[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Pages 16916-16917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6694]


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ENVIRONMENTAL PROTECTION AGENCY

[OECA-2004-0017, FRL-7639-9]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Recordkeeping Requirements for Producers of Pesticides 
under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA), EPA ICR Number 0143.08, OMB Control Number 2070-0028

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on October 31, 
2004. Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before June 1, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OECA-
2004-0017, to EPA online using EDOCKET (our preferred method), by email 
to [email protected], or by mail to: Enforcement and Compliance 
Docket and Information Center, Environmental Protection Agency, Mail 
Code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Stephen Howie, tel: (202) 564-4146; 
fax: (202) 564-0085; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OECA-2004-0017, which is available for 
public viewing at the Enforcement and Compliance Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Enforcement and Compliance Docket is 
(202) 564-1927. An electronic version of the public docket is available 
through EPA Dockets (EDOCKET) at http://

[[Page 16917]]

www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the public docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov./edocket.
    Affected entities: Entities potentially affected by this action are 
those which produce pesticides.
    Title: Recordkeeping Requirements for Producers of Pesticides under 
section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act as 
amended (FIFRA). ICR Number 0143.08. OMB Control Number 2070-0028. 
Expires 10/31/04.
    Abstract: Section 8 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) states that the Administrator of the 
Environmental Protection Agency may prescribe regulations requiring 
producers, registrants and applicants for registration to maintain such 
records with respect to their operations and the effective enforcement 
of this Act as the Administrator determines are necessary for the 
effective enforcement of FIFRA and to make such records available for 
inspection and copying as specified in the statute. The regulations at 
40 CFR part 169 (Books and Records of Pesticide Production and 
Distribution) specify the following records that producers must keep 
and the disposition of those records: Production data for pesticides, 
devices, or active ingredients (including pesticides produced pursuant 
to an experimental use permit); receipt by the producer of pesticides, 
devices, or active ingredients used in producing pesticides; delivery, 
moving, or holding of pesticides; inventory; domestic advertising for 
restricted use pesticides; guarantees; exports; disposal; human 
testing; and tolerance petitions. Additionally, section 8 gives the 
Agency inspectional authority to monitor the validity of research data 
(including raw data), including data developed in accordance with Good 
Laboratory Practice Standards, and used to support pesticide 
registration. The EPA or States/Indian Tribes operating under 
Cooperative Enforcement Agreements make use of the records required by 
section 8 through periodically inspecting them to help determine FIFRA 
compliance of those subject to the provisions of the Act. In addition, 
producers themselves make use of such records in order to comply with 
reporting requirements under FIFRA section 7 and 40 CFR 167.85. (Those 
reporting requirements are addressed in the ICR entitled ``Pesticide 
Report for Pesticide-Producing Establishments,'' OMB Docket Number 
2000-0029.)
    Since most of the records required to be maintained are likely to 
be collected and maintained in the course of good business practice, 
the records are generally stored on site at either the establishment 
producing the pesticide or at the place of business of the person 
holding the registration. However, the registrant may decide to 
transfer records relating to disposal of pesticides and human testing 
to EPA for storage because of a twenty year retention requirement for 
the records. 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 
regulations are listed in 40 CFR part 9.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden: The average annual burden to the industry over the next 
three years is estimated to be 2 person hours per response.
    Respondents/affected entities: 12,953.
    Estimated number of respondents: 12,953.
    Frequency of responses: 1.
    Estimated total annual hour burden: 25,906.
    There are no capital/startup costs or operating and maintenance 
(O&M) costs associated with this ICR since all equipment associated 
with this ICR is present as part of ordinary business practices.
    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. This 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.

    Dated: March 19, 2004.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.
[FR Doc. 04-6694 Filed 3-30-04; 8:45 am]
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