Renewal of Pesticide Information Collection Activities; Notice of Pesticide Registration By States To Meet A Special Local Need; Request for Comments

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

[Federal Register: January 20, 1999 (Volume 64, Number 12)]
[Notices]
[Page 3086-3088]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ja99-58]

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00566; FRL-6046-5]

Renewal of Pesticide Information Collection Activities; Notice of
Pesticide Registration By States To Meet A Special Local Need; 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 the Environmental
Protection Agency (EPA) is seeking public comment on the following
Information Collection Request (ICR): ``Notice of Pesticide
Registration by States to Meet a Special Local Need, Section 24(c)''
(EPA ICR No. 0595.07; OMB No. 2070-0055). This ICR involves a
collection activity that is currently approved and scheduled to expire
on March 31, 1999. 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 must be received on or before March 22, 1999.

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 this document.

FOR FURTHER INFORMATION CONTACT: Cameo Smoot, Office of Pesticide
Programs, Mail Code (7506C), Environmental Protection Agency, 401 M
St., SW., Washington, DC 20460, Telephone: 703-305-5454, fax: 703-305-
5884, e-mail: smoot.cameo@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does This Notice Apply To Me?

This notice applies to any state exercising authority to register
additional uses of federally registered pesticides for distribution and
use within the state to meet a special local need pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section
24(c). The term ``state'' includes a state, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Trust
Territory of the Pacific Islands and American Samoa.
Potentially affected categories include:

----------------------------------------------------------------------------------------------------------------
Example of Potentially
Category NAICS Code SIC Code Affected Entity
----------------------------------------------------------------------------------------------------------------
State agencies/governments 923120 9431 State Agencies issuing
state registration for
additional uses of
federally registered
pesticides to be used
within the state.
----------------------------------------------------------------------------------------------------------------

If you have any questions regarding the applicability of this
action to a particular entity, consult the technical person listed in
the ``FOR FURTHER INFORMATION CONTACT'' section.

II. How Can I Get Additional Information or Copies of This Document
or Other Support Documents?

A. Electronic Availability

Electronic copies of this document and the ICR are available from
the EPA Home Page at the Federal Register - Environmental Documents
entry for this document under ``Laws and Regulations'' (http://
www.epa.gov/fedrgstr/). You can easily follow the menu to find this
Federal Register notice using the publication date or the Federal
Register citation for this notice. Although a copy of the ICR is posted
with the Federal Register notice, you can also access a copy of the ICR
by going directly to http://www.epa.gov/icr/. You can then easily
follow the menu to locate this ICR by the EPA ICR number, the OMB
control number, or the title of the ICR.

B. Fax-on-Demand

Using a faxphone call 202-401-0527 and select item 6057 for a copy
of the ICR.

C. In Person or By Phone

If you have any questions or need additional information about this
notice or the ICR referenced, please contact the person identified in
the ``FOR FURTHER INFORMATION CONTACT'' section.
In addition, the official record for this notice, including the
public version, has been established for this notice under docket
control number OPP-00566 (including comments and data submitted
electronically as described below). A public version of this record,
including printed, paper versions of electronic comments, which does
not include any information claimed as Confidential Business
Information (CBI), is available for inspection in the Office of
Pesticide Programs (OPP) Public Docket, Rm. 119, CM #2, 1921 Jefferson
Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The OPP Public Docket telephone
number is 703-305-5805.

III. How Can I Respond To This Notice?

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

You may submit comments through the mail, in person, or
electronically. Be sure to identify the appropriate docket control
number, OPP-00566, in your correspondence.
1. By mail. Submit written comments to: OPP Public Docket, Public
Information and Records Integrity Branch, Information Resources and
Services Division (7502C), Office of Pesticide Programs, Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver written comments to: OPP Public
Docket, Public Information and Records Integrity Branch, Rm. 119, CM
#2, 1921 Jefferson Davis Highway, Arlington, VA, Telephone: 703-305-
5805.
3. Electronically. Submit your comments and/or data electronically
by e-mail to: opp-docket@epa.gov. Please note that you should not
submit any

[[Page 3087]]

information electronically that you consider to be CBI. Electronic
comments must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comment and data will also be
accepted on disks in WordPerfect 5.1/6.1 or ASCII file format. All
comments and data in electronic form must be identified by the docket
control number OPP-00566. Electronic comments on this notice may also
be filed online at many Federal Depository Libraries.

B. How Should I Handle CBI Information That I Want To Submit To the
Agency?

You may claim information that you submit in response to this
notice 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. A copy of the comment that does
not contain CBI must also be submitted for inclusion in the public
record. Information not marked confidential will be included in the
public docket by EPA without prior notice. If you have any questions
about CBI or the procedures for claiming CBI, please consult with the
technical person listed in the ``FOR FURTHER INFORMATION CONTACT''
section.

C. 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 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.

D. What Should I Consider When I Prepare My Comments for EPA?

We invite you to provide your views on the various options we
propose, new approaches we haven't considered, the potential impacts of
the various options (including possible unintended consequences), and
any data or information that you would like the Agency to consider
during the development of the final action. You may find the following
suggestions helpful for preparing your comments:
<bullet> Explain your views as clearly as possible.
<bullet> Describe any assumptions that you used.
<bullet> Provide solid technical information and/or data to support
your views.
<bullet> If you estimate potential burden or costs, explain how you
arrived at the estimate.
<bullet> Tell us what you support, as well as what you disagree
with.
<bullet> Provide specific examples to illustrate your concerns.
<bullet> Offer alternative ways to improve the rule or collection
activity.
<bullet> Make sure to submit your comments by the deadline in this
notice.
<bullet> At the beginning of your comments (e.g., as part of the
``Subject'' heading), be sure to properly identify the document you are
commenting on. You can do this by providing the docket control number
assigned to the notice, along with the name, date, and Federal Register
citation, or by using the appropriate EPA or OMB ICR number.

IV. What Information Collection Activity or ICR Does This Notice
Apply To?

EPA is seeking comments on the following ICR:
Title: Renewal of Pesticide Information Collection Activities;
Notice of Pesticide Registration by States to Meet a Special Local
Need, Section 24(c).
ICR numbers: EPA ICR No. 0595.07; OMB No. 2070-0055.
ICR status: This ICR is currently scheduled to expire on March 31,
1999. 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
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: EPA is responsible for the regulation of pesticides as
mandated by FIFRA. However, FIFRA section 24(c) also authorizes States
to register additional uses of federally registered pesticides for
distribution and use within their boarders to meet a special local need
(SNL). A state-issued registration under FIFRA section 24(c) is deemed
a federal registration for the purposes of the pesticide's use within
the state's boundaries. A state must notify EPA, in writing, of any
action it takes, i.e., issues, amends, or revokes, a state-
registration. To support a special need registration all applicants
must submit to the state basic pesticide product information including:
1. Name and address of the applicant and any other person whose
name will appear on the labeling or in the directions for use.
2. The name of the pesticide product, and, if the application is
for an amendment to a federally registered product, the EPA
registration number of that product.
3. A copy of the proposed labeling, including all claims made for
the product as well as directions for its use to meet the special local
need consisting of:
i. For a new product, a copy of the complete proposed labeling.
ii. For an additional use of a federally registered product, a copy
of proposed supplemental labeling and a copy of the labeling for the
federally registered product.
iii. If a state classifies for restricted use of a product or use,
which is not required to be so classified under FIFRA, supplemental
labeling for the product or use containing additional appropriate
precautions, and a statement that the product or use is for restricted
use within the state may be required.
4. The complete formula of the product, if the application is for a
new product registration.
5. Any other information that is required to be reviewed prior to
registration.
Once a state issues a SLN registration, the label of the pesticide
product must contain:
1. A statement identifying the state where registration is to be
valid.
2. The special local need registration number assigned by the
state.
3. For an additional use of a federally registered product, the
state must require that at the time of sale, labeling from the
federally registered product be accompanied by supplemental labeling.
To ensure that the states do not issue any registrations that might
conflict with other requirements in FIFRA, or with section 408 or 409
of the Federal Food, Drug, and Cosmetic Act (FFDCA) which requires that
a tolerance exist for any pesticide used on a food or feed commodity.
FIFRA section 24(c)(3) allows the EPA to determine whether or not a
state issued registration is inconsistent with the FFDCA or if the use
of a pesticide registered by the state

[[Page 3088]]

constitutes an imminent hazard. To make such a determination the EPA
requires states to submit EPA Form 8570-25:
1. Within 10 working days from the date a state issues, amends or
revokes a registration, the state is required to notify the EPA, in
writing, of the action. Notification of state registrations, or
amendments thereto, shall include:
i. Effective date of the registration or amendment.
ii. Confidential statement of the formula of any new product.
iii. A copy of the draft labeling reviewed and approved by the
state, provided that labeling previously approved by the Administrator
as part of a federal registration need not be submitted.
2. Notification of state registrations or amendments shall be
supplemented by the state sending to the EPA a copy of the final
printed labeling approved by the state within 60 days after the
effective date of the registration or amendment.
3. Notification of revocation of a registration by a state shall
indicate the effective date of revocation and shall state the reasons
for revocation.
4. The Agency may request, when appropriate, that a state submit
any data used by the state to determine that unreasonable adverse
effects will not be caused.
The Agency has 90 days to determine whether the SLN registration
should be disapproved. If the SLN is disapproved, the state is
responsible for notifying the affected registrant.

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
this collection of information is estimated to average 12.5 hours per
response. The following is a summary of the estimates taken from the
ICR:
Respondents/affected entities: States.
Estimated total number of potential respondents: 550.
Frequency of response: Determined by the state.
Estimated total/average number of responses for each respondent:
9.8.
Estimated total annual burden hours: 6,875.
Estimated total annual burden costs: $521,950.

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

The number of applications made by the states since the renewal of
the last ICR has not changed, and no changes have been made in the
requirements for section 24(c) applications.

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 in the ``FOR
FURTHER INFORMATION CONTACT'' section.

List of Subjects

Environmental protection, Information collection requests.

Dated: January 6, 1999.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic
Substances.

[FR Doc. 99-1028 Filed 1-19-99; 8:45 am]
BILLING CODE 6560-50-F

Renewal of Pesticide Information Collection Activities; Notice of Pesticide Registration By States To Meet A Special Local Need; Request for Comments

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