[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24690-24692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10413]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0281; FRL-8821-1]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Plant-Incorporated Protectants; CBI Substantiation and
Adverse Effects Reporting; EPA ICR No. 1693.06, OMB Control No. 2070-
0142
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Plant-Incorporated Protectants; CBI Substantiation and
Adverse Effects Reporting'' and identified by EPA ICR No. 1693.06 and
OMB Control No. 2070-0142, is scheduled to expire on January 31, 2011.
Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection.
DATES: Comments must be received on or before July 6, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0281, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0281. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
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comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is (703) 305-5805.
FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 347-0107; fax number: (703) 305-5884; e-
mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
1. 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.
2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. 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. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
II. What Should I Consider when I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve the collection activity.
7. Make sure to submit your comments by the deadline identified
under DATES.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
III. What Information Collection Activity or ICR Does This Action Apply
to?
Affected entities: Entities potentially affected by this ICR
include producers and importers of plant-incorporated protectants
(PIPs). The North American Industrial Classification System (NAICS)
codes for respondents under this ICR include: Pesticide and other
agricultural chemical manufacturing (NAICS code 325320), biological
products (except diagnostic) manufacturing (NAICS code 325414), farm
supplies wholesalers (NAICS code 422910), flower, nursery stock, and
florists's suppliers (NAICS code 422930), research and development in
the physical, engineering, and life sciences (NAICS code 541710), and
colleges, universities, and professional schools (NAICS code 611310).
Title: Plant-Incorporated Protectants; CBI Substantiation and
Adverse Effects Reporting.
ICR numbers: EPA ICR No. 1693.06, OMB Control No. 2070-0142.
ICR status: This ICR is currently scheduled to expire on January
31, 2011. 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 title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
Abstract: This ICR addresses the two information collection
requirements described in regulations pertaining to pesticidal
substances that are produced by plants (PIPs) and which are codified in
40 CFR part 174. A PIP is defined as ``the pesticidal substance that is
intended to be produced and used in a living plant and the genetic
material necessary for the production of such a substance.'' Many, but
not all, PIPs are exempt from registration requirements under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Registrants sometimes include in a submission to EPA for registration
of a PIP information that they claim to be CBI. CBI is protected by
FIFRA and generally cannot be released to the public. Under 40 CFR part
174, whenever a registrant claims that information submitted to EPA in
support of a registration application for PIPs contains CBI, the
registrant must substantiate such claims when they are made, rather
than provide it later upon request by EPA. In addition, manufacturers
of PIPs that are otherwise exempted from the requirements of
registration must report adverse effects of the PIP to the Agency. Such
reporting will allow the Agency to determine whether further action is
needed to prevent unreasonable adverse effects to the environment.
Submission of this information is mandatory.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 7
hours for an adverse effects report and 21.5 hours for substantiation
of a CBI claim, per response. 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
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existing ways to comply with any previously applicable instructions and
requirements which have subsequently changed; 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.
The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
Estimated total number of potential respondents: 18.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
One for each registration application, experimental use permit, or
reporting of adverse effects.
Estimated total annual burden hours: 389 hours.
Estimated total annual costs: $26,875.00. This includes an annual
cost of $26,721 for CBI substantiations and $154 for adverse effects
reporting.
IV. Are There Changes in the Estimates From the Last Approval?
There is an increase of 86 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This increase reflects an increase in the number of PIP
applications during the last 2 years. EPA expects that this higher
level of activity will continue. This change is an adjustment.
V. What Is the Next Step in the Process for This ICR?
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 pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.
List of Subjects
Environmental protection, Reporting and recordkeeping requirements.
Dated: April 27, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2010-10413 Filed 5-4-10; 8:45 am]
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