[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Pages 39703-39704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16379]

[[Page 39703]]



[EPA-HQ-OPP-2011-0843; FRL-9519-3]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Notice of Arrival of Pesticides 
and Devices Under FIFRA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before August 6, 

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2011-0843, to (1) EPA online using www.regulations.gov (our preferred 
method), or by mail to: EPA Docket Center, Environmental Protection 
Agency, Office of Pesticide Programs Regulatory Public Docket (28221T), 
1200 Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB by mail 
to: Office of Information and Regulatory Affairs, Office of Management 
and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Scott Drewes, Field and External 
Affairs Division, (7506P), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 
347-0107; fax number: (703) 305-5884; email address: 

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On Wednesday, December 14, 2011 (76 FR 77817), EPA sought 
comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received 3 
comments during the comment period, which are addressed in the ICR. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OPP-2011-0843, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Office of Pesticide 
Programs (OPP) Regulatory Public Docket in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. 
The EPA/DC Public Reading Room is open from 8 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is 202-566-1744, and the telephone number for the OPP 
Regulatory Public Docket is 703-305-5805.
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, confidential business information (CBI), or other information 
whose public disclosure is restricted by statute. For further 
information about the electronic docket, go to www.regulations.gov.
    Title: Notice of Arrival of Pesticides and Devices under section 
17(c) of FIFRA.
    ICR Numbers: EPA ICR No. 0152.10, OMB Control No. 2070-0020.
    ICR Status: This ICR is scheduled to expire on August 31, 2012. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, 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 in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: The Customs and Border Protection (CBP) regulations at 19 
CFR 12.112 require that an importer desiring to import a pesticide or 
device into the United States shall, prior to the shipment's arrival in 
the United States, submit a Notice of Arrival of Pesticides and Devices 
(EPA Form 3540-1) to EPA. EPA Form 3540-1 requires the identification 
and contact information of parties involved in the importation of the 
pesticide or device and information on the identity of the imported 
pesticide or device shipment. EPA will review the form and indicate the 
disposition of the shipment upon its arrival in the United States. Upon 
completing Form 3540-1, EPA returns the form to the importer of record 
or authorized agent, who must present the form to CBP upon arrival of 
the shipment at the port of entry. This is necessary to ensure that EPA 
is notified of the arrival of pesticides and devices as required under 
FIFRA section 17(c), and that EPA has the ability to examine such 
shipments to determine compliance with FIFRA. Upon the arrival of the 
shipment, the importer presents the completed Notice of Arrival (NOA) 
to the CBP District Director at the port of entry. CBP compares entry 
documents for the shipment with the NOA and notifies the EPA regional 
office of any discrepancies.
    During this renewal of this information collection, EPA is revising 
EPA Form 3540-1. The revisions clarify the instructions for completing 
the form, revise the data items, and update the terminology used on the 
form to be consistent with those used by CBP. In addition, EPA is 
capturing the burden of providing supplemental information submitted 
with Form 3540-1 to the Agency by most importers on a voluntary basis.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.43 
hours per response. 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. This 
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 which have subsequently changed; 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.
    Respondents/Affected Entities: Entities potentially affected by 
this ICR are individuals or entities that import pesticides into the 
United States. The North American Industrial Classification System 
(NAICS) codes

[[Page 39704]]

assigned to the parties responding to this information collection 
include NAICS code 236220 (Commercial and Institutional Building 
Construction), Sector 11 (Agriculture, Forestry, Fishing and Hunting), 
and Sector 42 (Wholesale Trade). The majority of responses come from 
entities that fall under NAICS code 325300 (Pesticide and Other 
Agricultural Chemical Manufacturing).
    Estimated Number of Respondents: 28,000.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 12,040.
    Estimated Total Annual Cost: $685,146, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is an increase of 4540 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is a result of an increase in the 
annual number of NOAs submitted and an increase in the burden hours per 
response. The average, annual number of NOAs submitted to EPA increased 
from 25,000 to 28,000. The average burden hours per response will 
change from 0.3 hours for the previous ICR renewal to 0.43 hours for 
this ICR renewal. This change in burden hours per response is a result 
of changes to the data items on EPA Form 3450-1, and well as an 
accounting of the burden of voluntarily submitting certain information. 
Specifically, this burden estimate accounts for the new burdens related 
to providing information for the telephone numbers and email addresses 
of the shipper, importer of record, and licensed customs broker, when 
supplying name and address information, and for the complete address, 
including telephone and email address, of the carrier be provided. In 
addition, EPA is accounting for the burden of voluntarily providing 
active ingredients and percentage of each, supporting documentation for 
registered and unregistered pesticides, as well as intended use 
information for unregistered pesticides. This change is an adjustment.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2012-16379 Filed 7-3-12; 8:45 am]