[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77817-77820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32075]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9327-8]


Agency Information Collection Activities; Proposed Renewal of 
Several Currently Approved Collections; Comment Request

AGENCY: Environmental Protection Agency (EPA).

[[Page 77818]]


ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit requests to renew several currently approved Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICRs are specifically identified in this document by their 
corresponding titles, EPA ICR numbers, OMB Control numbers, and related 
docket identification (ID) numbers. Before submitting these ICRs to OMB 
for review and approval, EPA is soliciting comments on specific aspects 
of the information collection activities.

DATES: Comments must be received on or before February 13, 2012.

ADDRESSES: Submit your comments, identified by the docket ID number for 
the corresponding ICR as identified in this document, by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to the docket ID number for the 
corresponding ICR as identified in this document. EPA's policy is that 
all comments received will be included in the docket without change and 
may be made available on-line 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 regulations.gov or email. The 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 email comment directly to EPA without 
going through regulations.gov, your email address will be automatically 
captured and included as part of the comment that is placed in the 
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.
    Docket: All documents in the docket are listed in the docket index 
available in http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of 
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The Docket Facility telephone 
number is (703) 305-5805.

FOR FURTHER INFORMATION CONTACT: Rame Cromwell, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9068; fax number: (703) 308-5884; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits 
comments and information to enable it to:
    1. Evaluate 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. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
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. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified 
under DATES.
    8. 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.

III. What do I need to know about PRA?

    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information subject to PRA approval 
unless it displays a currently valid OMB control number. The OMB 
control numbers for EPA's regulations in title 40 of the Code of 
Federal Regulations (CFR), after appearing in the preamble of the final 
rule, are further displayed either by publication in the Federal 
Register or by other appropriate means, such as on the related 
collection instruments or form, if applicable. The display of OMB 
control numbers for certain EPA regulations is consolidated in a list 
at 40 CFR 9.1.
    Under PRA, burden means the total time, effort, or financial 
resources expended by persons to generate,

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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 information, 
processing and maintaining information, and disclosing and providing 
information; adjust the existing ways to comply with any previously 
applicable instructions and requirements which have subsequently 
changed; 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.

IV. Which ICRs are being renewed?

    EPA is planning to submit a number of currently approved ICRs to 
OMB for review and approval under PRA. In addition to specifically 
identifying the ICRs by title and corresponding ICR, OMB and docket ID 
numbers, this unit provides a brief summary of the information 
collection activity and the Agency's estimated burden. The Supporting 
Statement for each ICR, a copy of which is available in the 
corresponding docket, provides a more detailed explanation.

A. Docket ID Number EPA-HQ-OPP-2011-0737

    Title: Application and Summary Report for an Emergency Exemption 
for Pesticides.
    ICR numbers: EPA ICR No. 0596.10, OMB Control No. 2070-0032.
    ICR status: The approval for this ICR is scheduled to expire on 
July 31, 2012.
    Affected entities: Entities potentially affected by this ICR 
include Administration of Environmental Quality Programs, subsector 
groups, or government establishments primarily engaged in the 
administration of environmental quality.
    Abstract: This Information Collection Request (ICR) is a renewal of 
an existing ICR that is currently approved by OMB and is due to expire 
July 31, 2012. Section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) authorizes EPA to grant emergency exemptions to 
states and Federal agencies to allow an unregistered use of a pesticide 
for a limited time if EPA determines that emergency conditions exist. A 
section 18 action arises when growers and others encounter a pest 
problem on a site for which there is either no registered pesticide 
available, or for which there is a registered pesticide that would be 
effective but is not yet approved for use on that particular site. 
Section 18 also allows EPA to grant unregistered pesticide use 
exemptions for public health and quarantine reasons.
    Most requests for emergency exemptions are made by state lead 
agricultural agencies, although agencies such as the United States 
Departments of Agriculture (USDA), Defense (DOD) and Interior (USDI) 
also request exemptions. This process is generally initiated when 
growers in particular regions identify an urgent, non-routine situation 
which registered pesticides will not alleviate. The growers contact 
their state lead agency (usually a state's department of agriculture) 
and request that the state agency apply to EPA for a section 18 
emergency exemption for a particular use. The state agency evaluates 
the requests and submits requests to EPA for emergency exemptions they 
believe are warranted. The uses are requested for a limited period of 
time to address the emergency situation only.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
15,741 for state government applicants for FIFRA section 18 program. 
The ICR, a copy of which is available in the docket, provides a 
detailed explanation of this estimate, which is only briefly summarized 
here:
    Estimated total number of potential respondents: 60.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 2-
3.
    Estimated total annual burden hours: 15,741 hours.
    Estimated total annual costs: $917,993. This is the estimated 
burden cost; there is no cost for capital investment or maintenance and 
operational costs in this information collection.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall decrease of 33,759 hours in the 
total estimated respondent burden identified in the currently approved 
ICR. The total annual respondent burden cost has decreased due to a 
change in the average number of section 18s requested per year from 494 
to 159. For the next renewal cycle the Agency projects it will receive 
approximately 159 section 18 applications each year over the next three 
years. The Agency believes that respondents will experience some burden 
reduction over the next three years due to the streamlined 
recertification process for section 18 applications.

B. Docket ID Number EPA-HQ-OPP-2011-0843

    Title: Notice of Arrival of Pesticides and Devices under Section 
17(c) of FIFRA.
    ICR numbers: EPA ICR No. 0152.10, OMB Control No. 2070-0020.
    ICR status: The approval for this ICR is scheduled to expire on 
August 31, 2012.
    Affected entities: Entities potentially affected by this ICR are 
individuals or entities that import pesticides into the United States. 
The North American Industrial Classification System (NAICS) codes 
assigned to the parties responding to this information collection 
include NAICS code 236220 (commercial and institutional building 
construction), sector 11 (agriculture, forestry, fishing, and hunting), 
and sector 42 (wholesale trade). The majority of responses come from 
entities that fall under NAICS code 325300 (pesticide and other 
agricultural chemical manufacturing).
    Abstract: The Customs and Border Protection (CBP) regulations at 19 
CFR 12.112 require that an importer desiring to import a pesticide or 
device into the United States shall, prior to the shipment's arrival in 
the United States, submit a Notice of Arrival of Pesticides and Devices 
(EPA Form 3540-1) to EPA. EPA Form 3540-1 requires the identification 
and contact information of parties involved in the importation of the 
pesticide or device and information on the identity of the imported 
pesticide or device shipment. EPA will review the form and indicate the 
disposition of the shipment upon its arrival in the United States. Upon 
completing Form 3540-1, EPA returns the form to the importer of record 
or authorized agent, who must present the form to CBP upon arrival of 
the shipment at the port of entry. This is necessary to ensure that EPA 
is notified of the arrival of pesticides and devices as required under 
the FIFRA section 17(c), and that EPA has the ability to examine such 
shipments to determine compliance with FIFRA. Upon the arrival of the 
shipment, the importer presents the completed notice of arrival (NOA) 
to the CBP District Director at the port of entry. CBP compares entry 
documents for the shipment with the NOA and notifies the EPA regional 
office of any discrepancies.
    During this renewal of this information collection, EPA proposes to 
amend Form 3540-1. The proposed amendments clarify the instructions for 
completing the form, revise the data items, and update the terminology 
used on the form to be consistent with those

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used by CBP. In addition, EPA is capturing the burden of providing 
supplemental information submitted with Form 3540-1 to the Agency by 
most importers on a voluntary basis.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.43 
hours per response. The ICR, a copy of which is available in the 
docket, provides a detailed explanation of this estimate, which is only 
briefly summarized here:
    Estimated total number of potential respondents: 28,000.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 12,040 hours.
    Estimated total annual costs: $685,146. This is the estimated 
burden cost; there is no cost for capital investment or maintenance and 
operational costs in this information collection.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall increase of 4,540 hours in the total 
estimated respondent burden identified in the currently approved ICR. 
This increase is a result of an increase in the annual number of NOAs 
submitted and an increase in the burden hours per response. The annual 
number of NOAs submitted to EPA increased from 25,000 to 28,000. The 
average burden hours per response will change from 0.3 hours for the 
previous ICR renewal to 0.43 hours for this ICR renewal. This change in 
burden hours per response is a result of changes to the data items on 
Form 3450-1, as well as an accounting of the burden of voluntarily 
submitting certain information. Specifically, this burden estimate 
accounts for the new burdens related to providing information for the 
telephone numbers and email addresses of the shipper, importer of 
record, licensed broker, and ultimate consignee when supplying name and 
address information, and that the complete address, including telephone 
and email address, of the carrier be provided. In addition, EPA is 
accounting for the burden of voluntarily providing active ingredients 
and percentage of each, supporting documentation for registered and 
unregistered pesticides, as well as intended use information for 
unregistered pesticides. This change is an adjustment.

C. Docket ID Number EPA-HQ-OPP-2011-0886

    Title: Application for New and Amended Pesticide Registration.
    ICR numbers: EPA ICR No. 0277.16, OMB Control No. 2070-0060.
    ICR status: The approval for this ICR is scheduled to expire on 
July 31, 2012.
    Affected entities: Entities potentially affected by this ICR are 
individuals or entities engaged in activities related to the 
registration of pesticide products. The NAICS code assigned to the 
entities responding to this information is 325300 (pesticide and other 
agricultural and chemical manufacturing).
    Abstract: This ICR renewal will allow EPA to collect necessary data 
to evaluate an application of a pesticide product as required under 
section 3 of FIFRA, and the Federal Food, Drug, and Cosmetic Act 
(FFDCA), as amended by the Food Quality Protection Act (FQPA) of August 
3, 1996. Under FIFRA, EPA must evaluate pesticides thoroughly before 
they can be marketed and used in the United States, to ensure that they 
will not pose unreasonable adverse effects to human health and the 
environment. Pesticides that meet this test are granted a license or 
``registration'' which permits their distribution, sale, and use 
according to requirements set by EPA to protect human health and the 
environment. The producer of the pesticide must provide data from tests 
done according to EPA guidelines or other test methods that provide 
acceptable data. These tests must determine whether a pesticide has the 
potential to cause adverse effects on humans, wildlife, fish and 
plants, including endangered species and non-target organisms, as well 
as possible contamination of surface water or groundwater from 
leaching, runoff and spray drift. EPA also must approve the language 
that appears on each pesticide label. A pesticide product can only be 
used according to the directions on the labeling accompanying it at the 
time of sale, through its use and disposal.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to range from 14 
hours to 840 hours, depending upon the type of response. The ICR, a 
copy of which is available in the docket, provides a detailed 
explanation of this estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 1,758.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
     Estimated total annual burden hours: 55,412 hours.
    Estimated total annual costs: $4,101,100. This is the estimated 
burden cost; there is no cost for capital investment or maintenance and 
operational costs in this information collection.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall decrease of 20,768 hours in the 
total estimated respondent burden identified in the currently approved 
ICR. This decrease reflects fewer expected responses across all 
response types. The reduction in EPA's response estimate is primarily 
from a reduction in ``Type B'' activities, which include amendments and 
notifications, in the Antimicrobial Division. Based on experience over 
the past three years, the Agency has reduced the number of responses to 
reflect estimates closer to actual number of responses. In addition, 
due to some industry consolidation and based on registration 
maintenance fee data, EPA has identified 42 fewer ICR respondents. This 
change is an adjustment.

V. What is the Next Step in the Process for these ICRs?

    EPA will consider the comments received and amend the individual 
ICRs as appropriate. The final ICR packages will then be submitted to 
OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue 
another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of these ICRs to OMB and the opportunity for 
the public to submit additional comments for OMB consideration. If you 
have any questions about any of these ICRs or the approval process in 
general, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 7, 2011.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2011-32075 Filed 12-13-11; 8:45 am]
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