Notice of Request for Extension and Revision of a Currently Approved Information Collection

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[S&T 99002]

Notice of Request for Extension and Revision of a Currently

Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), this notice announces the Agricultural Marketing

Service's (AMS) intention to request an extension for and revision to a

currently approved information collection for Recordkeeping

Requirements for Certified Applicators of Federally Restricted Use

Pesticides (7 CFR Part 110).

DATES: Comments on this notice must be received by April 9, 1999, to be

assured of consideration.

ADDITIONAL INFORMATION OR COMMENTS: Contact Bonnie Poli, Chief,

Pesticide Records Branch, Science and Technology, AMS, 8700 Centreville

Road, Suite 202, Manassas, VA 20110, Telephone (703) 330-7826; Fax

(703) 330-6110.

SUPPLEMENTARY INFORMATION:

Title: Recordkeeping Requirements for Certified Applicators of

Federally Restricted Use Pesticides.

OMB Number: 0581-0164.

Expiration Date of Approval: September 30, 1999.

Type of Request: Extension and revision of a currently approved

information collection.

Abstract: The regulations, ``Recordkeeping Requirements for

Certified Applicators of Federally Restricted Use Pesticides,'' require

certified pesticide applicators to maintain records of federally

restricted use pesticide applications for a period of two years. The

regulations also provide for access to pesticide records or record

information by Federal or State officials, or by licensed health care

professionals when needed to treat an individual who may have been

exposed to restricted use pesticides, and penalties for enforcement of

the recordkeeping and access provisions.

The Food, Agriculture, Conservation, and Trade Act of 1990, (Pub.

L. 101-624; 7 U.S.C. 136i-1), referred to as the FACT Act, directs and

authorizes the Department to develop regulations which establish

requirements for recordkeeping by all certified applicators of

federally restricted use pesticides. A certified applicator is an

individual who is certified by the Environmental Protection Agency

(EPA) or a State under cooperative agreement with EPA to use or

supervise the use of restricted use pesticides.

Section 1491 of the FACT Act directs and authorizes the Secretary

of Agriculture to ensure compliance with regulations as the Secretary

may prescribe, including levying penalties, for failure to comply with

such regulations.

Because this is a regulatory program with enforcement

responsibility, USDA must ensure that certified applicators are

maintaining restricted use pesticide application records for the two

year period required by the FACT Act. To accomplish this, USDA must

collect information through personal inspections of certified

applicator's restricted use pesticide application records.

The information collected is used only by authorized

representatives of the USDA (AMS, Science and Technology national

staff, other designated Federal employees, and designated State

supervisors and their staffs), which are designated access to the

record information through section 1491, subsection (b) of the FACT

Act. The information is used to administer the Federal Pesticide

Recordkeeping Program. The Agency is the primary user of the

information, and the secondary user is each designated State agency

which has a cooperative agreement with AMS.

Estimate of Burden: Public reporting burden for this collection of

information is estimated as follows:

(a) Approximately 705,192 certified private applicators

(recordkeepers) apply restricted use pesticides. It is estimated that

on an average certified private applicators have a total annual burden

of .35 hours per record keeper. Of the 705,192 certified private

applicators, approximately 4,800 are selected annually for

recordkeeping inspections. It is estimated that a private applicator

that is subject to a pesticide record inspection has an annual burden

of .85 hours, which contributes to a total annual burden of 4,080

hours.

(b) There are approximately 308,583 certified commercial

applicators nationally who are required to provide copies of restricted

use pesticide application records to their clients. It is estimated

that certified commercial applicators have a total annual burden of

1,520,697 hours.

(c) It is estimated that State agency personnel who work through

cooperative agreements with AMS, to inspect certified private

applicator's records have a total annual burden of 11,020 hours.

Respondents: Certified private and commercial applicators, State

governments or employees, and Federal agencies or employees.

Estimated Number of Respondents: 1,018,651--The total number of

respondents includes approximately 308,583 certified commercial

applicators, 705,192 certified private applicators (recordkeepers) and

designated state agency personnel utilized to inspect certified private

applicator's records.

Estimated Number of Responses per Respondent: The estimated number

of responses per respondent is as follows:

(a) It is estimated that certified private applicators

(recordkeepers), record on an average 5 restricted use pesticide

application records annually.

(b) It is estimated that certified commercial applicators provide

616 copies of restricted use pesticide records to their clients

annually.

(c) State agency personnel, who work under cooperative agreements

with AMS to conduct restricted use pesticide record inspections have

approximately 4,951 responses annually.

Estimated Total Annual Burden on Respondents: 1,782,614 hours.

Comments are invited on: (1) whether the proposed collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information will have

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practical utility; (2) the accuracy of the agency's estimate of the

burden of the proposed collection of information, including the

validity of the methodology and assumptions used; (3) ways to enhance

the quality, utility, and clarity of the information to be collected;

and (4) ways to 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. Comments may be

sent to Bonnie Poli, Chief, Pesticide Records Branch, Science and

Technology, AMS, 8700 Centreville Road, Suite 202, Manassas, VA 20110.

All comments received will be available for public inspection during

regular business hours at the same address.

All responses to this notice will be summarized and included in the

request for OMB approval. All comments will become a matter of public

record.

Dated: February 2, 1999.

William J. Franks, Jr.,

Deputy Administrator, Science and Technology.

[FR Doc. 99-2947 Filed 2-5-99; 8:45 am]

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