[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74715-74717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29118]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2008-0809; FRL-8749-4]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Notice of Arrival of Pesticides and Devices (EPA Form
3540-1); EPA ICR No. 0152.09, OMB Control No. 2070-0020
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on March 31, 2009. Before submitting the ICR to OMB
for review and approval, EPA is soliciting comments on specific aspects
of the proposed information collection as described below.
DATES: Comments must be submitted on or before February 9, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
[[Page 74716]]
OECA-2008-0809, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: docket.oeca@epa.gov.
Fax: (202) 566-1511.
Mail: Enforcement and Compliance Docket and Information
Center (ECDIC), Environmental Protection Agency, Mail Code: 2201T, 1200
Pennsylvania Ave., NW., Washington, DC.
Hand Delivery: Enforcement and Compliance Docket and
Information Center (EDIC), Environmental Protection Agency, EPA Docket
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW.,
Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. Such deliveries
are only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2008-0809. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Robin Nogle, Office of Compliance,
Agriculture Division (2225A), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-4154; fax number: (202) 564-0085; e-mail address:
nogle.robin@epa.gov.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OECA-2008-0809, which is available for online viewing at
http://www.regulations.gov, or in person viewing at Enforcement and
Compliance Docket and Information Center 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
Enforcement and Compliance Docket and Information Center is 202-566-
1752.
Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.
What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits 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 responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
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 and provide specific
examples.
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. Offer alternative ways to improve the collection activity.
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID 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.
What Information Collection Activity or ICR Does This Apply to?
Affected entities: Entities potentially affected by this action are
those which import pesticides and devices.
Title: Notice of Arrival of Pesticides and Devices (EPA Form 3540-
1).
ICR numbers: EPA ICR No. 0152.09 OMB Control No. 2070-0020.
ICR status: This ICR is currently scheduled to expire March 31,
2009. 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 U. S. Customs and Border Protection regulations at 19
CFR 12.112 require that an importer desiring to import pesticides into
the United
[[Page 74717]]
States shall, prior to the shipment's arrival, submit a Notice of
Arrival of Pesticides and Devices (EPA Form 3540-1) to EPA who will
determine the disposition of the shipment. The form requires
identification and address information of the importer or his agent and
information on the identity and location of the imported pesticide or
device shipment. After completing the form, EPA returns the form to the
importer, or his agent, who must present the form to U.S. Customs and
Border Protection 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 by the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) section 17(c), so that EPA has
the ability to examine such shipments to determine if they are in
compliance with FIFRA.
When the form is submitted to EPA regional personnel for review, it
is examined to determine whether the shipment should be released for
entry upon arrival or whether it should be detained for examination.
The responsible EPA official returns the form to the respondent with
EPA instructions to the U.S. Customs and Border Protection Service as
to the disposition of the shipment.
Upon arrival of the shipment, the importer presents the completed
Notice of Arrival form to the District Director of U.S. Customs and
Border Protection at the port of entry. U.S. Customs and Border
Protection compares the entry documents for the shipment with the
Notice of Arrival form and notifies the EPA Regional Office of any
discrepancies, which EPA will resolve with the importer or broker. At
this point the shipment may be retained for examination. If there are
no discrepancies, U.S. Customs and Border Protection follows
instructions regarding release or detention. If EPA inspects the
shipment and it appears from examination of a sample that it is
adulterated, misbranded, or in any other manner violates the provisions
of FIFRA, or is otherwise injurious to health or the environment, the
pesticide or device may be refused admission into the United States.
This reporting requirement is needed to inform the Agency of
pesticides arriving in the customs territory of the United States and
to ensure compliance with FIFRA by the responsible party importing
pesticides or devices. This reporting requirement is needed to meet
direct statutory requirements of FIFRA regarding notification of EPA of
such arrivals.
The information collected is used by EPA Regional pesticide
enforcement and compliance staff and the Headquarters Office of
Enforcement and Compliance Assurance and Office of Pesticide Programs.
The U.S. Department of Homeland Security (Customs and Border
Protection), the Department of Agriculture, the Food and Drug
Administration, and other Federal agencies may also make use of this
information.
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 are listed in 40 CFR Part 9.
The EPA would like to solicit comments 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.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.3
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: 25,000.
Estimated number of respondents: 25,000.
Frequency of responses: 1.
Estimated total annual burden hours: 7,500.
There are no capital/startup costs or operating and maintenance
costs associated with this ICR since all equipment associated with the
ICR is present as part of ordinary business practices.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, 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;
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.
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 1320.12. At that time, 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
technical person listed under FOR FURTHER INFORMATION CONTACT.
Dated: December 1, 2008.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of
Enforcement and Compliance Assurance.
[FR Doc. E8-29118 Filed 12-8-08; 8:45 am]
BILLING CODE 6560-50-P