
[Federal Register: April 14, 2008 (Volume 73, Number 72)]
[Notices]               
[Page 20042-20044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap08-49]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0259; FRL-8554-4]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; Application for Registration of Pesticide-Producing 
and Device-Producing Establishments (EPA Form 3540-8) and Pesticide 
Report for Pesticide-Producing and Device-Producing Establishments (EPA 
Form 3540-16); EPA ICR No. 0160.09, OMB Control No. 2070-0078

AGENCY: Environmental Protection Agency.

ACTION: Notice.

-----------------------------------------------------------------------

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 is 
scheduled to expire on September 30, 2008. 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 June 13, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2008-0259, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: docket.oeca@epa.gov.
     Fax: (202) 566-1511.
     Mail: Enforcement and Compliance Docket and Information 
Center (ECDIC), Environmental Protection Agency, EPA Docket Center 
(EPA/DC), Mailcode: 2201T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: Enforcement and Compliance Docket and 
Information

[[Page 20043]]

Center (ECDIC), Environmental Protection Agency, EPA Docket Center 
(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. Such deliveries 
are only accepted during the Docket Center's normal hours of operation, 
and special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2008-0259. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online 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 www.regulations.gov 
or e-mail. The http://www.regulations.gov Web site 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 http://
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public 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 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. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Robin Nogle, Office of Compliance, 
Agriculture Division (2225A), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-4154; fax number: (202) 564-0085; e-mail: nogle.robin@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OECA-2008-0259, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Enforcement and 
Compliance Docket and Information Center (ECDIC), in the EPA Docket 
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., 
Washington, DC. The EPA/DC Public Reading Room is open from 8 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 Enforcement and Compliance Docket and 
Information Center Docket is 202-566-1752.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act 
(PRA), EPA is soliciting 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 estimate 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; and
    (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.

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. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. 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.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are 
those which produce pesticides and pesticide devices.
    Title: Agency Information Collection Activities; Proposed 
Collection; Comment Request; Application for Registration of Pesticide-
Producing and Device-Producing Establishments (EPA Form 3540-8) and 
Pesticide Report for Pesticide-Producing and Device-Producing 
Establishments (EPA Form 3540-16).
    ICR numbers: EPA ICR No. 0160.09, OMB Control No. 2070-0078.
    ICR status: This ICR is currently scheduled to expire on September 
30, 2008. 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 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 in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: The Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA) section 7(a) requires that any person who produces pesticides 
or pesiticide devices subject to the Act must register with the 
Administrator of EPA the

[[Page 20044]]

establishment in which the pesticide or the device is produced. This 
section further requires that application for registration of any 
establishment shall include the name and address of the establishment 
and of the producer who operates such an establishment. EPA Form 3540-
8, Application for Registration of Pesticide-Producing and Device-
Producing Establishments, is used to collect the establishment 
registration information required by this section.
    FIFRA section 7(c) requires that any producer operating an 
establishment registered under section 7 report to the Administrator 
within 30 days after it is registered, and annually thereafter by March 
1st for certain pesticide/device production and sales/distribution 
information. The producers must report which types and amounts of 
pesticides, active ingredients, or devices are currently being 
produced, were produced during the past year, sold or distributed in 
the past year. The supporting regulations at 40 CFR part 167 provide 
the requirements and time schedules for submitting production 
information. EPA Form 3540-16, Pesticide Report for Pesticide-Producing 
and Device-Producing Establishments, is used to collect the pesticide 
production information required by section 7(c) of FIFRA.
    Establishment registration information, collected on EPA Form 3540-
8, is a one-time requirement for all pesticide-producing and device-
producing establishments. Pesticide and device production information, 
reported on EPA Form 3540-16, is required to be submitted within 30 
days after the company is notified of their pesticide-producing or 
device-producing establishment number, and annually thereafter on or 
before March 1st.
    Burden Statement: The average annual burden to the industry over 
the next three years is estimated to be 2 person hours per response.
    Respondents/Affected Entities: 13,250.
    Estimated Number of Respondents: 13,250.
    Frequency of Response: Annually.
    Estimated Total Annual Hour Burden: 26,500.
    There are no capital/startup costs or operating and maintenance 
costs associated with this ICR since all equipment associated with this 
ICR is present as part of ordinary business practices.
    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 
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.
    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. At that time, 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 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 3, 2008.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.
[FR Doc. E8-7877 Filed 4-11-08; 8:45 am]

BILLING CODE 6560-50-P
