[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66445-66446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21037]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA- HQ-OECA-2011-0824; FRL-11432-01-OMS]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Pesticide Establishment Application, 
Notification of Registration, and Pesticide Production Reports for 
Pesticide-Producing and Device-Producing Establishments (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), Pesticide Establishment 
Application, Notification of Registration, and Pesticide Production 
Reports for Pesticide-Producing and Device-Producing Establishments 
(EPA ICR Number 0160.13, OMB Control Number 2070-0078) to the Office of 
Management and Budget (OMB) for review and approval in accordance with 
the Paperwork Reduction Act. This is a proposed extension of the ICR, 
which is currently approved through September 30, 2023. Public comments 
were previously requested via the Federal Register on February 14, 2023 
during a 60-day comment period. This notice allows for an additional 30 
days for public comments.

DATES: Comments may be submitted on or before October 27, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2011-0824 to, EPA online using www.regulations.gov (our preferred 
method), by email to [email protected] 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.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Michelle Yaras, Office of Compliance, 
Monitoring, Assistance, and Media Programs Division, Pesticides, Waste 
& Toxics Branch 2227A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 
564-4153; email address: [email protected].

SUPPLEMENTARY INFORMATION: 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.
    Public comments were previously requested via the Federal Register 
on February 14, 2023 during a 60-day comment period (88 FR 9516). This

[[Page 66446]]

notice allows for an additional 30 days for public comments. This 
notice allows for an additional 30 days for public comments. 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.
    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: EPA Forms 3540-8 and 3540-16.
    Respondents/affected entities: Establishments producing pesticides.
    Respondent's obligation to respond: Mandatory (40 CFR part 167).
    Estimated number of respondents: 20,607 (total).
    Frequency of response: Annually.
    Total estimated burden: 33,219.69 hours (per year). Burden is 
defined at 5 CFR 1320.03(b)
    Total estimated cost: $2,733,968.15 (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 6,084.43 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 32.67 percent 
increase in the total number of establishments (14,248 in 2019 to 
18,904 in 2023). Additional increases are due to changes in the salary 
tables used in the calculations. There have only been minor changes in 
the time used to calculate each individual activity.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-21037 Filed 9-26-23; 8:45 am]
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