[Federal Register Volume 72, Number 113 (Wednesday, June 13, 2007)]
[Notices]
[Pages 32640-32642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11292]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0298; FRL-8132-5]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Certification of Pesticide Applicators; EPA ICR No. 
0155.09, OMB Control No. 2070-0029

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 document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR, 
entitled: ``Certification of Pesticide Applicators'' and identified by 
EPA ICR No. 0155.09 and OMB Control No. 2070-0029, is scheduled to 
expire on December 31, 2007. Before submitting the ICR to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the proposed information collection.

DATES: Comments must be received on or before August 13, 2007.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0298, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only 
accepted during the Docket's normal hours of operation (8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays). Special 
arrangements should be made for deliveries of boxed information. The 
Docket telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0298. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the docket and made 
available on the Internet. If you submit an electronic comment, EPA 
recommends that you include your name and other contact information in 
the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available

[[Page 32641]]

in regulations.gov. To access the electronic docket, go to http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov web 
site to view the docket index or access available documents. Although 
listed in the index, some information is not publicly available, e.g., 
CBI or other information whose disclosure is restricted by statute. 
Certain other material, such as copyrighted material, is not placed on 
the Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available either in the 
electronic docket at http://www.regulations.gov, or, if only available 
in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA. 
The hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal holidays. The Docket 
telephone number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Joseph Hogue, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9072; fax number: (703) 305-5884; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    1. 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.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. 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 and provide specific 
examples.
    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 identified 
under DATES.
    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.

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

    Affected entities: Entities potentially affected by this action 
are:
     Applicators on farms:
    Crop production (North American Industrial Classification System 
(NAICS) code 111).
    Animal production (NAICS code 112).
     Commercial services applicators:
    Exterminating and pest control services (NAICS code 561710).
     Administration of certification programs by states/tribal 
lead agencies:
    Environmental protection program administration (NAICS code 
924110).
    Pest control programs, agricultural, governmental (NAICS code 
926140).
     Pesticide dealers (only for EPA-administered programs):
    Retail nursery, lawn, and garden supply stores (NAICS code 444220).
    Agricultural chemicals merchant wholesalers (NAICS code 424910).
    Title: Certification of Pesticide Applicators.
    ICR numbers: EPA ICR No. 0155.09, OMB Control No. 2070-0029.
    ICR status: This ICR is currently scheduled to expire on December 
31, 2007. 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 in title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: This ICR is designed to provide EPA with the information 
necessary to oversee training and certification programs for 
applicators of restricted use pesticides. The Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) allows the 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 human health or the environment, may be applied only by a 
certified applicator or by a person under the direct supervision of a 
certified applicator. A person must meet certain standards of 
competency to become a certified applicator. States can be delegated 
the certified applicator program, but it must be approved by the Agency 
before it can be implemented. In non-participating entities, EPA 
administers the certification program.
    Annual reports from the states are used as a monitoring tool to 
develop overall data on pesticide activities for OMB, Congress, and 
others; to distribute EPA grant funds to participating states, to 
target enforcement activities, and to revise certification and training 
program emphasis and requirements. An application form is used to 
obtain vital information from persons applying for certification, such 
as name and address, and to schedule applicators for certification or 
re-certification. Dealer records are necessary to ensure that access to 
restricted use pesticides is limited to certified applicators. A record 
of each application of a restricted use pesticide is required for 
certified commercial applicators. These records are monitored to assure 
that restricted-use pesticides are used only by, or under the 
supervision of, certified applicators and to ensure that pesticide 
labeling requirements are adhered to by requiring applicators to record 
details of the restricted-use product application. Without these 
records it would often be difficult to successfully enforce against 
misuse. Responses to this ICR are mandatory. The authority for this 
information collection activity is

[[Page 32642]]

provided under sections 3(d) and 11 of FIFRA and 40 CFR part 171.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.17 
hours per response for application for certification in the Navajo 
Indian country, 77.4 hours per response for each state to submit annual 
reports, and 3.1 hours per response for commercial applicators' 
recordkeeping of restricted use pesticide applications. 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 which have 
subsequently changed; 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 here:
    Estimated total number of potential respondents: 421,097.
    Frequency of response: On occasion or annually, depending on the 
category of respondent.
    Estimated total average number of responses for each respondent: 1-
3.
    Estimated total annual burden hours: 1,309,623 hours.
    Estimated total annual costs: $39,694,611. This is an estimated 
burden cost of $39,694,611 with no additional cost for capital 
investment or maintenance and operational costs.

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

    There is a decrease of 1,745 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease is due to Colorado assuming 
responsibility for the private applicator program, and the dealer 
recordkeeping program in that state. The previous ICR included the 
burden of those programs in Colorado, as EPA still administered them at 
that time. This change is the result of a program change.

V. 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.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.


    Dated: May 30, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E7-11292 Filed 6-12-07; 8:45 am]
BILLING CODE 6560-50-S