[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Notices]
[Pages 24797-24799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11573]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2018-0031 and EPA-HQ-OPP-2018-0139; FRL-9976-24]


Agency Information Collection Activities; Proposed Renewal of 
Several Currently Approved Collections (EPA ICR Nos. 2491.04 and 
2475.03); Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit requests to renew 
several currently approved Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). The ICRs are identified in this 
document by their corresponding titles, EPA ICR numbers, OMB Control 
numbers, and related docket identification (ID) numbers. Before 
submitting these ICRs to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the information collection activities 
that are summarized in this document. The ICRs and accompanying 
material are available for public review and comment in the relevant 
dockets identified in this document for the ICR.

DATES: Comments must be received on or before July 30, 2018.

ADDRESSES: Submit your comments, identified by the ID number for the 
corresponding ICR as identified in this document, by one of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Ryne Yarger, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (703) 605-1193; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
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

[[Page 24798]]

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. Submit your comments by the deadline identified under DATES.
    6. Identify the docket ID number assigned to the ICR action in the 
subject line on the first page of your response. You may also provide 
the ICR title and related EPA and OMB numbers.

III. What do I need to know about PRA?

    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information subject to PRA approval 
unless it displays a currently valid OMB control number. The OMB 
control numbers for the EPA regulations in title 40 of the Code of 
Federal Regulations (CFR), after appearing in the preamble of the final 
rule, are further displayed either by publication in the Federal 
Register or by other appropriate means, such as on the related 
collection instruments or form, if applicable. The display of OMB 
control numbers for certain EPA regulations is consolidated in a list 
at 40 CFR 9.1.
    As used in the PRA context, burden is defined in 5 CFR 1320.3(b).

IV. Which ICRs are being renewed?

    EPA is planning to submit two currently approved ICRs to OMB for 
review and approval under the PRA. In addition to specifically 
identifying the ICRs by title and corresponding ICR, OMB and docket ID 
numbers, this unit provides summaries of the information collection 
activities and the Agency's estimated burden. The Supporting Statement 
for each ICR, a copy of which is available in the corresponding docket, 
provides a more detailed explanation.

A. Docket ID Number EPA-HQ-OPP-2018-0031

    Title: Agricultural Worker Protection Standard Training, 
Notification and Recordkeeping.
    ICR number: EPA ICR No. 2491.04.
    OMB control number: OMB Control No. 2070-0190.
    ICR status: The approval for this ICR is scheduled to expire on 
January 31, 2019.
    Abstract: This ICR estimates the recordkeeping and third-party 
response burden of paperwork activities that covers the information 
collection requirements contained in the Worker Protection Standard 
(WPS) regulations at 40 CFR part 170. These requirements were updated 
in a 2015 Final Rule (80 FR 67495, November 2, 2015) that amended 40 
CFR part 170.
    Prior to the regulatory update, the WPS regulations already had 
provisions for training and notification of pesticide-related 
information for workers who enter pesticide-treated areas after 
pesticide application to perform crop-related tasks, as well as for 
handlers who mix, load, and apply pesticides. Agricultural employers 
and commercial pesticide handling establishments (CPHEs) are 
responsible for providing required training, notifications and 
information to their employees to ensure worker and handler safety. The 
changes to the regulation in 2015 improved protections and included 
revisions to many of the provisions as well as the addition of new 
requirements. The regulation now includes expanded and more frequent 
training for workers and handlers, improved posting of pesticide-
treated areas, additional information for workers before they enter a 
pesticide-treated area while a restricted entry interval (REI) is in 
effect, access to more general and application-specific information 
about pesticides used on the establishment, and recordkeeping of 
training to improve enforceability and compliance.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 6 
minutes per response. The ICR, a copy of which is available in the 
docket, provides a detailed explanation of this estimate, which is only 
briefly summarized here:
    Respondents/Affected entities: Respondents affected by the 
collection activities under this ICR are agricultural employers on 
agricultural establishments, including employers in farms as well as in 
nursery, forestry, and greenhouse establishments.
    Estimated total number of potential respondents: Approximately 
985,000 agricultural establishments and approximately 1,995,000 
agricultural workers/handlers.
    Frequency of response: Annually or on occasion, depending on the 
activity.
    Estimated total average number of responses for each respondent: 
Varies.
    Estimated total annual burden hours: 10,448,160 hours.
    Estimated total annual costs: $433,264,055. This includes an 
estimated burden cost of $433,264,055 and an estimated cost of $0 for 
non-burden hour paperwork costs, e.g., investment or maintenance and 
operational costs.
    Changes in the estimates from the last approval: There is no change 
in the total estimated annual respondent burden from the currently 
approved ICR to the renewal ICR because the estimated number of 
respondents for the WPS are based primarily on data EPA obtains from 
the USDA's Census of Agriculture, with the most recent being the 2012 
Census. Therefore, the estimated number of potential respondents has 
remained unchanged until the next available census.

B. Docket ID Number EPA-HQ-OPP-2018-0139

    Title: Labeling Requirements for Certain Minimum Risk Pesticides 
under FIFRA Section 25(b).
    ICR number: EPA ICR No. 2475.03.
    OMB control number: OMB Control No. 2070-0187.
    ICR status: The approval for this ICR is scheduled to expire on 
February 28, 2019.
    Abstract: This information collection request documents the PRA 
burden for the labeling requirements for certain minimum risk pesticide 
products exempt from Federal Insecticide, Fungicide, and Rodenticide 
Act (FIFRA) registration under 40 CFR 152.25(f). These requirements 
were updated in the final rule entitled: Pesticides; Revisions to 
Minimum Risk Exemption (80 FR 80653; December 28, 2015).
    Under 40 CFR 152.25(f), EPA has exempted from the requirement of 
FIFRA registration certain pesticide products if they are composed of 
specified ingredients and labeled accordingly. EPA created the 
exemption for minimum risk pesticides to eliminate the need for 
industry or business to expend significant resources to apply for and 
maintain regulated products that are deemed to be of minimum risk to 
human health and the environment. In addition, exempting such products 
freed Agency resources to focus on evaluating formulations whose 
toxicity was less well characterized, or was of higher toxicity.

[[Page 24799]]

    The 2015 Final Rule reorganized the ingredients lists and added 
specific chemical identifiers to clarify to manufacturers, the public, 
and Federal, state, and tribal inspectors the specific chemical 
substances that are permitted in minimum risk pesticide products. EPA 
also modified the label requirements to require the use of specific 
label display names of ingredients and to require producer contact 
information on the label. The primary goal of this rulemaking was to 
clarify the conditions of exemption for minimum risk pesticides by 
clarifying the specific ingredients that are permitted in minimum risk 
pesticide products and to provide company contact information on the 
label. The previous version of this ICR covered the paperwork burdens 
associated with existing products updating their labels to comply with 
the new requirements during the 2015 Final Rule's compliance period. 
EPA anticipates that those burdens have been realized, and is now 
accounting for the potential burden for new products coming into the 
market.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 5.5 
hours per response. The ICR, a copy of which is available in the 
docket, provides a detailed explanation of this estimate, which is only 
briefly summarized here:
    Respondents/Affected entities: Entities potentially affected by 
this ICR include individuals or entities engaged in activities related 
to the manufacturing of minimum risk pesticide products. Distributors, 
retailers, and users of minimum risk pesticides may also be affected, 
as many of these companies also manufacture minimum risk pesticide 
products.
    Estimated total number of potential respondents: 49.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 5.
    Estimated total annual burden hours: 478.5 hours.
    Estimated total annual costs: $52,202. This includes an estimated 
burden cost of $52,202 and an estimated cost of $0 for non-burden hour 
paperwork costs, e.g., investment or maintenance and operational costs.
    Changes in the estimates from the last approval: The renewal of 
this ICR will result in an overall decrease of 4,939 hours in the total 
estimated respondent burden identified in the currently approved ICR. 
This decrease reflects EPA's updating of burden estimates for this 
collection based upon the assumption that products existing prior to 
the 2015 Final Rule's compliance date of February 26, 2019, will have 
met the requirements of the rule update. This ICR now accounts for 
those products that are considered new to the market after the 
compliance date. Based on these assumptions, the number of labeling 
responses per year has decreased from 386 to 87, with a corresponding 
decrease in the associated burden. This change is an adjustment.

V. What is the next step in the process for these ICRs?

    EPA will consider the comments received and amend the individual 
ICRs as appropriate. The final ICR packages will then be submitted to 
OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue 
another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to 
announce the submission of these ICRs to OMB and the opportunity for 
the public to submit additional comments for OMB consideration. If you 
have any questions about any of these ICRs or the approval process in 
general, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

    Authority: 44 U.S.C. 3501 et seq.

    Dated: April 18, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2018-11573 Filed 5-29-18; 8:45 am]
BILLING CODE 6560-50-P


