[Federal Register Volume 75, Number 172 (Tuesday, September 7, 2010)]
[Pages 54339-54340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22196]



[EPA-HQ-OPP-2009-0887; FRL-9196-9; EPA ICR No. 0616.10; OMB Control No. 

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Compliance Requirement for Child-
Resistant Packaging

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 
3501 et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The ICR, which is abstracted below, describes the 
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 7, 

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2009-0887, to (1) EPA online using http://www.regulations.gov (our 
preferred method), or by mail to: EPA Docket Center, Environmental 
Protection Agency, OPP Regulatory Public Docket (7502P), Office of 
Pesticide Programs (OPP), 1200 Pennsylvania Ave., NW., Washington, DC 
20460, and (2) OMB by mail to: Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attention: Desk Officer 
for EPA, 725 17th Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External 
Affairs Division, Office of Pesticide Programs, (7506P), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 703-347-0107; fax number: 703-305-5884; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On Wednesday, March 3, 2010 (75 FR 9594), EPA sought comments 
on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPP-2009-0887, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the OPP Regulatory 
Public Docket in Rm. S-4400, One Potomac Yard (South Building), 2777 S. 
Crystal Drive, Arlington, VA. This docket facility is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the OPP Regulatory Public Docket is 703-305-5805.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket

[[Page 54340]]

that are available electronically. Once in the system, select ``docket 
search,'' then key in the docket ID number identified above. Please 
note that EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
at http://www.regulations.gov as EPA receives them and without change, 
unless the comment contains copyrighted material, confidential business 
information (CBI), or other information whose public disclosure is 
restricted by statute. For further information about the electronic 
docket, go to http://www.regulations.gov.
    Title: Compliance Requirement for Child-Resistant Packaging.
    ICR numbers: EPA ICR No. 0616.10, OMB Control No. 2070-0052.
    ICR Status: This ICR is scheduled to expire on November 30, 2010. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 the EPA with assurances 
that the packaging of pesticide products sold and distributed to the 
general public in the United States meets standards set forth by the 
Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA). Unless a pesticide product qualifies for an exemption, if 
the product meets certain criteria regarding toxicity and use, it must 
be sold and distributed in child-resistant packaging. Section 25(c)(3) 
of FIFRA authorizes EPA to establish standards for packaging of 
pesticide products and pesticidal devices to protect children and 
adults from serious illness or injury resulting from accidental 
ingestion or contact. The law requires that these standards are 
designed to be consistent with those under the Poison Prevention 
Packaging Act, administered by the Consumer Product Safety Commission 
(CPSC). Pesticide registrants must certify to the Agency that the 
packaging or device meets these standards. EPA reviews a registrant's 
child-resistant packaging (CRP) certification to determine if there are 
human safety/health risk concerns. Exemption requests are reviewed to 
ascertain if there is a health risk, and if CRP is technically 
feasible, practicable, and appropriate.
    Responses to this collection of information are mandatory under 
authority of 40 CFR part 157.34. Although submission of confidential 
information is not required as a part of this information collection, 
there has been at least one instance where confidential data have been 
submitted voluntarily as supporting material for an exemption request 
from CRP compliance requirements. When any trade secret or Confidential 
Business Information (CBI) is provided to EPA, such information is 
protected from disclosure under section 10 of FIFRA. Data submitted to 
EPA is handled strictly in accordance with the provisions of the FIFRA 
Confidential Business Information Manual.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 4.2 
hours per response. The ICR provides a detailed explanation of this 
estimate, which is only briefly summarized here, and is available in 
the public docket.
    Respondents/Affected Entities: All registrants of pesticide 
products meeting the use criteria which trigger Child-Resistant 
Packaging (CRP) requirements.
    Estimated Number of Responses: 1,165.
    Frequency of Response: On Occasion.
    Estimated Total Annual Hour Burden: 4,893.
    Estimated Total Annual Cost: $261,237.
    Changes in the Estimates: There is an increase of 1,420 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase reflects EPA's expectation of an 
increase in the number of responses driven by an influx of CRP 
certifications associated with the implementation of the registration 
review program. In addition, the exclusive use period for certain 
pesticide chemicals is expiring. Registrants with products using these 
chemicals will now be required to provide their own CRP test data, 
which will have to be reviewed for human safety/health risk concerns. 
The total burden hours per response for compliance with the CRP 
requirements decreased from 4.94 hours to 4.20 hours. The average 
burden estimate for CRP exemptions has increased. However, the 
distribution of responses has changed, resulting in a net shift from 
more burdensome to less burdensome type responses. This change is an 

    Dated: August 28, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-22196 Filed 9-3-10; 8:45 am]