[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Notices]
[Pages 49489-49491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20081]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9189-5; EPA-HQ-OEI-2010-0263]


Establishment of a New System of Records for Personal Information 
Collected by the Environmental Protection Agency When Certifying 
Pesticide Applicators

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's (EPA) Office of 
Pesticide Programs, Field & External Affairs Division, is giving notice 
that it proposes to create a new system of records pursuant to the 
provisions of the Privacy Act of 1974 (5 U.S.C. 552a). This system of 
records contains personal information collected when EPA certifies 
persons to apply restricted use pesticides (RUPs).

DATES: Persons wishing to comment on this new system of records notice 
must do so by September 22, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
2010-0263, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     E-mail: [email protected].
      Fax: 202-566-1752.
     Mail: OEI Docket, Environmental Protection Agency, Mail 
code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, EPA West Building, Room 
3334, 1301 Constitution Ave., NW., Washington, DC. Such deliveries are 
only accepted during the docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2010-0263. EPA's policy is 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 for which 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov. 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 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available (e.g., CBI or other information 
for which disclosure is restricted by statute). Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the OEI 
Docket, EPA/DC, EPA West Building, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1745.

FOR FURTHER INFORMATION CONTACT: Jenna Carter, Office of Pesticide 
Programs, Field & External Affairs Division, U.S. Environmental 
Protection Agency, Mail Code 7506P, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number 703-308-8370.

SUPPLEMENTARY INFORMATION: 

I. General Information

    The U.S. Environmental Protection Agency plans to create a Privacy 
Act system of records to document the Agency's decisions on 
applications filed requesting certification to apply restricted use 
pesticides (RUP) under certification plans administered by EPA regional 
offices or the Office of Pesticide Programs. The types of information 
in the system include: (1) Contact information (e.g., name, address, 
telephone number, e-mail address); (2) identification information 
(e.g., birth date, proof of identification (e.g., driver's license 
no.)), physical description (e.g., height, weight, gender, race)) (3) 
certification information (e.g., EPA certified applicator number, 
certification type (private or commercial), certification categories 
(e.g., aerial, aquatic, fumigation), certification issuance and 
expiration dates, and (4) information regarding qualifications (e.g., 
scores from EPA certification examinations; records of training and 
continuing education; state, tribal or other federal agency 
certification number(s), types, categories, issuance and expiration 
dates; records of compliance with federal, state and tribal pesticide 
laws). Some of this information is provided by the pesticide 
applicators applying for EPA certification, and some is generated 
during the certification process.
    The above information will be contained in one or more databases 
(such as Lotus Notes) that reside on servers in EPA offices. The 
database(s) may be specific to one particular pesticide applicator 
certification plan, or may encompass several EPA pesticide applicator 
certification plans. Records maintained in the database will include 
applications, certifications, Agency decisions and correspondence 
related to applicators seeking and maintaining EPA certifications.
    Records protected under the Privacy Act are subject to Agency-wide 
security requirements governing all database systems at EPA. Privacy is 
maintained by limiting access to database systems containing personal 
information. Access to any such database system is limited to system 
administrators, individuals responsible for evaluating the applications 
and issuing the EPA certification, and program personnel responsible 
for data entry. Physical access to the area where certifications are 
processed is limited to EPA employees with building key cards. Paper 
applications are stored in a locked cabinet when not in use. System 
administrators will routinely disclose certain personal information 
(e.g.,

[[Page 49490]]

names, addresses, EPA certification numbers, categories of 
certification) upon request. EPA's Office of Pesticide Programs, Field 
& External Affairs Division, will exercise general oversight of the 
system of records associated with EPA-administered pesticide applicator 
certification plans; databases for particular pesticide applicator 
certification plans may be maintained by EPA regional offices and other 
divisions of the Office of Pesticide Programs as authorized by the 
Field & External Affairs Division.

    Dated: July 19, 2010.
Linda A. Travers,
Principal Deputy Assistant Administrator and Deputy Chief Information 
Officer.
EPA-59

System Name:
    Records of Pesticide Applicators Certified Under EPA-Administered 
Certification Plans

System Location:
    USEPA, Office of Pesticide Programs, Field & External Affairs 
Division, Mail Code 7506P, 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and other EPA offices authorized by the Field & External Affairs 
Division to maintain portions of the system.

Categories of Individuals Covered by the System:
    Persons certified or seeking certification to apply restricted use 
pesticides (RUPs) under Certification Plans administered by EPA.

Categories of Records in the System:
    (a) Contact information (e.g., name, address, telephone number, 
email address).
    (b) Identification information (e.g., birth date, proof of 
identification (e.g., driver's license no.), physical description 
(e.g., height, weight, gender, race)).
    (c) Data generated by EPA in the processing of the EPA 
certification (e.g., EPA certified applicator number, certification 
type (private or commercial), certification categories (e.g., aerial, 
aquatic, fumigation), certification issuance and expiration dates).
    (d) Information regarding qualifications (e.g., scores from EPA 
certification examinations; records of training and continuing 
education; state, tribal or other federal agency certification 
number(s), types, categories, issuance and expiration dates; records of 
compliance with federal, state and tribal pesticide laws).

Authority for Maintenance of the System (Includes Any Revisions or 
Amendments):
    Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 
11(a)(1) provides for the certification of RUP applicators. 40 CFR 
171.11 further describes certification procedures including the 
completion and submission of certification applications to EPA, 
issuance/revocation of certificates, monitoring of certifications, and 
applicator recordkeeping requirements.

Purpose(s):
    The primary purpose of the system is to track RUP applicator 
certifications issued by EPA under pesticide applicator certification 
plans, including the initial applications/issuance and any renewals, 
denials, or revocations of certifications. Certified applicators are 
subject to RUP recordkeeping requirements under FIFRA, section 11 and 
40 CFR part 171. The system may also be used to contribute to the 
development of inspection targeting schemes to verify compliance with 
recordkeeping requirements for RUPs.

Routine Uses of Records Maintained in the System, Including Categories 
of Users, and the Purposes of Such Uses:
    RUPs may not be distributed, sold, or made available to persons 
other than certified applicators. The system will be used to record the 
identity and certification status of pesticide applicators certified by 
EPA. Certain personal information contained in the system (e.g., date 
of birth, drivers' license numbers) will be protected from general 
disclosure under the Privacy Act: however, many of the records will be 
subject to general routine uses (http://www.epa.gov/privacy/notice/general.htm), particularly routine uses A, B, C, F, G, H, and K. Such 
routine uses will include disclosures to RUP retailers and dealers in 
order to verify the status of persons claiming to be certified by EPA, 
and to state or tribal officials intending to grant certifications 
based upon EPA's prior certification. Information from this system also 
may be disclosed for law enforcement purposes to federal, state, and 
tribal officials responsible for pesticide enforcement. Disclosure will 
assist in determining compliance and non-compliance with Federal, 
State, and tribal requirements of certified applicators.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
     Storage: Records will be stored using the Agency's 
standard database system (e.g., Lotus Notes) and managed by system 
administrators and Pesticide Office personnel.
     Retrievability: Data will be retrieved by the applicator's 
name and certification action (e.g., new, recertification, duplicate).
     Safeguards:
    --Standard Agency-wide protections for internal databases.
    --The access control list is limited to Agency system 
administrators, individuals responsible for evaluating applications and 
issuing the EPA certifications and program personnel responsible for 
data entry. No other EPA personnel have access to the database(s). 
Program personnel are trained to protect sensitive and confidential 
information submitted under FIFRA. No external access to the system is 
provided.
     Retention and Disposal: Records stored in this system are 
subject to Schedule 090.
     System Manager(s) and Address: Jenna Carter, Office of 
Pesticide Programs, Field & External Affairs Division, U.S. 
Environmental Protection Agency, Mail Code 7506P, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number 703-308-8370.

Notification Procedures:
    Requests to determine whether this system of records contains a 
record pertaining to you must be sent to the Agency's Freedom of 
Information Office. The address is: U.S. Environmental Protection 
Agency; 1200 Pennsylvania Ave., NW., Room 6416 West; Washington, DC 
20460; (202) 566-1667; E-mail: ([email protected]); Attn: Privacy Act 
Officer.

Record Access Procedures:
    Persons seeking access to their own personal information in this 
system of records will be required to provide adequate identification 
(e.g., driver's license, military identification card, employee badge 
or identification card) and, if necessary, proof of authority. 
Additional identity verification procedures may be required as 
warranted. Requests must meet the requirements of EPA regulations at 40 
CFR part 16.

Contesting Records Procedures:
    Requests for correction or amendment must identify the record to be 
changed and the corrective action sought. Complete EPA Privacy Act 
procedures are set out at 40 CFR part 16.

Record Source Categories:
    There are three sources of data for records stored in the system:

[[Page 49491]]

    (1) State, tribal or other Federal certification data upon which 
the EPA certification is based.
    (2) Data provided by the requesting applicator at the time of its 
request for EPA certification.
    (3) Data generated by EPA in the processing of the EPA 
certification.

System exempted from certain provisions of the Privacy Act:
    None.

[FR Doc. 2010-20081 Filed 8-12-10; 8:45 am]
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