[Federal Register: February 11, 2005 (Volume 70, Number 28)]
[Notices]               
[Page 7254-7255]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe05-47]                         

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ENVIRONMENTAL PROTECTION AGENCY

[OAR-2003-0017, FRL-7872-3]

 
Agency Information Collection Activities: Proposed Collection; 
Comment Request; Request for Applications for a Critical Use Exemption 
From the Phaseout of Methyl Bromide. EPA Number 2031.02, OMB Control 
Number 2060-0482

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 May 31, 2005. 
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 April 12, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OAR-2003-
0017, to EPA online using EDOCKET (our preferred method), by email to 
a-and-r-Docket@epa.gov, or by mail to: EPA Docket Center, (EPA/DC), 

Environmental Protection Agency, EPA West, Room B102, 1301 Constitution 
Ave. NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Marta Montoro, Office of Air and 
Radiation, Stratospheric Protection Division (6205J), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 343-9321, fax number: 
(202) 343-2337; email address: montoro.marta@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OAR-2003-0017, which is available for public 
viewing at the EPA Air 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 EPA Air Docket is (202) 566-1742. An electronic version of the 
public docket is available through EPA Dockets (EDOCKET) at 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, Confidential Business 
Information (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 
users of methyl bromide, e.g., farmers of vegetable crops, fruits, and 
seedlings, and owners of stored food commodities and structures such as 
grain mills and processors, agricultural consortia and representative 
groups, Government and non-government researchers, as well as 
producers, importers, exporters, and distributors of methyl bromide, 
and applicators of methyl bromide.
    Title: Request for Applications of Critical Use Exemptions from the 
Phaseout of Methyl Bromide.
    Abstract: With this Information Collection Request (ICR), EPA's 
Office of Air and Radiation (OAR) and Office of Prevention, Pesticides, 
and Toxic

[[Page 7255]]

Substances (OPPTS) are continuing the existing request for critical use 
exemption applications for methyl bromide, under the Clean Air Act 
(CAA) and in accordance with U.S. obligations under the Montreal 
Protocol on Substances that Deplete the Ozone Layer (Protocol). The 
information is collected so that the U.S. government can submit a 
technically valid methyl bromide critical use exemption nomination to 
the Ozone Secretariat of the United Nations Environment Programme on an 
annual basis. Since 2002, this information has primarily been collected 
through agricultural consortia, though individuals have also submitted 
applications. If an applicant indicates that the application contains 
Confidential Business Information (CBI), that information will be 
treated as such by EPA. Responses to the collection of information are 
required in order for users to obtain a critical use exemption benefit.
    In 2003, EPA created separate applications for methyl bromide pre-
plant users and post-harvest users in order to facilitate data 
collection as the pre-plant and post-harvest fumigation contexts 
differ. In 2005, EPA is considering proposing to format both the pre-
plant and post-harvest applications to more closely resemble the forms 
for the nominations required by the Methyl Bromide Technical Options 
Committee (MBTOC), an advisory body to the Parties to the Protocol.
    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 40 CFR are listed in 40 CFR part 9.
    EPA initially calculated that 95% of users would apply with a 
consortia and the remaining 5% would apply independently. EPA also 
calculated each user's burden prior to submitting data to a consortia. 
EPA encourages the electronic submission of CUE applications.
    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 Statement:
    The annual burden is reported in this notice by annual respondent 
burden. This estimate includes the time needed to read the CAA request 
for applications, process, compile, and review the requested data for 
accuracy and appropriateness, generate application correspondence, and 
store, file, and maintain the information. This ICR renewal does not 
include any burden for third-party or public disclosures that were not 
previously reviewed and approved by OMB.
    EPA estimated approximated 80% of the respondents would be pre-
plant or soil users, with the remaining 20% being post-harvest users. 
EPA also initially calculated individual and consortia burden. The 
annual burden hours for this collection of information were initially 
estimated and summarized as follows, as stated in a notice published in 
the Federal Register on June 27, 2001 (66 FR 34181):
    Respondents/affected entities: 200.
    Estimated total number of potential respondents: 200.
    Frequency of response: Annual.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 25,000.
    Estimated total annual burden costs: $1,500,000.
    EPA seeks comment on the above summary. EPA may revise the 
calculations based on the critical use exemption applications received 
annually between 2002-2004.
    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: February 2, 2005
Drusilla Hufford,
Director, Stratospheric Protection Division, Office of Air and 
Radiation.
[FR Doc. 05-2713 Filed 2-10-05; 8:45 am]

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