Pesticides; Guidance for Pesticide Registrants on the Determination of Minor Use, 12385-12386 [2018-05635]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices person is not required to respond to a collection of information unless it displays a currently valid OMB control number. DATES: Comments must be submitted on or before May 21, 2018. ADDRESSES: Submit your comments, referencing by Docket ID No. EPA–HQ– OLEM–2018–0102, online using www.regulations.gov (our preferred method), by email to rcra-docket@ epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. EPA’s policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Michael Pease, (5303P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703–308–0008; fax number: 703–308–8433; email address: pease.michael@epa.gov. SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail the information the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202–566–1744. For additional information about EPA’s public docket, visit https://www.epa.gov/dockets. Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting comments and information to enable it to: (i) 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; (ii) evaluate 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; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) 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 VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 responses. The 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. At that time, the EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. Abstract: Section 7004(b) of RCRA gives EPA broad authority to provide for, encourage, and assist public participation in the development, revision, implementation, and enforcement of any regulation, guideline, information, or program under RCRA. In addition, the statute specifies certain public notices (i.e., radio, newspaper, and a letter to relevant agencies) that EPA must provide before issuing any RCRA permit. The statute also establishes a process by which the public can dispute a permit and request a public hearing to discuss it. EPA carries out much of its RCRA public involvement at 40 CFR Parts 124 and 270. Form Numbers: None. Respondents/affected entities: Entities potentially affected by this action are Businesses and other for-profit. Respondent’s obligation to respond: Mandatory (RCRA 7004(b)). Estimated number of respondents: 59. Frequency of response: On occasion. Total estimated burden: 5,614 Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $369,547 (per year), which includes $363,866 annualized labor and $5,681 annualized capital and operation & maintenance costs. Changes in Estimates: The burden hours are likely to stay substantially the same. Dated: March 14, 2018. Barnes Johnson, Director, Office of Resource Conservation and Recovery. [FR Doc. 2018–05759 Filed 3–20–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2015–0814; FRL–9974–40] Pesticides; Guidance for Pesticide Registrants on the Determination of Minor Use Environmental Protection Agency (EPA). ACTION: Notice of availability. AGENCY: The Agency is announcing the availability of a Pesticide Registration Notice (PR Notice) entitled, SUMMARY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 12385 ‘‘Determination of Minor Use under Federal Insecticide, Fungicide, and Rodenticide Act Section 2(ll).’’ This PR Notice was signed by the Agency on March 7, 2018 and is identified as PR Notice 2018–1. PR Notices are issued by the Office of Pesticide Programs (OPP) to inform pesticide registrants and other interested persons about important policies, procedures, and registration related decisions, and serve to provide guidance to pesticide registrants and OPP personnel. This PR Notice, which supersedes PR Notice 97–2, provides guidance to the registrant as to how EPA determines a ‘‘minor use.’’ EPA seeks to identify and encourage the registration of pesticides for minor uses to protect communities from harmful pests. This PR Notice revises the method used by EPA for evaluating ‘‘sufficient economic incentive’’ under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This PR Notice explains how qualitative information may be used to inform the quantitative analysis and interpret the results, and clarifies that the United States Department of Agriculture’s (USDA) most recent Census of Agriculture is the appropriate source for data on acreage in the U.S. to establish a minor use under the acreage definition in FIFRA 2(ll)(1). FOR FURTHER INFORMATION CONTACT: Derek Berwald, Biological and Economic Analysis Division, MC 7503P, Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (703) 308–8115; email address: berwald.derek@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This action is directed to the public in general. Although this action may be of particular interest to those persons who are responsible for the initial or continuing registration of pesticides. Entities that register pesticides with EPA’s OPP typically fall under the NAICS Code 325300—Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing. This action may also be of interest to persons using pesticides on sites that may be considered ‘‘minor’’ including persons engaged in crop and livestock production, and persons engaged in pest control in residential, commercial, and municipal areas including control of public health pests, and to the public in general. Since other entities may also be interested, the Agency has not attempted to describe all the specific E:\FR\FM\21MRN1.SGM 21MRN1 12386 Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Notices between incurring costs of generating data for registration and obtaining B. How can I get copies of this document revenue from product sales, (2) the multiple years over which revenue is and other relevant information? generated, and (3) the costs of producing The docket for this action, identified and distributing the product. The PR by docket identification (ID) number Notice provides suggestions about the EPA–HQ–OPP–2015–0814, is available data that can be used to conduct the either electronically though https:// analysis. Finally, the PR Notice explains www.regulations.gov or in hard copy at how qualitative information may be the OPP Docket in the Environmental Protection Agency Docket Center, (EPA/ used to inform the quantitative analysis DC) EPA West William Jefferson Clinton and interpret the results. It also clarifies that the most recent USDA Census of Bldg., Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460–0001. Agriculture is the appropriate source for data on acreage in the U.S. to establish The Public Reading Room is open from a minor use under the acreage definition 8:30 a.m. to 4:30 p.m., Monday through in FIFRA section 2(ll)(1). Friday, excluding legal holidays. The telephone number for the Public Registrants will typically seek to Reading Room is (202) 566–1744, and demonstrate that a site is a minor use in the telephone number for the OPP the context of requesting an extension of Docket is (703) 305–5805. the exclusive use period for data submitted in support of a registration II. What guidance does this PR Notice under FIFRA section 3(c)(1)(F)(ii) or a provide? new exclusive use period for data FIFRA defines a minor use of a pesticide as either a use on a crop grown submitted to support a registration under FIFRA section 3(c)(1)(F)(vi). on 300,000 acres or less in the United These clauses are intended to provide States or a use that lacks sufficient incentives to registrants to obtain economic incentive to seek or maintain registrations for uses that might a registration but has private or social value. This PR Notice provides guidance otherwise go unfulfilled because they offer low returns because of low to the registrant concerning the method demand. used to determine if a use site is a ‘‘minor use’’ as defined by FIFRA 2(ll). The information collection activities In particular, the PR Notice describes associated with the activities described the method for determining if the use in this PR Notice are already approved ‘‘does not provide sufficient economic by the Office of Management and incentive.’’ To date, EPA’s Budget (OMB) under the Paperwork interpretation of economic minor use in Reduction Act (PRA), 44 U.S.C. 3501 et section 2(ll)(2) has been shaped by seq. The corresponding Information guidance provided in PR Notice 97–2. Collection Request (ICR) document for However, the approach outlined in PR the Application for New and Amended Notice 97–2 does not consider critical Pesticide Registration has been assigned factors that influence the incentives for EPA ICR number 0277.16 and is registration. approved under OMB control number EPA published and requested public 2070–0060. comment on the draft Economic Minor Use PR Notice on June 6, 2016 (81 FR III. Do PR Notices contain binding 38704). EPA received comments from requirements? seven entities. Most commenters were broadly supportive of the endeavor to The PR Notice about the improve upon PR Notice 97–2. determination of a minor use is Commenters supported the new process intended to provide guidance to EPA to qualify for minor use registration personnel and decision-makers and to under FIFRA as more appropriate and pesticide registrants. While the simple by clarifying and updating requirements in the statutes and Agency economic definitions and treating regulations are binding on EPA and the registration of a pesticide as an applicants, this PR Notice is not binding investment. The Agency appreciates the on either EPA or pesticide registrants, comments provided by the public, and and EPA may depart from the guidance the Agency’s responses to the comments where circumstances warrant and for the draft PR Notice can be found at without prior notice. Likewise, pesticide regulations.gov using docket ID number registrants may assert that the guidance EPA–HQ–OPP–2015–0814. is not appropriate generally or not This final PR Notice describes the revised approach to evaluate ‘‘sufficient applicable to a specific pesticide or situation. economic incentive.’’ It explicitly sradovich on DSK3GMQ082PROD with NOTICES entities that may be affected by this action. considers (1) the difference in time VerDate Sep<11>2014 18:34 Mar 20, 2018 Jkt 244001 Authority: 7 U.S.C. 136 et seq. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 Dated: March 7, 2018. Richard P. Keigwin, Jr., Director, Office of Pesticide Programs. [FR Doc. 2018–05635 Filed 3–20–18; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION [OMB 3060–0931] Information Collection Being Reviewed by the Federal Communications Commission Federal Communications Commission. ACTION: Notice and request for comments. AGENCY: As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number. DATES: Written PRA comments should be submitted on or before May 21, 2018. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Cathy Williams, FCC, via email PRA@ fcc.gov and to Cathy.Williams@fcc.gov. SUMMARY: E:\FR\FM\21MRN1.SGM 21MRN1

Agencies

[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)]
[Notices]
[Pages 12385-12386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05635]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0814; FRL-9974-40]


Pesticides; Guidance for Pesticide Registrants on the 
Determination of Minor Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Agency is announcing the availability of a Pesticide 
Registration Notice (PR Notice) entitled, ``Determination of Minor Use 
under Federal Insecticide, Fungicide, and Rodenticide Act Section 
2(ll).'' This PR Notice was signed by the Agency on March 7, 2018 and 
is identified as PR Notice 2018-1. PR Notices are issued by the Office 
of Pesticide Programs (OPP) to inform pesticide registrants and other 
interested persons about important policies, procedures, and 
registration related decisions, and serve to provide guidance to 
pesticide registrants and OPP personnel. This PR Notice, which 
supersedes PR Notice 97-2, provides guidance to the registrant as to 
how EPA determines a ``minor use.'' EPA seeks to identify and encourage 
the registration of pesticides for minor uses to protect communities 
from harmful pests. This PR Notice revises the method used by EPA for 
evaluating ``sufficient economic incentive'' under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). This PR Notice 
explains how qualitative information may be used to inform the 
quantitative analysis and interpret the results, and clarifies that the 
United States Department of Agriculture's (USDA) most recent Census of 
Agriculture is the appropriate source for data on acreage in the U.S. 
to establish a minor use under the acreage definition in FIFRA 
2(ll)(1).

FOR FURTHER INFORMATION CONTACT: Derek Berwald, Biological and Economic 
Analysis Division, MC 7503P, Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (703) 308-8115; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general. Although this 
action may be of particular interest to those persons who are 
responsible for the initial or continuing registration of pesticides. 
Entities that register pesticides with EPA's OPP typically fall under 
the NAICS Code 325300--Pesticide, Fertilizer, and Other Agricultural 
Chemical Manufacturing. This action may also be of interest to persons 
using pesticides on sites that may be considered ``minor'' including 
persons engaged in crop and livestock production, and persons engaged 
in pest control in residential, commercial, and municipal areas 
including control of public health pests, and to the public in general. 
Since other entities may also be interested, the Agency has not 
attempted to describe all the specific

[[Page 12386]]

entities that may be affected by this action.

B. How can I get copies of this document and other relevant 
information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPP-2015-0814, is available either electronically 
though https://www.regulations.gov or in hard copy at the OPP Docket in 
the Environmental Protection Agency Docket Center, (EPA/DC) EPA West 
William Jefferson Clinton Bldg., Room 3334, 1301 Constitution Ave. NW, 
Washington, DC 20460-0001. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OPP Docket is (703) 305-5805.

II. What guidance does this PR Notice provide?

    FIFRA defines a minor use of a pesticide as either a use on a crop 
grown on 300,000 acres or less in the United States or a use that lacks 
sufficient economic incentive to seek or maintain a registration but 
has private or social value. This PR Notice provides guidance to the 
registrant concerning the method used to determine if a use site is a 
``minor use'' as defined by FIFRA 2(ll). In particular, the PR Notice 
describes the method for determining if the use ``does not provide 
sufficient economic incentive.'' To date, EPA's interpretation of 
economic minor use in section 2(ll)(2) has been shaped by guidance 
provided in PR Notice 97-2. However, the approach outlined in PR Notice 
97-2 does not consider critical factors that influence the incentives 
for registration.
    EPA published and requested public comment on the draft Economic 
Minor Use PR Notice on June 6, 2016 (81 FR 38704). EPA received 
comments from seven entities. Most commenters were broadly supportive 
of the endeavor to improve upon PR Notice 97-2. Commenters supported 
the new process to qualify for minor use registration under FIFRA as 
more appropriate and simple by clarifying and updating economic 
definitions and treating registration of a pesticide as an investment. 
The Agency appreciates the comments provided by the public, and the 
Agency's responses to the comments for the draft PR Notice can be found 
at regulations.gov using docket ID number EPA-HQ-OPP-2015-0814.
    This final PR Notice describes the revised approach to evaluate 
``sufficient economic incentive.'' It explicitly considers (1) the 
difference in time between incurring costs of generating data for 
registration and obtaining revenue from product sales, (2) the multiple 
years over which revenue is generated, and (3) the costs of producing 
and distributing the product. The PR Notice provides suggestions about 
the data that can be used to conduct the analysis. Finally, the PR 
Notice explains how qualitative information may be used to inform the 
quantitative analysis and interpret the results. It also clarifies that 
the most recent USDA Census of Agriculture is the appropriate source 
for data on acreage in the U.S. to establish a minor use under the 
acreage definition in FIFRA section 2(ll)(1).
    Registrants will typically seek to demonstrate that a site is a 
minor use in the context of requesting an extension of the exclusive 
use period for data submitted in support of a registration under FIFRA 
section 3(c)(1)(F)(ii) or a new exclusive use period for data submitted 
to support a registration under FIFRA section 3(c)(1)(F)(vi). These 
clauses are intended to provide incentives to registrants to obtain 
registrations for uses that might otherwise go unfulfilled because they 
offer low returns because of low demand.
    The information collection activities associated with the 
activities described in this PR Notice are already approved by the 
Office of Management and Budget (OMB) under the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq. The corresponding Information Collection 
Request (ICR) document for the Application for New and Amended 
Pesticide Registration has been assigned EPA ICR number 0277.16 and is 
approved under OMB control number 2070-0060.

III. Do PR Notices contain binding requirements?

    The PR Notice about the determination of a minor use is intended to 
provide guidance to EPA personnel and decision-makers and to pesticide 
registrants. While the requirements in the statutes and Agency 
regulations are binding on EPA and the applicants, this PR Notice is 
not binding on either EPA or pesticide registrants, and EPA may depart 
from the guidance where circumstances warrant and without prior notice. 
Likewise, pesticide registrants may assert that the guidance is not 
appropriate generally or not applicable to a specific pesticide or 
situation.

    Authority: 7 U.S.C. 136 et seq.

    Dated: March 7, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.
[FR Doc. 2018-05635 Filed 3-20-18; 8:45 am]
 BILLING CODE 6560-50-P
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