[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Notices]
[Pages 61632-61633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23418]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / 
Notices  

[[Page 61632]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. ST04-06]


Request for an Extension and Revision to a Currently Approved 
Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), this notice announces the Agricultural Marketing 
Service's (AMS) intention to request approval from the Office of 
Management and Budget, for an extension of and revision to the 
currently approved information collection for Recordkeeping 
Requirements for Certified Applicators of Federally Restricted Use 
Pesticides (7 CFR Part 110).

DATES: Comments received by December 20, 2004, will be considered.

FOR FURTHER INFORMATION CONTACT: Contact Bonnie Poli, Pesticide Records 
Branch, Science and Technology, Agricultural Marketing Service, Suite 
203, 8609 Sudley Road, Manassas, Virginia 20110-4582, Telephone (703) 
330-7826, Fax (703) 330-6110.

SUPPLEMENTARY INFORMATION:
    Title: Recordkeeping Requirements for Certified Applicators of 
Federally Restricted Use Pesticides (7 CFR Part 110).
    OMB Number: 0581-0164.
    Expiration Date of Approval: June 30, 2005.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: The regulations, ``Recordkeeping Requirements for 
Certified Applicators of Federally Restricted Use Pesticides'' require 
certified pesticide applicators to maintain records of federally 
restricted use pesticide applications for a period of two years. The 
regulations also provide for access to pesticide records or record 
information by Federal or State officials, or by licensed health care 
professionals who are needed to treat an individual who may have been 
exposed to restricted use pesticides, and penalties for enforcement of 
the recordkeeping and access provisions.
    The Food, Agriculture, Conservation, and Trade Act of 1990, (Pub. 
L. 101-624; 7 U.S.C. 136i-1), referred to as the FACT Act, directs and 
authorizes the Department to develop regulations which establish 
requirements for recordkeeping by all certified applicators of 
federally restricted use pesticides. A certified applicator is an 
individual who is certified by the Environmental Protection Agency 
(EPA) or a State under cooperative agreement with EPA to use or 
supervise the use of restricted use pesticides.
    Section 1491 of the FACT Act directs and authorizes the Department 
of Agriculture to ensure compliance with regulations as the Department 
may prescribe, including levying penalties, for failure to comply with 
such regulations.
    Because this is a regulatory program with enforcement 
responsibility, USDA must ensure that certified applicators are 
maintaining restricted use pesticide application records for the two 
year period required by the FACT Act. To accomplish this, USDA must 
collect information through personal inspections of certified 
applicator's restricted use pesticide application records.
    The information collected is used only by authorized 
representatives of the USDA (AMS, Science and Technology national 
staff, other designated Federal employees, and designated State 
supervisors and their staffs), who are delegated authority to access 
the records pursuant to section 1491, subsection (b) of the FACT Act. 
The information is used to administer the Federal Pesticide 
Recordkeeping Program. The Agency is the primary user of the 
information, and the secondary user is each designated State agency 
which has a cooperative agreement with AMS.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated as follows:
    (a) Approximately 372,675 certified private applicators 
(recordkeepers) apply restricted use pesticides. It is estimated that 
certified private applicators average .415 hours per recordkeeper for a 
total of 154,660 burden hours. This is a 9,999 decrease in burden hours 
from the previous collection request due to fewer private applicators 
in 2003. Of the 372,675 certified private applicators, approximately 
4,600 are selected annually for recordkeeping inspections. It is 
estimated that a private applicator that is subject to a pesticide 
record inspection has an annual burden of .85 hours, which contributes 
to a total annual burden of 3,910 hours.
    (b) There are approximately 308,443 certified commercial 
applicators nationally who are required to provide copies of restricted 
use pesticide application records to their clients. It is estimated 
that certified commercial applicators have a total annual burden of 
1,520,007 hours.
    (c) It is estimated that State agency personnel who work through 
cooperative agreements with AMS to inspect certified private 
applicator's records have a total annual burden of 8,976 hours. This is 
a decrease of 2,044 burden hours from the previous collection request 
due to fewer states participating in cooperative agreements with AMS.
    Respondents: Certified private and commercial applicators, State 
governments or employees, and Federal agencies or employees.
    Estimated Number of Respondents: 685,786--The total number of 
respondents includes certified commercial applicators, certified 
private applicators (recordkeepers) and designated State agency 
personnel utilized to inspect certified private applicator's records.
    Estimated Number of Responses per Respondent: The estimated number 
of responses per respondent is as follows:
    (a) It is estimated that certified private applicators 
(recordkeepers), record on an average 5 restricted use pesticide 
application records annually.
    (b) It is estimated that certified commercial applicators provide 
616 copies of restricted use pesticide records to their clients 
annually.

[[Page 61633]]

    (c) State agency personnel, who work under cooperative agreements 
with AMS to conduct restricted use pesticide records inspections, have 
approximately 4,420 responses annually.
    Estimated Total Annual Burden on Respondents: 1,687,553. This 
revision in the Total Annual Burden on Respondents decreases the 
current burden by 12,043 hours due to the decrease in the number of 
private applicators required to keep records and fewer states 
participating in the cooperative program.
    Comments are invited on: (1) 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; (2) 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; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology. Comments may be sent to Bonnie Poli, 
Pesticide Records Branch, Science and Technology, Agricultural 
Marketing Service, Suite 203, 8609 Sudley Road, Manassas, Virginia 
20110-4582, Telephone (703) 330-7826, Fax (703) 330-6110. All comments 
received will be available for public inspection during regular 
business hours at the same address.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will become a matter of public 
record.

    Dated: October 14, 2004.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-23418 Filed 10-19-04; 8:45 am]
BILLING CODE 3410-02-P