Notice2022-04230
Agency Information Collection Activities; Proposed Renewal of an Existing Collection and Request for Comment; Foreign Purchaser Acknowledgement Statement
Primary source
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Published
March 1, 2022
Issuing agencies
Environmental Protection Agency
Abstract
In compliance with the Paperwork Reduction Act (PRA), this document announces the availability of and solicits public comment on an Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB). The ICR, entitled: "Foreign Purchaser Acknowledgement Statement" and identified by EPA ICR No. 0161.16 and OMB Control No. 2070-0027, represents the renewal of an existing ICR that is scheduled to expire on December 31, 2022. Before submitting the ICR to OMB for review and approval under the PRA, EPA is soliciting comments on specific aspects of the information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.
Full Text
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<title>Federal Register, Volume 87 Issue 40 (Tuesday, March 1, 2022)</title>
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[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Pages 11427-11429]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04230]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2021-0749; FRL-9181-01-OCSP]
Agency Information Collection Activities; Proposed Renewal of an
Existing Collection and Request for Comment; Foreign Purchaser
Acknowledgement Statement
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this
document announces the availability of and solicits public comment on
an Information Collection Request (ICR) that EPA is planning to submit
to the Office of Management and Budget (OMB). The ICR, entitled:
``Foreign Purchaser Acknowledgement Statement'' and identified by EPA
ICR No. 0161.16 and OMB Control No. 2070-0027, represents the renewal
of an existing ICR that is scheduled to expire on December 31, 2022.
Before submitting the ICR to OMB for review and approval under the PRA,
EPA is soliciting comments on specific aspects of the information
collection that is summarized in this document. The ICR and
accompanying material are available in the docket for public review and
comment.
DATES: Comments must be received on or before May 2, 2022.
ADDRESSES: Submit your comments, identified by docket identification
(ID)
[[Page 11428]]
number EPA-HQ-OPP-2021-0749, though the Federal eRulemaking Portal at
<a href="https://www.regulations.gov">https://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 opened to visitors by
appointment only. 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: For general information contact:
Carolyn Siu, Regulatory Support Branch (7101M), Office of Chemical
Safety and Pollution Prevention, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-1205; email address: <a href="/cdn-cgi/l/email-protection#f6859f83d8959784999a8f98b6938697d8919980"><span class="__cf_email__" data-cfemail="2e5d475b004d4f5c414257406e4b5e4f00494158">[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.
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 information collection activity or ICR does this action apply
to?
Title: Foreign Purchaser Acknowledgement Statement.
ICR numbers: EPA ICR No. 0161.16, and OMB Control No. 2070-0027.
ICR status: This ICR is currently scheduled to expire on December
31, 2022. 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 Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, 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 for certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: This ICR addresses the information collection activities
associated with the requirement that the EPA receive notice from
pesticide registrants that foreign purchasers of unregistered
pesticides exported from the United States. This statement is to
ascertain understanding that the pesticide product cannot be sold in
the United States. Section 17(a)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) requires an exporter of any
pesticide not registered under FIFRA section 3 or sold under FIFRA
section 6(a)(1) to obtain a signed statement from the foreign purchaser
acknowledging that the purchaser is aware that the pesticide is not
registered for use in, and cannot be sold in, the United States. A copy
of this statement, which is known as the Foreign Purchaser
Acknowledgement Statement, or FPAS, must be transmitted, by EPA, to the
Designated National Authority or appropriate official of the government
in the importing country. This information is submitted via mail or
electronically through the Central Data Exchange (CDX) in the form of
annual or per-shipment statements to EPA, which maintains original
records and transmits copies, along with an explanatory letter, via
email to appropriate government officials of the countries that are
importing the pesticide.
In addition to the export notification for unregistered pesticides,
FIFRA requires that all exported pesticides include appropriate
labeling. There are different requirements for registered and
unregistered products. For registered products, export labeling
requirements alone meet the definition of third-party notification. In
the interests of consolidating various related information collection
requests, this ICR includes burden estimates for the FPAS requirement
for unregistered pesticides, as well as the labeling requirement for
all exported pesticides, both registered and unregistered. These
burdens have been consolidated in this ICR since the implementation of
the 1993 pesticide export policy governing the export of pesticides,
devices, and active ingredients used in producing pesticides.
The ICR, which is available in the docket along with other related
materials, provides a detailed explanation of the collection activities
and the burden estimate that is only briefly summarized here.
Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.06
hours per response. Burden is defined in 5 CFR 1320.3(b).
Respondents/Affected Entities: Entities potentially affected by
this ICR are individuals or entities engaged that either manufacture
and export pesticides or that reformulate or repackage and export
pesticides. The North American Industrial Classification System (NAICS)
code assigned to the parties responding to this information is 3250A1.
Respondent's obligation to respond: Mandatory under FIFRA section
17(a)(2).
Estimated total number of potential respondents: 2,240.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
5,014.
Estimated total annual burden hours: 16,660 hours.
Estimated total annual costs: $1,265,501, which includes an
estimated cost of $0 for capital investment or maintenance and
operational costs.
III. Are there changes in the estimates from the last approval?
There is no change in burden from that currently approved by OMB.
There were adjustments to the Agency burden estimate related to the
ongoing COVID 19 public health emergency, during which EPA has had
limited access to regular mail since March 2020, which prompted EPA to
announce a temporary COVID 19 flexibility to allow for secure
electronic submissions (86 FR 46246, August 18, 2021) (FRL-8721-01-
OCSPP). Given this circumstance, EPA cannot yet estimate the annual
changes in the number of submissions based on historical data about
submission over the last 3 years, and/or changes in
[[Page 11429]]
burden since the existing ICR was approved by OMB. Instead, this ICR
relies on previous estimates and assumes the numbers have largely
remained steady over the past 3 years.
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. The Agency does not expect this 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 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 document 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.
Authority: 44 U.S.C. 3501 et seq.
Dated: February 23, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2022-04230 Filed 2-28-22; 8:45 am]
BILLING CODE 6560-50-P
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