[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Notices]
[Pages 10752-10753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6240]



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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5441-9]


Agency Information Collection Activities Under OMB Review; 
Notification of Arrival of Pesticides and Devices (EPA Form 3540-1) 
(ICR #152.05 and OMB #2070-0020)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 
3507(a)(1)(D)), this notice announces that the Information Collection 
Request (ICR) abstracted below, Notice of Arrival of Pesticides and 
Devices (EPA Form 3540-1, OMB Control No. 2070-0020: ICR No. 152.05), 
has been forwarded to the Office of Management and Budget (OMB) for 
review and comment. The ICR describes the nature of the information 
collection and its expected cost and burden; where appropriate, it 
includes the actual data collection instrument.

DATES: Comments must be submitted on or before April 15, 1996.

FOR FURTHER INFORMATION OR A COPY CALL:
Sandy Farmer at EPA, (202) 260-2740, and refer to EPA ICR No. 152.03.

SUPPLEMENTARY INFORMATION:

    Title: Notice of Arrival of Pesticides and Devices (EPA Form 3540-
1, OMB Control No. 2070-0020: EPA ICR No. 152.05). This is a request 
for an extension of a currently approved collection.
    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 EPA regional address (printed on 
the reverse side of the form) having jurisdiction over the 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, the product registration number (for pesticides but not 
devices), and the establishment registration number. Certain 
information reported on the form (name and address 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, in the case of pesticides but 
not devices, the product is registered and has a valid registration 
number, and if the product contains an active ingredient that has been 
suspended or cancelled; (2) if the product was produced in a currently 
registered establishment; and (3) 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. The 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, in the absence of a 
discrepancy, releases the shipment for entry. 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 help insure that 
pesticides and devices entering the U.S. comply with U.S. laws 
governing such products. 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 
stop ineffective, unregistered, suspended, cancelled, misbranded, 
contaminated, or otherwise violative products from being imported into 
the country, track those that do enter, and minimize adverse 
environmental impacts that might arise from the 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 staff, the Office of Enforcement and Compliance 
Assurance and Office of Pesticide Programs. U.S. Customs, the U.S. 
Department of Agriculture, the Food and Drug Administration, and other 
Federal agencies 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

[[Page 10753]]
numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR 
Chapter 15. The Federal Register Notice required under 5 CFR 1320.8(d), 
soliciting comments on this collection of information was published on 
November 28, 1995 (60 FR 58622). No comments were received.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.30 
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; 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: Persons importing pesticide products 
and devices.
    Estimated number of respondents: 7,000 annually.
    Estimated number of responses: 7,000 annually.
    Frequency of response: Once per shipment of pesticide or device 
imported.
    Estimated total annual hour burden: 2,100 hours.
    Estimated total annualized cost burden: $188,093.
    Please send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing the respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR 152.05 and OMB Control No. 2070-0020 in any 
correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory 
Information Division (2137), 401 M Street SW., Washington, DC 20460

      and

Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Office for EPA, 725 17th Street NW., 
Washington, DC 20503.

    Dated: March 11, 1996.
Richard Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 96-6240 Filed 3-14-96; 8:45 am]
BILLING CODE 6560-50-M