[Federal Register Volume 76, Number 87 (Thursday, May 5, 2011)]
[Notices]
[Pages 25663-25664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11041]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 76, No. 87 / Thursday, May 5, 2011 / 
Notices  

[[Page 25663]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Document No. AMS-ST-11-0032]


Notice of 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 June 30, 2011 will be considered.

ADDITIONAL INFORMATION OR COMMENTS: Contact Jeffery Haynes, Chief, 
Pesticide Records Staff, Science and Technology Program, 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: November 30, 2014.
    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 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 collects 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 Program 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 292,251 certified private applicators 
(recordkeepers) apply restricted use pesticides under the Federal 
regulations. It is estimated that each certified private applicator 
averages 1.31 hours per year to document their records for a total of 
382,849 annual burden hours. This is a 19,519 decrease in burden hours 
from the previous collection request due to a decrease in the number of 
certified private applicators and subsequent restricted use pesticide 
applications. The current data indicates that each certified private 
applicator makes an average of approximately 16 restricted use 
pesticide applications per year. Of the 292,251 certified private 
applicators, approximately 3,591 are selected annually for 
recordkeeping inspections. It is estimated that a private applicator 
that is subject to a pesticide record inspection has an additional 
annual burden of .333 hours, which contributes to an additional annual 
burden of 1,196 hours.
    (b) There are approximately 207,162 certified commercial 
applicators nationally who are required to provide copies of restricted 
use pesticide application records to their clients. It is estimated 
that each certified commercial applicator must provide an average of 
616 records to customers. The burden hours for certified commercial 
applicators to provide a record to each customer averages 0.0080 hour 
per record. The total annual burden to certified commercial applicators 
is 1,020,894 hours.
    (c) It is estimated that the State agency personnel from 27 States 
have 30 burden hours per State to equal 810 annual burden hours. State 
agency personnel from these 27 States conduct an average of 133 
certified private applicator inspections at an annual burden of 1.8 
hours per inspection to equal 6,464 annual burden hours. The total 
annual burden for the 27 States to develop a cooperative agreement with 
AMS and to inspect certified private applicator records have a total 
annual burden of 7,274 hours.
    Respondents: Certified private and commercial applicators, State 
governments or employees, and Federal agencies or employees.
    Estimated Number of Respondents: 499,467--The total number of 
respondents include 292,251 certified private applicators (which 
includes those selected for inspection), 207,162 certified commercial 
applicators, 27 designated State agency administrative personnel to 
implement cooperative agreements, and 27 designated State personnel to 
inspect certified private applicator's records.

[[Page 25664]]

    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 Hours on Respondents: 1,412,213. This 
revision in the Total Annual Burden on Respondents decreases the burden 
by 385,501 hours due to the decrease in the number of certified 
applicators and the number of restricted use pesticides applications 
that certified applicators are making annually.
    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. Comments should be sent to Jeffery Haynes, Chief, 
Pesticide Records Staff, Science and Technology Program, 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: April 29, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11041 Filed 5-4-11; 8:45 am]
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