[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Notices]
[Page 11540-11542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr09-47]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2008-0809; FRL-8783-3]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Notice of Arrival of Pesticides
and Devices (FIFRA); EPA ICR No. 0152.09 OMB Control No. 2070-0020
AGENCY: Environmental Protection Agency (EPA).
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 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 April 17,
2009.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2008-0809 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to docket.oeca@epa.gov, or by mail to: EPA
Docket Center, Environmental Protection Agency, Enforcement and
Compliance Docket and Information Center (ECDIC), 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: 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: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On December 9, 2008, (73 FR 74715-74717), EPA sought comments
on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. 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-
[[Page 11541]]
HQ-OECA-2008-0809, which is available for online viewing at http://
www.regulations.gov, or in person viewing at the Enforcement and
Compliance 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 Enforcement and
Compliance Docket is 202-566-1752.
Use EPA's electronic docket and comment system at http://
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 http://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 http://
www.regulations.gov.
Title: Notice of Arrival of Pesticides and Devices (FIFRA).
ICR numbers: EPA ICR No. 0152.09, OMB Control No. 2070-0020.
ICR Status: This ICR is scheduled to expire on March 31, 2009.
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 U.S. Customs and Border Protection regulations at 19
CFR 12.112 require that an importer desiring to import pesticides into
the United 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. After completing
the form, EPA returns the form to the importer, or his agent, who must
present the form to 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)
and has the ability to examine such shipments to determine whether they
are in compliance with FIFRA.
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.
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 alternatively whether it should be detained for
examination. The responsible EPA official returns the form to the
respondent with EPA instructions to Customs and Border Protection as to
the disposition of the shipment.
Upon the arrival of the shipment, the importer presents the
completed Notice of Arrival (NOA) to the District Director of Customs
and Border Protection at the port of entry who then compares entry
documents for the shipment with the NOA and notifies the EPA Regional
Office of any discrepancies which the EPA will resolve with the
importer or broker. At this point the shipment may be retained for
examination. If there are no discrepancies, 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 otherwise 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 information collection activity reporting requirement is
needed to allow Customs and Border Protection to fulfill its statutory
obligation to inform EPA of pesticides and devices arriving in the
United States so that EPA can ensure compliance with FIFRA by the
responsible party importing the pesticides or devices. The information
permits EPA to stop unregistered, suspended, canceled, misbranded,
contaminated, or otherwise violative products from being imported into
the country, track those that do enter, and minimize any adverse
environmental impact that might arise from the importation of violative
products. If EPA did not collect this information, EPA and Customs and
Border Protection would be unable to meet their statutory requirements
under FIFRA.
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 in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable.
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: Pesticide Importers.
Estimated Number of Respondents: 25,000.
Frequency of Response: 1.
Estimated Total Annual Hour Burden: 7500.
Estimated Total Annual Cost: $423,420, includes $0 annualized
capital or O&M costs.
Changes in the Estimates: There is no change of hours in the total
estimated burden currently identified in the OMB Inventory of Approved
ICR Burdens.
[[Page 11542]]
Dated: March 12, 2009.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E9-5877 Filed 3-17-09; 8:45 am]
BILLING CODE 6560-50-P