[Federal Register: March 31, 2004 (Volume 69, Number 62)]
[Notices]
[Page 16916-16917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr04-83]
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ENVIRONMENTAL PROTECTION AGENCY
[OECA-2004-0017, FRL-7639-9]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Recordkeeping Requirements for Producers of Pesticides
under Section 8 of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), EPA ICR Number 0143.08, OMB Control Number 2070-0028
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
continuing Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This is a request to renew an existing
approved collection. This ICR is scheduled to expire on October 31,
2004. Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection as described below.
DATES: Comments must be submitted on or before June 1, 2004.
ADDRESSES: Submit your comments, referencing docket ID number OECA-
2004-0017, to EPA online using EDOCKET (our preferred method), by email
to docket.oeca@epa.gov, or by mail to: Enforcement and Compliance
Docket and Information Center, Environmental Protection Agency, Mail
Code 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Stephen Howie, tel: (202) 564-4146;
fax: (202) 564-0085; e-mail: howie.stephen@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID number OECA-2004-0017, which is available for
public viewing at the Enforcement and Compliance Docket in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is (202) 566-1744,
and the telephone number for the Enforcement and Compliance Docket is
(202) 564-1927. An electronic version of the public docket is available
[[Page 16917]]
http://www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified above.
Any comments related to this ICR should be submitted to EPA within
60 days of this notice. EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing in EDOCKET as EPA receives them and without change, unless the
comment contains copyrighted material, CBI, or other information whose
public disclosure is restricted by statute. When EPA identifies a
comment containing copyrighted material, EPA will provide a reference
to that material in the version of the comment that is placed in
EDOCKET. The entire printed comment, including the copyrighted
material, will be available in the public docket. Although identified
as an item in the official docket, information claimed as CBI, or whose
disclosure is otherwise restricted by statute, is not included in the
official public docket, and will not be available for public viewing in
EDOCKET. For further information about the electronic docket, see EPA's
Federal Register notice describing the electronic docket at 67 FR 38102
(May 31, 2002), or go to http://www.epa.gov./edocket.
Affected entities: Entities potentially affected by this action are
those which produce pesticides.
Title: Recordkeeping Requirements for Producers of Pesticides under
section 8 of the Federal Insecticide, Fungicide, and Rodenticide Act as
amended (FIFRA). ICR Number 0143.08. OMB Control Number 2070-0028.
Expires 10/31/04.
Abstract: Section 8 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) states that the Administrator of the
Environmental Protection Agency may prescribe regulations requiring
producers, registrants and applicants for registration to maintain such
records with respect to their operations and the effective enforcement
of this Act as the Administrator determines are necessary for the
effective enforcement of FIFRA and to make such records available for
inspection and copying as specified in the statute. The regulations at
40 CFR part 169 (Books and Records of Pesticide Production and
Distribution) specify the following records that producers must keep
and the disposition of those records: Production data for pesticides,
devices, or active ingredients (including pesticides produced pursuant
to an experimental use permit); receipt by the producer of pesticides,
devices, or active ingredients used in producing pesticides; delivery,
moving, or holding of pesticides; inventory; domestic advertising for
restricted use pesticides; guarantees; exports; disposal; human
testing; and tolerance petitions. Additionally, section 8 gives the
Agency inspectional authority to monitor the validity of research data
(including raw data), including data developed in accordance with Good
Laboratory Practice Standards, and used to support pesticide
registration. The EPA or States/Indian Tribes operating under
Cooperative Enforcement Agreements make use of the records required by
section 8 through periodically inspecting them to help determine FIFRA
compliance of those subject to the provisions of the Act. In addition,
producers themselves make use of such records in order to comply with
reporting requirements under FIFRA section 7 and 40 CFR 167.85. (Those
reporting requirements are addressed in the ICR entitled ``Pesticide
Report for Pesticide-Producing Establishments,'' OMB Docket Number
2000-0029.)
Since most of the records required to be maintained are likely to
be collected and maintained in the course of good business practice,
the records are generally stored on site at either the establishment
producing the pesticide or at the place of business of the person
holding the registration. However, the registrant may decide to
transfer records relating to disposal of pesticides and human testing
to EPA for storage because of a twenty year retention requirement for
the records. 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 are listed in 40 CFR part 9.
The EPA would like to solicit comments 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.
Burden: The average annual burden to the industry over the next
three years is estimated to be 2 person hours per response.
Respondents/affected entities: 12,953.
Estimated number of respondents: 12,953.
Frequency of responses: 1.
Estimated total annual hour burden: 25,906.
There are no capital/startup costs or operating and maintenance
(O&M) costs associated with this ICR since all equipment associated
with this ICR is present as part of ordinary business practices.
Burden means the total time, effort, or financial resources
expended by persons to generate, 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;
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.
Dated: March 19, 2004.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of
Enforcement and Compliance Assurance.
[FR Doc. 04-6694 Filed 3-30-04; 8:45 am]
BILLING CODE 6560-50-P