Recordkeeping Requirements for Certified Applicators Using 1080 Collars for Livestock Protection; 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 73042-73045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de99-99]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00624; FRL-6388-6]

Recordkeeping Requirements for Certified Applicators Using 1080
Collars for Livestock Protection; 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):
``Recordkeeping Requirements for Certified Applicators Using 1080
Collars for Livestock Protection (OMB Control No. 2070-0074; EPA No.
1249.06).'' This is a request to renew an existing ICR that is
currently approved and is due to expire June 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-
00624 must be received on or before [insert date 60 days after date of
publication in the Federal Register].

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-00624 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 one of
the approximately 120 certified pesticide applicators, who utilize 1080
toxic collars for livestock protection. Or a State Agency that
implements a 1080 collar monitoring program in the state of Montana,
New Mexico, South Dakota, or Wyoming. Or are one of the five
registrants are required to keep records of: (1) number of collars
purchased; (2) number of collars placed on livestock; (3) number of
collars punctured or ruptured; (4) apparent cause of puncture or
rupture; (5) number of collars lost or unrecovered; (6) number of
collars in use and in storage; and (7) location and species data on
each animal poisoned as an apparent result of the toxic collar.
Potentially affected categories and entities may include, but are not
limited to:

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Examples of potentially
Category NAICS codes SIC codes affected entities
----------------------------------------------------------------------------------------------------------------
Pesticide and other agricultural 325320 286--Industrial Pesticide registrants whose
chemical manufacturing organic chemicals products include 1080
collars
287--Agricultural
chemicals
----------------------------------------------------------------------------------------------------------------

[[Page 73043]]

Administration of Environmental 9241 None States implementing a 1080
Quality Control Programs collar monitoring program
----------------------------------------------------------------------------------------------------------------

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 6076 for a
copy of the ICR.

C. In Person

The Agency has established an official record for this action under
docket control number OPP-00624. 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 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-00624 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-00624. 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

[[Page 73044]]

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: Recordkeeping Requirements for Certified Applicators Using
1080 Collars for Livestock Protection.
ICR numbers: EPA ICR No. 1249.06, OMB No. 2070-0074.
ICR status: This is a renewal of an existing ICR that is currently
approved by OMB and is due to expire June 30, 2000. An Agency may not
conduct or sponsor, and a person is not required to respond to a
collection of information that is subject to approval under the
Paperwork Reduction Act, unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's information
collections appear on the collection instruments or instructions, in
the Federal Register notices for related rulemakings and ICR notices,
and, if the collection is contained in a regulation, in a table of OMB
approval numbers in 40 CFR part 9.
Abstract: The data that certified Livestock Protection Collar
applicators are required to record and maintain are stipulated in ``Use
Restriction 5'' in the technical bulletin that is part of the labeling
for all Livestock Protection Collar products registered as pesticides
in the United States. Use Restriction 5, from a typical technical
bulletin, reads as follows:
``Each applicator shall keep records dealing with the use of
Livestock Protection Collars and the results of such use. Records shall
be maintained in accordance with appropriate State or Federal
regulations but for not less than 2 years following disposal or loss of
collars. Such records shall include, but need not be limited to:
1. The number of collars attached on livestock.
2. The pasture(s) where collared livestock were placed.
3. The dates of each attachment, inspection, and removal.
4. The number and locations of livestock found with ruptured or
punctured collars and the apparent cause of the damage.
5. The number, dates, and approximate location of all collars lost.
6. The species, locations, and dates of all suspected poisonings of
humans, domestic animals or non-target wild animals resulting from
collar use.''
Use Restriction 6, from the same typical technical bulletin,
requires that ``suspected'' poisonings of ``threatened or endangered
species, . . . humans, domestic animals or nontarget wild animals'' be
reported, within 3 days of the incident, to a designated Government
Agency (EPA and/or the appropriate state lead agency for regulation of
pesticides). The EPA requires certified Livestock Protection Collar
applicators to keep and report no records other than those prescribed
by Use Restrictions 5 and 6.
Livestock Protection Collar registrants are required, by Use
Restriction 4 of the same typical technical bulletin, to:

. . . keep records of all collars sold or transferred at their
address of record. Records shall include the name, address, state
where Livestock Protection Collar certification was issued,
certification number of each recipient, and dates and numbers of
collars sold or transferred.

Use Restriction numbers and content vary somewhat from product to
product due to additional restrictions or considerations either
proposed by the registrants or required by state lead agencies. As a
condition of registration, the EPA has required submission of annual
reports monitoring use of all of Livestock Protection Collar products.
Depending upon the product, the registrant or the state lead agency for
pesticide regulation is designated as being responsible for annual
monitoring report. The requirement to submit reports is imposed for at
least the first 4 years of the collars' use under the registration.
Factors affecting the extension of requirements to submit annual
reports include: (1) quality of reports submitted previously; (2)
results of collar use (in terms of numbers punctured by coyotes,
numbers punctured by other causes, numbers lost, nontarget poisonings,
etc.); and (3) frequency and nature of violations reported. In 1992,
the requirement to submit annual monitoring reports was dropped for one
Livestock Protection Collar product.

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 for
the Recordkeeping Requirements for Certified Applicators Using 1080
Collars for Livestock Protection is estimated to average 40 hours per
certified applicator, 77 hours per state, and 9 hours per registrant.
The following is a summary of the estimates taken from the ICR:
Respondents/affected entities: Certified applicators, states, and
registrants.
Estimated total number of potential respondents: 120 certified
applicators, 4 states, 5 registrants.
Frequency of response: Annually.
Estimated total/average number of responses for each respondent: 1.
Estimated total annual burden hours: 5,153.
Estimated total annual burden costs: $51,048.

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

Yes. The Agency reduced its estimate of the number of certified
applicators from the previous ICR (from 150 to 120). Overall, the total
burden on respondents has been reduced from 6,439 hours to 5,153 hours.
Changes in the total cost associated with this program are due to the
wage rates adjustment, reflecting the most current estimates.

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

[[Page 73045]]

1320.10. 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 20, 1999.

Stephen L. Johnson,

Acting Deputy Assistant Administrator for Prevention, Pesticides and
Toxic Substances.

[FR Doc. 99-33458 Filed 12-28-99; 8:45 am]
BILLING CODE 6560-50-F

Recordkeeping Requirements for Certified Applicators Using 1080 Collars for Livestock Protection; Renewal of Pesticide Information Collection Activities and Request for Comments

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