[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Notices]
[Pages 58622-58623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29038]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5334-9]


Agency Information Collection Activities Up for Renewal: Import 
of Pesticides or Devices

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) listed below is coming up for renewal. Before submitting the 
renewal package to the Office of Management and Budget (OMB), EPA is 
soliciting comments on specific aspects of the collection as described 
below.

DATES: Comments must be submitted January 29, 1996.

ADDRESSES: Office of Enforcement and Compliance Assurance, Office of 
Compliance, Agriculture and Ecosystems Division, Agriculture Branch 
(2225A), 401 M Street, SW. Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Steve Howie, 202-564-4146/fx202-564-
0028/Frank Coleman, 202-564-5012/fx202-564-0028.

SUPPLEMENTARY INFORMATION:
    Affected Entities: This action affects entitites which import 
pesticides or devices into the continental United States.
    Title: Notice of Arrival of Pesticides and Devices (EPA Form 3540-
1), OMB No. 2070-0020, Expiration Date: 04/30/96.
    Abstract: Pursuant to section 17(c) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA) U.S. Customs is required to 
notify EPA prior to the import of pesticides or devices into the United 
States. To assist in meeting this requirement, importers, who may be 
represented by brokers, agents, or consignees, must present a Notice of 
Arrival (NOA, EPA Form 3540-1) to the EPA informing the Agency of the 
arrival of the imported pesticide products as required by 19 CFR 
12.112. The form is submitted to the regional headquarters address 
(printed on the reverse side of the form) having jurisdiction over the 

[[Page 58623]]
port through which the product or device is to be imported.
    Part I of the form requests identification and address information 
of the importer or his agent followed by information on the imported 
pesticide or device, e.g., the active ingredients or devices produced, 
brand name, and the product registration number (for pesticides but not 
devices) and the establishment registration number. Certain information 
reported on the form (names and addresses of broker or agent, of 
importer or consignee, and of shipper, along with unit size, quantity, 
total net weight, country of origin, port of entry, carrier, entry 
number, and entry date) may be claimed as Confidential Business 
Information (CBI). Other information (EPA Registration Number, EPA 
Producer Establishment Number, the brand name of product, and major 
active ingredients and percentage of each) may not be claimed as CBI.
    EPA Regional personnel review the completed form for completeness 
and accuracy and to determine: (1) If the product is registered and has 
a valid registration number, (2) if the product contains an active 
ingredient that has been suspended or cancelled, (3) if the pesticide 
was produced in a registered and active pesticide producing 
establishment, and (4) if the product is misbranded. EPA resolves any 
discrepancies on the report with the importer or his agent. If the 
information on the form is correct, Part II is signed and the form is 
returned to the respondent with approval.
    Upon the arrival of the shipment, the importer presents the NOA to 
the District Director of U.S. Customs at the port of entry. U.S. 
Customs compares entry documents for the shipment with the Notice of 
Arrival; it notifies the EPA Regional Office of any discrepancies 
between the NOA and the entry documents and releases the shipment for 
entry after receipt of EPA clearance. Customs signs Part III of the 
form, returns the Official File Copy to EPA, and retains the Customs' 
Copy to complete this portion of the transaction.
    The purpose of this reporting requirement is to insure that no 
unregistered or misbranded pesticides enter the U.S. Uniform reporting 
of information submitted for pesticides arriving in the customs 
territory of the U.S. is necessary to monitor compliance with FIFRA, to 
identify the responsible party in cases of violations, and to determine 
specific information regarding the source of any pesticide in question. 
The information permits EPA to trace ineffective, contaminated, or 
otherwise violative products to their source, and minimizes any adverse 
environmental impact that might arise from this importation of 
violative products. Additionally, by requiring brokers/agents to offer 
documentation to Customs and EPA of the importation of registered 
pesticides the flow of commerce for approved products is facilitated.
    The information collected is used by EPA Regional pesticide 
enforcement and compliance staffs and the Headquarters Office of 
Enforcement and Compliance Assurance and Office of Pesticide Programs. 
Customs, the U.S. Department of Agriculture, the Food and Drug 
Administration, and other federal agencies may also make use of this 
information.
    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;
    (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 automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
Burden Statement
    Burden Hours per Response: 0.3 hour per NOA to include time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining data, and completing and reviewing the application.
    Frequency of Response: Once per shipment of pesticide or device 
imported.
    Number of Respondents: 7,000 annually.
    Total annual reporting and record-keeping burden: 2,100 hours.
    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 purpose 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.
    No person is required to respond to a collection of information 
unless it displays a currently valid OMB control number. The OMB 
control number for EPA's regulations are displayed in 40 CFR part 9.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.

    Dated: November 13, 1995.
Elaine S. Stanley,
Director, Office of Compliance, Office of Enforcement and Compliance 
Assurance.
[FR Doc. 95-29038 Filed 11-27-95; 8:45 am]
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