[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71112-71113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24202]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket Number: AMS-ST-07-0149; ST08-01]


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 February 12, 2008 will be considered.
    Additional Information or Comments: 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: May 30, 2008.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: Section 1491 of the Food, Agriculture, Conservation, and 
Trade Act of 1990, (Pub. L. 101-624; 7 U.S.C. 136i-1) (Act), directs 
and authorizes the Secretary of Agriculture to require that certified 
pesticide applicators maintain records of applications of federally 
restricted use pesticides for a period of two years.
    The Act also (1) requires that the pesticide records be made 
available to Federal or State officials, and to licensed health care 
professionals who need the records in order to treat an

[[Page 71113]]

individual who may have been exposed to restricted use pesticides; (2) 
requires that the Secretary of Agriculture enforce the recordkeeping 
and access requirements of the Act and promulgate regulations to 
administer the Act; and (3) establishes civil penalties for violations 
of the Act. 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.
    The Secretary of Agriculture delegated his responsibilities under 
the Act to the Agricultural Marketing Service (AMS), which promulgated 
regulations to administer the Act at 7 CFR part 110 (regulations). In 
order to enforce these regulations, AMS must collect information 
through personal inspections of the application records of certified 
applicators of restricted use pesticides.
    The information collected by AMS is used only by authorized 
representatives of AMS (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 subsection (b) of the Act. The collected information is 
used to administer the Federal Pesticide Recordkeeping program. AMS is 
the primary user of this information. The secondary user of the 
information 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 307,151 certified private applicators 
(recordkeepers) apply restricted use pesticides. It is estimated that 
certified private applicators average 1.31 hours per recordkeeper for a 
total of 402,368 annual burden hours. This is a 247,708 increase in 
burden hours from the previous collection request due to an increase in 
the number of restricted use pesticide applications being made by 
certified private applicators. The new data indicates that certified 
private applicators make an average of 16 restricted use pesticide 
applications per year. Of the 307,151 certified private applicators, 
approximately 3,600 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 .330 hours, 
which contributes to a total annual burden of 1,195 hours.
    (b) There are approximately 281,428 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 
1,386,877 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 7,274 hours. This is 
a decrease of 1,702 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: 592,233--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 16 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.
    (c) State agency personnel, who work under cooperative agreements 
with AMS to conduct restricted use pesticide records inspections, have 
approximately 3,591 responses annually.
    Estimated Total Annual Burden on Respondents: 1,797,714. This 
revision in the Total Annual Burden on Respondents increases the 
current burden by 116,917 hours due to the increase in the number of 
restricted use pesticides applications that the private applicators are 
making annually. Although there are fewer states participating in the 
cooperative program, the total annual burden did increase.
    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 should be sent to Bonnie Poli, 
Pesticide Records Branch, Science and Technology, Agricultural 
Marketing Service, Suite 203, 8609 Sudley Road, Manassas, Virginia 
20110-4582. 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: December 10, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E7-24202 Filed 12-13-07; 8:45 am]
BILLING CODE 3410-02-P