and Federal Register citation.

D. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act 
(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.
    EPA's Office of Pesticide Programs is specifically looking for 
comments related to business activities of the commercial pesticide 
applicators and firms sector. Specifically, EPA is looking information 
related to ``usual and customary'' business practices. To determine if 
the Agency has correctly calculated the respondent burden estimated for 
this business sector, the Agency would like information which 
identifies whether or not business would collect the following 
information regardless of the Agency's reporting requirements contained 
in 40 CFR 171.11(c)(7)(i)(A)-(H). This information includes:
    1. Name and address of the person for whom the pesticide was 
applied.
    2. Location of the pesticide application.
    3. Target pest(s).
    4. Specific crop or commodity, as appropriate, and site, to which 
the pesticide was applied.
    5. Year, month, day, and time of application.
    6. Trade name and EPA registration number of the pesticide applied.
    7. Amount of the pesticide applied and percentage if active 
ingredient per unit of pesticide used.
    8. Type and amount of the pesticide disposed of, method of 
disposal, date(s) of disposal, and location of the disposal site.
    Commenters should identify whether or not they are a commercial 
pesticide applicator or firm and identify by number, (e.g., 1, 2, 3, 4, 
5, 6, 7, or 8) those activities which the commenter considers to be 
usual and customary business practices.

IV. What Information Collection Activity or ICR Does this Action 
Apply to?

    EPA is seeking comments on the following ICR:
    Title: Certification of Pesticide Applicators.
    ICR numbers: EPA ICR No. 0155.07, OMB No. 2070-0029.
    ICR status: This is a renewal of an existing ICR that is currently 
approved by OMB and is due to expire September 30, 2000. An Agency may 
not conduct or sponsor, and a person is not required to respond to a 
collection of information that is subject to the 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: FIFRA allows EPA to classify a pesticide as ``restricted 
use'' if the pesticide meets certain toxicity or risk criteria. 
Restricted use pesticides, because of their potential to harm persons 
or the environment, may be applied only by a certified applicator or 
someone under the direct supervision of a certified applicator. In 
order to become a certified applicator, a person must meet certain 
standards of competency. Once approved by EPA, participating States can 
implement a certified applicator program. In non-participating States, 
EPA administers certification programs.

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 is 
estimated to be 1,285,865.16 hours. The following is a summary of the 
estimates taken from the ICR:
    Respondents/affected entities: 57 States, Federal Agencies, and 
Indian Tribes; 266 pesticide dealers, 48 applicators in Colorado and 
412,922 commercial pesticide applicators and firms.
    Estimated total number of potential respondents: 413,293.
    Frequency of response: Once annually.
    Estimated total/average number of responses for each respondent: 
One.
    Estimated total annual burden hours: 1,285,865.16 hours.
    Estimated total annual burden costs: $20,118,111.96.

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

    The annual burden hours related to the activities of this ICR have 
increased from 997,222 hours to 1,285,865.16 hours. The significant 
increase is attributed to the increase in the number of commercial 
applicators and firm respondents, an increase of 82,922 respondents. 
There was no change in burden per response.

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

[[Page 39897]]

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 under ``FOR FURTHER INFORMATION CONTACT.''

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: June 20, 2000.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
[FR Doc. 00-16220 Filed 6-27-00; 8:45 am]
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