[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Notices]
[Pages 16917-16921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6698]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0357; FRL-7340-6]


Certification of Pesticide Applicators; Renewal of Pesticide 
Information Collection Activities and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

[[Page 16918]]

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. 0155.08, OMB 
Control No. 2070-0029). This is a request to renew an existing ICR that 
is currently approved and due to expire on August 31, 2004. 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 ID number OPP-2003-
0357, must be received on or before June 1, 2004.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit III. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Nancy Vogel, Field and External 
Affairs Division (7506C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; 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 entities may include, but are not 
limited to:
     Crop production (NAICS 111), e.g., 
Establishments growing crops mainly for food and fiber.
     Animal production (NAICS 112), e.g., 
Establishments primarily engaged in keeping, grazing, breeding, or 
feeding animals.
     Exterminating and pest control services (NAICS 
561710), e.g., Establishments primarily engaged in exterminating and 
controlling birds, mosquitoes, rodents, termites, and other insects and 
pests. Establishments providing fumigation services are included in 
this industry.
     Environmental protection program administration 
(NAICS 924110), e.g., Government establishments primarily engaged in 
the administration, regulation, enforcement, and coordination of solid 
waste management, water and air pollution control and prevention, flood 
control, drainage development and water resource consumption, or toxic 
waste removal and cleanup programs and coordination of these activities 
at intergovernmental levels.
     Regulation of agricultural marketing and 
commodities (NAICS 926140), e.g., Government establishments primarily 
engaged in the planning, administration, and coordination of 
agricultural programs for production, marketing, and utilization.
     Nursery, garden center, and farm supply stores 
(NAICS 444220), e.g., Establishments primarily engaged in retailing 
nursery and garden products, such as trees, shrubs, plants, seeds, 
bulbs, and sod that are predominantly grown elsewhere.
     Farm supplies merchant wholesalers (NAICS 
4224910), e.g., Establishments primarily engaged in the merchant 
wholesale distribution of farm supplies, such as animal feeds, 
fertilizers, agricultural chemicals, pesticides, plant seeds, and plant 
bulbs.
    This listing 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 above could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in sections 3(d) and 11 
of FIFRA and 40 CFR part 171. If you have any 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 Copies of this Document and Other Related 
Information?

A. Docket

    EPA has established an official public docket for this action under 
docket identification (ID) number OPP-2003-0357. The official public 
docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of the official docket, the public docket 
does not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public docket is the collection of materials that is available for 
public viewing at the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., 
Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The docket telephone 
number is (703) 305-5805.

B. Electronic Access

    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
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 appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit II.A. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether

[[Page 16919]]

submitted electronically or in paper, will be made available for public 
viewing in EPA's electronic public docket as EPA receives them and 
without change, unless the comment contains copyrighted material, CBI, 
or other information whose 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 EPA's electronic public docket. The entire printed 
comment, including the copyrighted material, will be available in the 
public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

III. How Can I Respond to this Action?

A. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
III.B. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0357. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2003-0357. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit III.A. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0357.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2003-0357. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit II.A.

B. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed 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.
    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 
ID 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 PRA, EPA specifically 
solicits

[[Page 16920]]

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.
    5. EPA's Office of Pesticide Programs is specifically looking for 
comments related to states' requirements for commercial applicator 
recordkeeping. To determine if the Agency has correctly calculated the 
respondent burden estimated for this business sector, the Agency would 
like information which indicates whether or not states would require 
the following recordkeeping regardless of the Agency's requirements 
contained in 40 CFR 171.11(c)(7)(i)(A)-(H) (see list under question 6 
below). In the absence of a federal requirement, would states continue 
to require this recordkeeping?
    6. In addition, the Agency would like information about the 
business activities of the commercial pesticide applicators and firms 
sector. Specifically, EPA is looking for information related to ``usual 
and customary'' business practices for commercial pesticide 
applicators. 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 commercial applicators 
would collect the following information regardless of the Agency's or 
states' reporting requirements, as contained in 40 CFR 
171.11(c)(7)(i)(A)-(H). This information includes:
    a. Name and address of the person for whom the pesticide was 
applied.
    b. Location of the pesticide application.
    c. Target pest(s).
    d. Specific crop or commodity, as appropriate, and site to which 
the pesticide was applied.
    e. Year, month, day, and time of application.
    f. Trade name and EPA registration number of the pesticide applied.
    g. Amount of the pesticide applied and percentage of active 
ingredient per unit of pesticide used.
    h. 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 letter, e.g., a., b., c., 
d., e., f., g., and/or h., which records the commenter considers to be 
retained as part of 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. 0155.08, OMB Control No. 2070-0029.
    ICR status: This ICR is a renewal of an existing ICR that is 
currently approved by OMB and is due to expire on August 31, 2004.
    Abstract: This information collection request is designed to 
provide EPA with the authority to administer and oversee training and 
certification programs for pesticide applicators in accordance with 
FIFRA and to enable EPA to collect certain data regarding these 
programs from states, Indian tribes, and Federal Agencies with EPA-
approved certification plans.
    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 of the 
environment, may be applied only by a certified applicator or by a 
person under their direct supervision. A person must meet certain 
standards of competency to become a certified applicator. Participating 
states develop certified applicator programs which must be approved by 
the Agency before they can be implemented. In non-participating states, 
EPA administers the certification program.

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 for reading the regulations, 
planning the necessary data collection activities, analyzing data, 
generating reports and completing other required paperwork, and 
storing, filing, and maintaining the data.
    The ICR provides a detailed explanation of this estimate, which is 
only briefly summarized in this notice. The annual public burden for 
this ICR is estimated to be 1,311,368 hours. The following is a summary 
of the estimates taken from the ICR:
    Respondents/affected entities: States, Federal Agencies, and Indian 
tribes; pesticide dealers, applicators in Colorado and commercial 
pesticide applicators and firms.
    Estimated total number of potential respondents: 424,398.
    Frequency of response: On occasion or annually, depending on the 
category of respondent.
    Estimated total/average number of annual responses for each 
respondent: 1-3.
    Estimated total annual burden hours: 1,311,368.
    Estimated total annual burden costs: $25,108,623.

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

    The previous ICR included substantial federal burden for 
implementing significant changes to the regulation. Those changes were 
not realized; therefore, the anticipated increases in the federal 
burden are not included in this ICR.
    The burden compared to the previous ICR has increased slightly, 
from 1,285,865 to 1,311,368 hours, due to a small increase in the 
number of certified commercial applicators. Burden from programs 
administered by EPA increased, as the Navajo Indian Country plan for 
applicators is expected to initiate soon, and the number of applicators 
certifying has increased in the counts. The cost burden has increased 
as well, as a result of the increased numbers of certified commercial 
applicators and from increased labor rates and inflation, from 
$21,456,058 to $25,108,623.

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 under FOR 
FURTHER INFORMATION CONTACT.

[[Page 16921]]

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: March 18, 2004.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.

[FR Doc. 04-6698 Filed 3-30-04; 8:45 am]
BILLING CODE 6560-50-S