[Federal Register: October 20, 2004 (Volume 69, Number 202)]
[Notices]
[Page 61632-61633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc04-21]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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[[Page 61632]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. ST04-06]
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 December 20, 2004, will be considered.
FOR FURTHER INFORMATION CONTACT: Contact Bonnie Poli, Pesticide Records
Branch, Science and Technology, 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: June 30, 2005.
Type of Request: Extension and revision of a currently approved
information collection.
Abstract: The regulations, ``Recordkeeping Requirements for
Certified Applicators of Federally Restricted Use Pesticides'' require
certified pesticide applicators to maintain records of federally
restricted use pesticide applications for a period of two years. The
regulations also provide for access to pesticide records or record
information by Federal or State officials, or by licensed health care
professionals who are needed to treat an individual who may have been
exposed to restricted use pesticides, and penalties for enforcement of
the recordkeeping and access provisions.
The Food, Agriculture, Conservation, and Trade Act of 1990, (Pub.
L. 101-624; 7 U.S.C. 136i-1), referred to as the FACT Act, directs and
authorizes the Department to develop regulations which establish
requirements for recordkeeping by all certified applicators of
federally restricted use pesticides. 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.
Section 1491 of the FACT Act directs and authorizes the Department
of Agriculture to ensure compliance with regulations as the Department
may prescribe, including levying penalties, for failure to comply with
such regulations.
Because this is a regulatory program with enforcement
responsibility, USDA must ensure that certified applicators are
maintaining restricted use pesticide application records for the two
year period required by the FACT Act. To accomplish this, USDA must
collect information through personal inspections of certified
applicator's restricted use pesticide application records.
The information collected is used only by authorized
representatives of the USDA (AMS, Science and Technology national
staff, other designated Federal employees, and designated State
supervisors and their staffs), who are delegated authority to access
the records pursuant to section 1491, subsection (b) of the FACT Act.
The information is used to administer the Federal Pesticide
Recordkeeping Program. The Agency is the primary user of the
information, and the secondary user 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 372,675 certified private applicators
(recordkeepers) apply restricted use pesticides. It is estimated that
certified private applicators average .415 hours per recordkeeper for a
total of 154,660 burden hours. This is a 9,999 decrease in burden hours
from the previous collection request due to fewer private applicators
in 2003. Of the 372,675 certified private applicators, approximately
4,600 are selected annually for recordkeeping inspections. It is
estimated that a private applicator that is subject to a pesticide
record inspection has an annual burden of .85 hours, which contributes
to a total annual burden of 3,910 hours.
(b) There are approximately 308,443 certified commercial
applicators nationally who are required to provide copies of restricted
use pesticide application records to their clients. It is estimated
that certified commercial applicators have a total annual burden of
1,520,007 hours.
(c) It is estimated that State agency personnel who work through
cooperative agreements with AMS to inspect certified private
applicator's records have a total annual burden of 8,976 hours. This is
a decrease of 2,044 burden hours from the previous collection request
due to fewer states participating in cooperative agreements with AMS.
Respondents: Certified private and commercial applicators, State
governments or employees, and Federal agencies or employees.
Estimated Number of Respondents: 685,786--The total number of
respondents includes certified commercial applicators, certified
private applicators (recordkeepers) and designated State agency
personnel utilized to inspect certified private applicator's records.
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 5 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.
[[Page 61633]]
(c) State agency personnel, who work under cooperative agreements
with AMS to conduct restricted use pesticide records inspections, have
approximately 4,420 responses annually.
Estimated Total Annual Burden on Respondents: 1,687,553. This
revision in the Total Annual Burden on Respondents decreases the
current burden by 12,043 hours due to the decrease in the number of
private applicators required to keep records and fewer states
participating in the cooperative program.
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, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology. Comments may be sent to Bonnie Poli,
Pesticide Records Branch, Science and Technology, Agricultural
Marketing Service, Suite 203, 8609 Sudley Road, Manassas, Virginia
20110-4582, Telephone (703) 330-7826, Fax (703) 330-6110. 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: October 14, 2004.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-23418 Filed 10-19-04; 8:45 am]
BILLING CODE 3410-02-P