Notice2021-13894
Agency Information Collection Activities; Proposed Renewal of Two Currently Approved Collections; Comment Request
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Published
June 30, 2021
Issuing agencies
Environmental Protection Agency
Abstract
In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit requests to renew two 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.
Full Text
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<title>Federal Register, Volume 86 Issue 123 (Wednesday, June 30, 2021)</title>
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[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34745-34748]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13894]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0287; EPA-HQ-OPP-2021-0288; FRL-10022-67]
Agency Information Collection Activities; Proposed Renewal of Two
Currently Approved Collections; 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 two
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 August 30, 2021.
ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the corresponding ICR as identified in
this document, online using the Federal eRulemaking Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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. Additional instructions on
commenting or visiting the docket, along with more information about
dockets generally, is available at <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC and docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division
7101M, Office of Program Support, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(703) 347-0159; email address: <a href="/cdn-cgi/l/email-protection#e2918b97cc8183908d8e9b8ca2879283cc858d94"><span class="__cf_email__" data-cfemail="27544e5209444655484b5e496742574609404851">[email protected]</span></a>.
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.
[[Page 34746]]
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 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 the 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 a brief summary of the information
collection activity 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-2021-0288
Title: Certification of Pesticide Applicators.
ICR number: EPA ICR No. 0155.14.
OMB control number: OMB Control No. 2070-0029.
ICR status: The approval for this ICR is scheduled to expire on
December 31, 2022.
Abstract: EPA administers certification programs for pesticide
applicators under section 11 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). FIFRA allows EPA to classify a pesticide as
``restricted use'' if the pesticide meets certain toxicity or risk
criteria. The regulations in 40 CFR part 171 include procedures for
certification programs for States, Federal agencies, Indian tribes, or
U.S. territories who wish to develop and implement their own
certification plans and programs, after obtaining EPA approval. This
ICR addresses the paperwork activities performed by businesses,
individuals and regulators to comply with training and certification
requirements associated with applicators of restricted use pesticides
(RUPs). Because of the potential of improperly applied RUPs to harm
human health or the environment, pesticides under this classification
may be purchased and applied only by ``certified applicators'' or by
persons under the direct supervision of certified applicators. To
become a certified applicator, a person must meet certain standards of
competency; these standards are met through completion of a
certification program or test. The additional information requirements
contained in the January 4, 2017 final rule (82 FR 952; RIN 2070-AJ20)
that amended the regulations at 40 CFR part 171 are addressed in
another ICR that is currently approved under OMB Control No. 2070-0196.
All 50 states, the District of Columbia, American Samoa, Cheyenne
River Sioux, Guam, Commonwealth of the Northern Mariana Islands, Oglala
Sioux, Puerto Rico, Republic of Palau, Shoshone-Bannock Tribe
Affiliated Tribes and U.S. Virgin Islands as well as the U.S.
Department of Defense, the U.S. Department of the Interior, the U.S.
Department of Energy and the U.S. Department of Agriculture
(USDA)(USDA, APHIS/PPQ and USDA Forest Service) administer applicator
certification programs within their jurisdictions, but each agency's
certification plan must be approved by EPA before it can be
implemented. Agencies authorized by EPA to administer a certification
program are collectively referred to in this document as ``authorized
agencies.'' Currently all 50 states, the District of Columbia, 6
territories, 4 tribes and 5 federal agencies are authorized to run
their own certification programs. Under authorized agencies'
certification programs, dealerships of RUP are not required to report
their dealership information and RUP sales directly to EPA, and such
information is not included in the paperwork burden estimates of this
ICR.
In areas where no authorized agency has jurisdiction, EPA may
administer a certification program directly, called a Federal program.
Federal certification programs require RUP dealers to maintain records
of RUP sales and to report and update their names and addresses with
the pesticide regulatory agency for enforcement purposes. Starting in
2007 and in 2014 respectively, the Agency implemented EPA-administered
applicator certification programs for Indian Country and for Navajo
Nation (79 FR 7185-89). Under the EPA plan for Indian Country,
dealerships operating in Indian Country are required to report their
dealership and individual business names and addresses to EPA Regional
offices.
This ICR also addresses how registrants of certain pesticide
products are expected to perform specific, special paperwork
activities, such as training and recordkeeping, in order to comply with
the terms and conditions of the pesticide registration (e.g.,
registrants of anthrax-related pesticide products that assert claims to
inactivate Bacillus anthracis (anthrax) spores). Paperwork activities
associated with the use of such products are conveyed specifically as a
condition of the registration.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
1,379,443.81 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 pesticide applicators, administration of certification
programs by States/Tribal lead agencies (authorized agencies),
individuals or
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entities engaged in activities related to the registration of a
pesticide product, and RUP dealers (only for EPA administrated
programs).
Estimated total number of potential respondents: 444,639 (total).
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
Varies.
Estimated total annual burden hours: 1,379,444 hours (annual).
Estimated total annual costs: $57,047,143.94. This includes an
estimated burden cost of $57,047,143.94 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 neither a decrease nor increase of hours in the
total estimated respondent burden identified in the currently approved
ICR. Since the Agency is renewing this ICR as is, the total estimated
respondent burden for this renewal ICR remains the same at 59,190
hours. The only adjustments calculated is the cost in burden which is
made to reflect the latest wage labor rates (BLS 2019). These changes
are adjustments.
In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal
agencies and departments and is based on the submission instructions
established by OMB in 1995, replacing the alternate format developed by
EPA and OMB prior to 1995. EPA intends to update this Supporting
Statement during the comment period to reflect the 18-question format,
and has included the questions in an attachment to this Supporting
Statement. In doing so, the Agency does not expect the change in format
to result in substantive changes to the information collection
activities or related estimated burden and costs.
B. Docket ID Number EPA-HQ-OPP-2021-0287
Title: Pesticides; Certification of Pesticide Applicators; Final
Rule [RIN 2070-AJ20].
ICR number: EPA ICR No. 2499.03.
OMB control number: OMB Control No. 2070-0196.
ICR status: The approval for this ICR is scheduled to expire on
February 28. 2022.
Abstract: This ICR amendment covers the revisions contained in thea
final rule ``Certification of Pesticide Applicators'' (Certification
rule) at 40 CFR part 171, which regulates the certification of
applicators of RUPs. This ICR estimates the incremental burden of
revised requirements applicable under the PRA, that are not already
included in the ICR ``Certification of Pesticide Applicators'' covering
40 CFR part 171 prior to the new final rule. That ICR, which this ICR
amends, was currently-approved by the OMB at the time this ICR was
submitted to OMB with the final rule, and is termed the ``existing
ICR'' in this document.
The existing regulation (prior to the new final rule) has
provisions for states, the District of Columbia (DC), tribes,
territories, and federal agencies that wish to certify applicators to
use RUPs, to submit certification plans to EPA for review and approval,
and requirements to report specific information related to applicator
certification activities annually. The regulation has standards of
competency for persons who are certified to apply RUPs, as well as
requirements related to noncertified applicators who apply RUPs under
the direct supervision of certified applicators. In addition, it
already requires pesticide retail dealers to maintain records of RUP
sales in areas where the EPA administers an applicator certification
program.
The final rule is intended to improve the competency of certified
applicators of RUPs and noncertified applicators who apply RUPs under
the direct supervision of certified applicators. The final rule
includes new and revised standards for certification for commercial and
private applicators, provisions for recertification of applicators, and
training for noncertified applicators applying RUPs under the
supervision of certified applicators. The revisions also include
changes to improve the clarity and organization of the rule and overall
program operation. The proposed changes to the regulation are intended
to ensure that all persons who use RUPs--i.e., private applicators,
commercial applicators, and noncertified applicators using RUPs under
the direct supervision of certified applicators--are competent to use
RUPs in a manner that will not result in unreasonable adverse effects
to themselves, others, or the environment.
This amendment ICR estimates the burden and costs of the final rule
changes related to information collection and includes: Training for
noncertified applicators applying RUPs under the direct supervision of
certified applicators, recordkeeping of the noncertified applicator
training, recordkeeping of RUP sales by pesticide dealerships under
certification programs not administered by the EPA, and burden to
states, DC, territories, tribes, and federal agencies to revise
certification plans as needed to comply with the revised requirements.
The following sections provide a general overview of the paperwork
requirements in the final rule; burden and cost estimates are found in
section 6.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average
2,280,849 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 Agricultural Establishments, Nursery and Tree
Production, Agricultural Pest Control and Pesticide Handling on Farms
and Crop Advisors, Agricultural (animal) Pest Control (livestock
spraying), Forestry Pest Control, Wood Preservation Pest Control,
Pesticide Registrants, Pesticide Dealers, Research & Demonstration Pest
Control and Crop Advisor, Ornamental & Turf, Rights-of-Way Pest
Control, Environmental Protection Program Administrators, and
Governmental Pest Control Programs.
Estimated total number of potential respondents: 1,860,974.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
195.
Estimated total annual burden hours: 2,280,849 hours.
Estimated total annual costs: $108,061,898. This includes an
estimated burden cost of $108,061,898 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 neither a decrease nor increase of hours in the
total estimated respondent burden identified in the currently approved
ICR. Since the Agency is renewing this ICR as is, the total estimated
respondent burden for this renewal ICR remains the same at 2,280,849
hours. The only adjustments calculated is the cost in burden which is
made to reflect the latest wage labor rates (BLS 2019). These changes
are adjustments.
In addition, OMB has requested that EPA move towards using the 18-
question format for ICR Supporting Statements used by other federal
agencies and departments and is based on the submission instructions
established by OMB in 1995, replacing the alternate format developed by
EPA and OMB prior to 1995. EPA intends to update this Supporting
Statement
[[Page 34748]]
during the comment period to reflect the 18-question format, and has
included the questions in an attachment to this Supporting Statement.
In doing so, the Agency does not expect the change in format to result
in substantive changes to the information collection activities or
related estimated burden and costs.
IV. 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: June 24, 2021.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2021-13894 Filed 6-29-21; 8:45 am]
BILLING CODE 6560-50-P
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