[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Notices]
[Pages 73042-73045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33458]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-00624; FRL-6388-6]


Recordkeeping Requirements for Certified Applicators Using 1080 
Collars for Livestock Protection; Renewal of Pesticide Information 
Collection Activities and 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 EPA is seeking public 
comment on the following Information Collection Request (ICR): 
``Recordkeeping Requirements for Certified Applicators Using 1080 
Collars for Livestock Protection (OMB Control No. 2070-0074; EPA No. 
1249.06).'' This is a request to renew an existing ICR that is 
currently approved and is due to expire June 30, 2000. 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, identified by the docket control number OPP-
00624 must be received on or before [insert date 60 days after date of 
publication in the Federal Register].

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 the ``SUPPLEMENTARY INFORMATION.'' To ensure 
proper receipt by EPA, it is imperative that you identify docket 
control number OPP-00624 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: By mail: Cameo Smoot, Field and 
External Affairs Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460; 
telephone number: 703-305-5454; fax number: 703-305-5884; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you are one of 
the approximately 120 certified pesticide applicators, who utilize 1080 
toxic collars for livestock protection. Or a State Agency that 
implements a 1080 collar monitoring program in the state of Montana, 
New Mexico, South Dakota, or Wyoming. Or are one of the five 
registrants are required to keep records of: (1) number of collars 
purchased; (2) number of collars placed on livestock; (3) number of 
collars punctured or ruptured; (4) apparent cause of puncture or 
rupture; (5) number of collars lost or unrecovered; (6) number of 
collars in use and in storage; and (7) location and species data on 
each animal poisoned as an apparent result of the toxic collar. 
Potentially affected categories and entities may include, but are not 
limited to:


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                                                                                       Examples of potentially
              Category                     NAICS codes              SIC codes             affected entities
----------------------------------------------------------------------------------------------------------------
Pesticide and other agricultural     325320                  286--Industrial         Pesticide registrants whose
 chemical manufacturing                                       organic chemicals       products include 1080
                                                                                      collars
                                                             287--Agricultural
                                                              chemicals
----------------------------------------------------------------------------------------------------------------

[[Page 73043]]

 
Administration of Environmental      9241                    None                    States implementing a 1080
 Quality Control Programs                                                             collar monitoring program
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes and the Standard Industrial Classification (SIC) codes are 
provided to assist you and others in determining whether or not this 
action might apply to certain entities. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under ``FOR FURTHER INFORMATION CONTACT.''

II. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

A. Electronically

    You may obtain electronic copies of this document, and certain 
other related documents that might be available electronically, from 
the EPA Internet Home Page at http://www.epa.gov/. On the Home Page 
select ``Laws and Regulations'' and then look up the entry for this 
document under the ``Federal Register--Environmental Documents.'' You 
can also go directly to the Federal Register listings at http://
www.epa.gov/fedrgstr/.

B. Fax-on-Demand

    Using a faxphone call (202) 401-0527 and select item 6076 for a 
copy of the ICR.

C. In Person

    The Agency has established an official record for this action under 
docket control number OPP-00624. The official record consists of the 
documents specifically referenced in this action, any public comments 
received during an applicable comment period, and other information 
related to this action, including any information claimed as 
Confidential Business Information (CBI). This official record includes 
the documents that are physically located in the docket, as well as the 
documents that are referenced in those documents. The public version of 
the official record does not include any information claimed as CBI. 
The public version of the official record, which includes printed, 
paper versions of any electronic comments submitted during an 
applicable comment period, is available for inspection in the Public 
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 
#2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The PIRIB telephone 
number is (703) 305-5805.

III. How Can I Respond to this Action?

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

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-00624 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments and/or data 
electronically by e-mail to: ``[email protected],'' or you can submit 
a computer disk as described in Units III.A.1. and 2. Do not submit any 
information electronically that you consider to be CBI. Avoid the use 
of special characters and any form of encryption. Electronic 
submissions will be accepted in WordPerfect 6.1/8.0 or ASCII file 
format. All comments in electronic form must be identified by docket 
control number OPP-00624. Electronic comments may also be filed online 
at many Federal Depository Libraries.

B. How Should I Handle CBI that I Want to Submit to the Agency?

     Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document 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. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person identified under ``FOR FURTHER INFORMATION 
CONTACT.''

C. 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.
    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. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number and administrative record 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.

D. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act 
(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

[[Page 73044]]

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.

IV. What Information Collection Activity or ICR Does this Action 
Apply to?

     EPA is seeking comments on the following ICR:
    Title: Recordkeeping Requirements for Certified Applicators Using 
1080 Collars for Livestock Protection.
    ICR numbers: EPA ICR No. 1249.06, OMB No. 2070-0074.
    ICR status: This is a renewal of an existing ICR that is currently 
approved by OMB and is due to expire June 30, 2000. An Agency may not 
conduct or sponsor, and a person is not required to respond to a 
collection of information that is subject to approval under the 
Paperwork Reduction Act, 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: The data that certified Livestock Protection Collar 
applicators are required to record and maintain are stipulated in ``Use 
Restriction 5'' in the technical bulletin that is part of the labeling 
for all Livestock Protection Collar products registered as pesticides 
in the United States. Use Restriction 5, from a typical technical 
bulletin, reads as follows:
    ``Each applicator shall keep records dealing with the use of 
Livestock Protection Collars and the results of such use. Records shall 
be maintained in accordance with appropriate State or Federal 
regulations but for not less than 2 years following disposal or loss of 
collars. Such records shall include, but need not be limited to:
    1. The number of collars attached on livestock.
    2. The pasture(s) where collared livestock were placed.
    3. The dates of each attachment, inspection, and removal.
    4. The number and locations of livestock found with ruptured or 
punctured collars and the apparent cause of the damage.
    5. The number, dates, and approximate location of all collars lost.
    6. The species, locations, and dates of all suspected poisonings of 
humans, domestic animals or non-target wild animals resulting from 
collar use.''
    Use Restriction 6, from the same typical technical bulletin, 
requires that ``suspected'' poisonings of ``threatened or endangered 
species, . . . humans, domestic animals or nontarget wild animals'' be 
reported, within 3 days of the incident, to a designated Government 
Agency (EPA and/or the appropriate state lead agency for regulation of 
pesticides). The EPA requires certified Livestock Protection Collar 
applicators to keep and report no records other than those prescribed 
by Use Restrictions 5 and 6.
    Livestock Protection Collar registrants are required, by Use 
Restriction 4 of the same typical technical bulletin, to:

    . . . keep records of all collars sold or transferred at their 
address of record. Records shall include the name, address, state 
where Livestock Protection Collar certification was issued, 
certification number of each recipient, and dates and numbers of 
collars sold or transferred.

    Use Restriction numbers and content vary somewhat from product to 
product due to additional restrictions or considerations either 
proposed by the registrants or required by state lead agencies. As a 
condition of registration, the EPA has required submission of annual 
reports monitoring use of all of Livestock Protection Collar products. 
Depending upon the product, the registrant or the state lead agency for 
pesticide regulation is designated as being responsible for annual 
monitoring report. The requirement to submit reports is imposed for at 
least the first 4 years of the collars' use under the registration. 
Factors affecting the extension of requirements to submit annual 
reports include: (1) quality of reports submitted previously; (2) 
results of collar use (in terms of numbers punctured by coyotes, 
numbers punctured by other causes, numbers lost, nontarget poisonings, 
etc.); and (3) frequency and nature of violations reported. In 1992, 
the requirement to submit annual monitoring reports was dropped for one 
Livestock Protection Collar product.

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 
the Recordkeeping Requirements for Certified Applicators Using 1080 
Collars for Livestock Protection is estimated to average 40 hours per 
certified applicator, 77 hours per state, and 9 hours per registrant. 
The following is a summary of the estimates taken from the ICR:
    Respondents/affected entities: Certified applicators, states, and 
registrants.
    Estimated total number of potential respondents: 120 certified 
applicators, 4 states, 5 registrants.
    Frequency of response: Annually.
    Estimated total/average number of responses for each respondent: 1.
    Estimated total annual burden hours: 5,153.
    Estimated total annual burden costs: $51,048.

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

    Yes. The Agency reduced its estimate of the number of certified 
applicators from the previous ICR (from 150 to 120). Overall, the total 
burden on respondents has been reduced from 6,439 hours to 5,153 hours. 
Changes in the total cost associated with this program are due to the 
wage rates adjustment, reflecting the most current estimates.

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

[[Page 73045]]

1320.10. 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 under ``FOR FURTHER INFORMATION CONTACT.''

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 20, 1999.

Stephen L. Johnson,

Acting Deputy Assistant Administrator for Prevention, Pesticides and 
Toxic Substances.

[FR Doc. 99-33458 Filed 12-28-99; 8:45 am]
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