Notice of Supplemental Distribution of a Registered Pesticide Product; Renewal of Pesticide Information Collection Activities and Request for Comments

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 29, 1999 (Volume 64, Number 249)]
[Notices]
[Page 73040-73042]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de99-98]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00635; FRL-6398-4]

Notice of Supplemental Distribution of a Registered Pesticide
Product; Renewal of Pesticide Information Collection Activities and
Request for Comments

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 notice announces that EPA is seeking public
comment on the following Information Collection Request (ICR): ``Notice
of Supplemental Distribution of a Registered Pesticide Product'' (EPA
No. 0278.07; OMB 2070-0044). This ICR is a renewal of a collection
activity that is currently approved and due to expire on September 30,
2000. The ICR describes the nature of the information collection
activity and its expected burden and costs. Before submitting this ICR
to the Office of Management and Budget (OMB) for review and approval
under the PRA, EPA is soliciting comments on specific aspects of the
collection.

DATES: Written comments, identified by the docket control number OPP-
00635, must be received on or before February 28, 2000.

ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of the ``SUPPLEMENTARY INFORMATION.'' To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPP-00635 in the subject line on the first page of your
response.

FOR FURTHER INFORMATION CONTACT: By mail: Cameo Smoot, Field and
External Affairs Division (7506C), Office of Pesticide Programs,
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460;
telephone number: (703) 305-5454; fax number: (703) 305-5884; e:mail
address: smoot.cameo@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

You may be potentially affected by this action if you are a
pesticide registrant who has entered into an agreement with a second
company to distribute your pesticide product under the second company's
name and product name. Section 3(e) of the Federal Insecticide,
Fungicide and Rodenticide Act (FIFRA) requires pesticide registrants to
notify the Agency of such distribution agreements. Potentially affected
categories and entities may include, but are not limited to:

----------------------------------------------------------------------------------------------------------------
Examples of potentially
Category NAICS code SIC codes affected entities
----------------------------------------------------------------------------------------------------------------
Pesticide and other agricultural 325320 286--Industrial Pesticide registrants
chemical manufacturing organic chemicals
287--Agricultural
chemicals
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this table could also be
affected. The North American Industrial Classification System (NAICS)
codes and the Standard Industrial Classification (SIC) codes are
provided to assist you and others in determining whether or not this
action might apply to certain entities. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under ``FOR FURTHER INFORMATION CONTACT.''

II. How Can I Get Additional Information, Including Copies of this
Document and Other Related Documents?

A. Electronically

You may obtain electronic copies of this document, and certain
other related documents that might be available electronically, from
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page
select ``Laws and Regulations'' and then look up the entry for this
document under the ``Federal Register--Environmental Documents.'' You
can also go directly to the Federal Register listings at http://
www.epa.gov/fedrgstr/.

B. Fax-on-Demand

Using a faxphone call (202) 401-0527 and select item 6078 for a
copy of the ICR.

C. In Person

The Agency has established an official record for this action under
docket control number OPP-00635. The official record consists of the
documents specifically referenced in this action, any public comments
received during an applicable comment period, and other information
related to this action, including any information claimed as
Confidential Business Information (CBI). This official record includes
the documents that are physically located in the docket, as well as the
documents that are referenced in those documents. The public version of
the official record does not include any information

[[Page 73041]]

claimed as CBI. The public version of the official record, which
includes printed, paper versions of any electronic comments submitted
during an applicable comment period, is available for inspection in the
Public Information and Records Integrity Branch (PIRIB), Rm. 119,
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
PIRIB telephone number is (703) 305-5805.

III. How Can I Respond to this Action?

A. How and to Whom Do I Submit the Comments?

You may submit comments through the mail, in person, or
electronically. To ensure proper receipt by EPA, it is imperative that
you identify docket control number OPP-00635 in the subject line on the
first page of your response.
1. By mail. Submit your comments to: Public Information and Records
Integrity Branch (PIRIB), Information Resources and Services Division
(7502C), Office of Pesticide Programs (OPP), Environmental Protection
Agency, 401 M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: Public
Information and Records Integrity Branch (PIRIB), Information Resources
and Services Division (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB
telephone number is (703) 305-5805.
3. Electronically. You may submit your comments and/or data
electronically by e-mail to: ``opp-docket@epa.gov,'' or you can submit
a computer disk as described in Units III.A.1. and 2. Do not submit any
information electronically that you consider to be CBI. Avoid the use
of special characters and any form of encryption. Electronic
submissions will be accepted in WordPerfect 6.1/8.0 or ASCII file
format. All comments in electronic form must be identified by docket
control number OPP-00635. Electronic comments may also be filed online
at many Federal Depository Libraries.

B. How Should I Handle CBI that I Want to Submit to the Agency?

Do not submit any information electronically that you consider to
be CBI. You may claim information that you submit to EPA in response to
this document as CBI by marking any part or all of that information as
CBI. Information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. In addition to one complete
version of the comment that includes any information claimed as CBI, a
copy of the comment that does not contain the information claimed as
CBI must be submitted for inclusion in the public version of the
official record. Information not marked confidential will be included
in the public version of the official record without prior notice. If
you have any questions about CBI or the procedures for claiming CBI,
please consult the person identified under ``FOR FURTHER INFORMATION
CONTACT.''

C. 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.
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 in this
notice.
8. To ensure proper receipt by EPA, be sure to identify the docket
control number and administrative record 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.

D. What Information is EPA Particularly Interested in?

Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act
(PRA), EPA specifically solicits comments and information to enable it
to:
1. Evaluate whether the proposed collections of information are
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 burdens
of the proposed collections of information.
3. Enhance the quality, utility, and clarity of the information to
be collected.
4. Minimize the burden of the collections of information on those
who are to respond, including through the use of appropriate automated
or electronic collection technologies or other forms of information
technology, e.g., permitting electronic submission of responses.

IV. What Information Collection Activity or ICR Does this Action
Apply to?

EPA is seeking comments on the following ICR:
Title: Notice of Supplemental Distribution of a Registered
Pesticide Product.
ICR numbers: EPA ICR No. 0278.07, OMB No. 2070-0044.
ICR status: Expires September 30, 2000.
Abstract: EPA is responsible for the regulation of pesticides as
mandated by the FIFRA, as amended. This collection activity provides
the Agency with notification of supplemental registration of
distributors of pesticide products. Section 3(e) of FIFRA allows
pesticide registrants to distribute or sell a registered pesticide
product under a different name instead of or in addition to his own.
Such distribution and sale is termed ``supplemental distribution'' and
the product is termed ``distributor product.'' EPA requires the
pesticide registrant to submit a supplemental statement (EPA Form 8570-
5) when the registrant has entered into an agreement with a second
company that will distribute the registrant's product under the second
company's name and product name. Any pesticide registrant may
participate in this program by submitting a completed EPA Form 8570-5,
``Notice of Supplemental Distribution of a Registered Pesticide
Product,'' to the Agency. The registrant must furnish the following
information:
1. EPA registration number of the product to be distributed.
2. Distributor company number.
3. Name and address of the basic product registrant.
4. Name of the registered product to be distributed.
5. Name to be used on the distributed product.
6. Name and address of the distributor.
7. Signature and title of the distributor and date signed.
8. Signature and title of the basic product registrant and date
signed.
Since the last approval, EPA has not changed the substance or the
method of collection for this activity.

[[Page 73042]]

V. What are EPA's Burden and Cost Estimates for this ICR?

Under the PRA, ``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. For this
collection it 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.
The ICR provides a detailed explanation of this estimate, which is
only briefly summarized in this notice. The annual public burden is
estimated to average l5 minutes per response. The following is a
summary of the estimates taken from the ICR:
Respondents/affected entities: Pesticide registrants.
Estimated total number of potential respondents: 5,000.
Frequency of response: As needed per event.
Estimated total/average number of responses for each respondent: 1.
Estimated total annual burden hours: 1,250.
Estimated total annual burden costs: $118,350.

VI. Are There Changes in the Estimates from the Last Approval?

The total burden associated with the supplemental distribution of a
registered pesticide product has decreased from 1,500 hours in the 1997
ICR to 1,250. This adjustment represents an improved estimate of the
volume of responses received by the Agency. The previous estimate of
6,000 responses per year has been adjusted to reflect the new estimate
of 5,000 responses per year.

VII. 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: December 14, 1999.

Susan H. Wayland,

Deputy Assistant Administrator for Prevention, Pesticides and Toxic
Substances.

[FR Doc. 99-33331 Filed 12-28-99; 8:45 am]
BILLING CODE 6560-50-F

Notice of Supplemental Distribution of a Registered Pesticide Product; Renewal of Pesticide Information Collection Activities and Request for Comments

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