[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11427-11429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04230]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0749; FRL-9181-01-OCSP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing Collection and Request for Comment; Foreign Purchaser 
Acknowledgement Statement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
an Information Collection Request (ICR) that EPA is planning to submit 
to the Office of Management and Budget (OMB). The ICR, entitled: 
``Foreign Purchaser Acknowledgement Statement'' and identified by EPA 
ICR No. 0161.16 and OMB Control No. 2070-0027, represents the renewal 
of an existing ICR that is scheduled to expire on December 31, 2022. 
Before submitting the ICR to OMB for review and approval under the PRA, 
EPA is soliciting comments on specific aspects of the information 
collection that is summarized in this document. The ICR and 
accompanying material are available in the docket for public review and 
comment.

DATES: Comments must be received on or before May 2, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID)

[[Page 11428]]

number EPA-HQ-OPP-2021-0749, though the Federal eRulemaking Portal at 
https://www.regulations.gov. Follow the online instructions for 
submitting comments. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is opened to visitors by 
appointment only. For the latest status information on EPA/DC and 
docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Carolyn Siu, Regulatory Support Branch (7101M), Office of Chemical 
Safety and Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-1205; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
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 information collection activity or ICR does this action apply 
to?

    Title: Foreign Purchaser Acknowledgement Statement.
    ICR numbers: EPA ICR No. 0161.16, and OMB Control No. 2070-0027.
    ICR status: This ICR is currently scheduled to expire on December 
31, 2022. 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 Code of Federal Regulations (CFR), after 
appearing in the Federal Register when approved, 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 for certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: This ICR addresses the information collection activities 
associated with the requirement that the EPA receive notice from 
pesticide registrants that foreign purchasers of unregistered 
pesticides exported from the United States. This statement is to 
ascertain understanding that the pesticide product cannot be sold in 
the United States. Section 17(a)(2) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) requires an exporter of any 
pesticide not registered under FIFRA section 3 or sold under FIFRA 
section 6(a)(1) to obtain a signed statement from the foreign purchaser 
acknowledging that the purchaser is aware that the pesticide is not 
registered for use in, and cannot be sold in, the United States. A copy 
of this statement, which is known as the Foreign Purchaser 
Acknowledgement Statement, or FPAS, must be transmitted, by EPA, to the 
Designated National Authority or appropriate official of the government 
in the importing country. This information is submitted via mail or 
electronically through the Central Data Exchange (CDX) in the form of 
annual or per-shipment statements to EPA, which maintains original 
records and transmits copies, along with an explanatory letter, via 
email to appropriate government officials of the countries that are 
importing the pesticide.
    In addition to the export notification for unregistered pesticides, 
FIFRA requires that all exported pesticides include appropriate 
labeling. There are different requirements for registered and 
unregistered products. For registered products, export labeling 
requirements alone meet the definition of third-party notification. In 
the interests of consolidating various related information collection 
requests, this ICR includes burden estimates for the FPAS requirement 
for unregistered pesticides, as well as the labeling requirement for 
all exported pesticides, both registered and unregistered. These 
burdens have been consolidated in this ICR since the implementation of 
the 1993 pesticide export policy governing the export of pesticides, 
devices, and active ingredients used in producing pesticides.
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 1.06 
hours per response. Burden is defined in 5 CFR 1320.3(b).
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are individuals or entities engaged that either manufacture 
and export pesticides or that reformulate or repackage and export 
pesticides. The North American Industrial Classification System (NAICS) 
code assigned to the parties responding to this information is 3250A1.
    Respondent's obligation to respond: Mandatory under FIFRA section 
17(a)(2).
    Estimated total number of potential respondents: 2,240.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
5,014.
    Estimated total annual burden hours: 16,660 hours.
    Estimated total annual costs: $1,265,501, which includes an 
estimated cost of $0 for capital investment or maintenance and 
operational costs.

III. Are there changes in the estimates from the last approval?

    There is no change in burden from that currently approved by OMB. 
There were adjustments to the Agency burden estimate related to the 
ongoing COVID 19 public health emergency, during which EPA has had 
limited access to regular mail since March 2020, which prompted EPA to 
announce a temporary COVID 19 flexibility to allow for secure 
electronic submissions (86 FR 46246, August 18, 2021) (FRL-8721-01-
OCSPP). Given this circumstance, EPA cannot yet estimate the annual 
changes in the number of submissions based on historical data about 
submission over the last 3 years, and/or changes in

[[Page 11429]]

burden since the existing ICR was approved by OMB. Instead, this ICR 
relies on previous estimates and assumes the numbers have largely 
remained steady over the past 3 years.
    In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal 
agencies and departments and is based on the submission instructions 
established by OMB in 1995, replacing the alternate format developed by 
EPA and OMB prior to 1995. The Agency does not expect this change in 
format to result in substantive changes to the information collection 
activities or related estimated burden and costs.

IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. EPA will issue another 
Federal Register document 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 this ICR or 
the approval process, please contact the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.

    Dated: February 23, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2022-04230 Filed 2-28-22; 8:45 am]
BILLING CODE 6560-50-P