[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36650-36652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15643]


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ENVIRONMENTAL PROTECTION AGENCY

[Doc EPA-HQ-OECA-2010-0531, FRL-9169-1]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Recordkeeping Requirements for Producers, Registrants, 
and Applicants of Pesticides and Pesticide Devices under Section 8 of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA 
ICR Number 0143.11, 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 January 31, 
2011. 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 August 27, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2010-0531 by one of the following methods:
    1. Electronic Submission: Access http://www.regulations.gov and 
follow the on-line instructions for submitting comments.
    2. E-mail: [email protected].
    3. Fax: (202) 566-9744.
    4. Mail: Enforcement and Compliance Docket and Information Center 
(ECDIC), Environmental Protection Agency, EPA Docket Center (EPA/DC), 
Mail Code: 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
    5. Hand Delivery: Enforcement and Compliance Docket and Information 
Center (ECDIC), Environmental Protection Agency, EPA Docket Center 
(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. Deliveries are 
only accepted during the Docket Center's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID Number: EPA-HQ-
OECA-2010-0531. It is EPA's policy that all comments received will be 
included in the public docket without change and may be made available 
online 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 http://www.regulations.gov or e-mail.
    The http://www.regulations.gov Web site 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 http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public 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

[[Page 36651]]

of encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Robin Nogle, tel: (202) 564-4154; fax: 
(202) 564-0085; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
number OECA-2010-0531. This docket is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Enforcement and 
Compliance Docket and Information Center (ECDIC), in the EPA Docket 
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC. The EPA/DC Public Reading Room is open from 8 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 and 
Information Center (ECDIC) docket is (202) 566-1752.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the public docket that are available electronically. When 
in the system, select ``search,'' then key in the docket ID number 
identified in this document.
    What information is EPA particularly interested in?
    Pursuant to section 3506(c) (2) (A) of the Paperwork Reduction Act 
(PRA), EPA is soliciting 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.
    What should I consider when I prepare my comments for EPA?
    You may find the following suggestions helpful for preparing 
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. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. 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.
    Affected Entities: Entities potentially affected by this action are 
producers, registrants, and applicants for registration of pesticides 
and pesticide devices.
    Title: Recordkeeping Requirements for Producers, Registrants, and 
Applicants of Pesticides and Pesticide Devices under Section 8 of the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). ICR Number 
0143.11, OMB Control Number 2070-0028. Expires 01/31/11.
    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 this 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 
Registration Application, Notification and Report for Pesticide-
Producing Establishments.'')
    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.
    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: 11,600.
    Estimated Number of Respondents: 11,600.
    Frequency of Response: 1.
    Estimated Total Annual Hour Burden: 23,200.
    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

[[Page 36652]]

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.
    EPA will consider any comments received and may amend the ICR, as 
appropriate. Then the final ICR package will be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue a 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 any of the 
above ICR or the approval process, please contact the person listed 
under FOR FURTHER INFORMATION CONTACT.

    Dated: June 17, 2010.
Al Havinga,
Acting Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.
[FR Doc. 2010-15643 Filed 6-25-10; 8:45 am]
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