[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Notices]
[Pages 29310-29311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13804]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6351-7]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Notification of Arrival of Pesticides and Devices

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 
3507(a)(1)(D)), this document 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. 152.06), 
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 July 1, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202) 
260-2740, by e-mail at [email protected], or download off 
the Internet at http://www.epa.gov/icr and refer to EPA ICR No. 152.06.

SUPPLEMENTARY INFORMATION:
    Title: Notice of Arrival of Pesticides and Devices (EPA Form 3540-
1, OMB Control No. 2070-0020: EPA ICR No. 152.06). This is a request 
for an extension of a currently approved collection.
    Abstract: FIFRA section 17(c) directs the Secretary of the Treasury 
to notify the Administrator of the Environmental Protection Agency 
(EPA) of the arrival of pesticides and devices being imported into the 
United States and deliver to the Administrator, upon the 
Administrator's request, samples of pesticides or devices which are 
being imported into the United States.
    The Notice of Arrival form (EPA Form 3540-1), prescribed by 19 CFR 
12.112(a), is the instrument by which Customs and the EPA achieve 
coordination over shipments of goods classified as pesticides imports. 
The Notice of Arrival (NOA) form, acknowledging an impending shipment 
of pesticides or devices, must be presented to EPA prior to the arrival 
of the pesticide products for each shipment of pesticides.
    Pesticide importers, brokers, consignees, must prepare the NOA, 
identifying the nature of the planned importation, and submit it to the 
EPA region having jurisdiction over the port through which the 
pesticide or device is to be imported. EPA regional personnel review 
the submission to determine whether the planned import appears to 
comply with FIFRA, and whether there is an apparent need to inspect the 
import. After review, EPA signs and returns the NOA to the importer.
    The importer presents the EPA-signed NOA to the District Director 
of U.S. Customs at the port of entry. The U.S. Customs notifies the EPA 
regional office, if instructed, or if it identifies any discrepancies. 
Customs releases the shipment for entry following receipt of EPA 
clearance and signs part III of the NOA which is then returned to the 
regional office with jurisdiction over the port of entry. Each region 
stores and maintains its own copies of NOA

[[Page 29311]]

submissions. A copy of the NOA, instructions for its completion, 
section 17 of FIFRA, and 19 CFR 12.112 is attached to further explain 
and document this reporting requirement.
    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, canceled, 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 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 January 5, 
1999. 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: $0.
    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 152.06 and OMB Control No. 2070-0020 in any 
correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of 
Policy, 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: May 24, 1999.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 99-13804 Filed 5-28-99; 8:45 am]
BILLING CODE 6560-50-P