[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: ---------------------------------------------------------------------------------------------------------------- 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] BILLING CODE 6560-50-F