[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9516-9517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03050]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0824; FRL-10651-01-OECA]


Proposed Information Collection Request; Comment Request; 
Application for Registration and Pesticide Report for Pesticide-
Producing and Device-Producing Establishments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Application for Registration 
and Pesticide Report for Pesticide-Producing and Device-Producing 
Establishments'' (EPA ICR No. 0160.12, OMB Control No. 2070-0078) to 
the Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act. Before doing so, EPA is 
soliciting public comments on specific aspects of the proposed 
information collection as described below. This is a proposed extension 
of the ICR, which is currently approved through September 30, 2023. 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.

DATES: Comments must be submitted on or before April 17, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2011-0824, online using www.regulations.gov (our preferred method) or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Michelle Yaras, Office of Compliance, 
Monitoring, Assistance, and Media Programs Division, Pesticides, Waste 
& Toxics Branch (2225A), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-4153; email: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) 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; (ii) evaluate 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; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) 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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: The Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) Section 7(a) requires that any person who produces pesticides, 
active ingredients or devices subject to the Act must register with the 
Administrator of EPA the establishment in which the pesticide, active 
ingredient or device is produced. This section further requires that 
application for registration of any establishment shall include the 
name and address of the establishment and of the producer who operates 
such an establishment. EPA Form 3540-8, Application for Registration of 
Pesticide-Producing and Device-Producing Establishments, is used to 
collect the establishment registration information required by this 
section.
    FIFRA Section 7(c) requires that any producer operating an 
establishment registered under Section 7 report to the Administrator 
within 30 days after it is registered, and annually thereafter by March 
1st for certain pesticide or device production and sales or 
distribution information. The producers must report which types and 
amounts of pesticides, active ingredients, or devices are currently 
being produced, were produced during the past year, sold or distributed 
in the past year. The supporting regulations at 40 CFR part 167 provide 
the requirements and time schedules for submitting production 
information. EPA Form 3540-16, Pesticide Report for Pesticide-Producing 
and Device-Producing Establishments, is used to collect the pesticide 
production information required by Section 7(c) of FIFRA.
    Establishment registration information, collected on EPA Form 3540-
8, is a one-time requirement for all pesticide-producing and device-
producing establishments. Pesticide and device production information, 
reported on EPA Form 3540-16, is required to be submitted within 30 
days after the company is notified of their pesticide-producing or 
device-producing establishment number, and annually thereafter on or 
before March 1st. Pesticide-producing and device-producing 
establishments optionally can electronically enter and submit their 
establishment registration information and pesticide production 
information through EPA's Central Data Exchange (CDX).
    Form Numbers: 3540-8 and 3540-16.

[[Page 9517]]

    Respondents/affected entities: Establishments producing pesticides.
    Respondent's obligation to respond: Mandatory (40 CFR part 167).
    Estimated number of respondents: 19,114 (total).
    Frequency of response: Annually.
    Total estimated burden: 48,830.40 hours (per year). Burden is 
defined at 5 CFR 1320.03(b).
    Total estimated cost: $3,724,075.10 (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in estimates: There is an increase of 5,993.68 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is a result of the COVID-19 pandemic 
causing a 109.1 percent increase in the average number of new 
establishments (815 in 2019 to 1703 in 2023) and a 34.15% increase in 
the total number of establishments (14,248 in 2019 to 19,114 in 2023). 
Additional increases are due to the increase in the salary tables used 
in the calculations.

Elizabeth Vizard,
Acting Director, Office of Compliance/MAMPD.
[FR Doc. 2023-03050 Filed 2-13-23; 8:45 am]
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