[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Notices]
[Pages 43405-43407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14885]


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ENVIRONMENTAL PROTECTION AGENCY

[OECA-2005-0073, FRL-7944-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Notice of Arrival of Pesticides and Devices (EPA Form 
3540-1). EPA ICR Number: 0152.08, OMB Control Number 2070-0020

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 document announces that EPA is planning to submit a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on January 31, 
2005. 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 September 26, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OECA-
2005-0073, to EPA online using EDOCKET (our preferred method), by email 
to [email protected], or by mail to: Enforcement and Compliance 
Docket and Information Center, Environmental Protection Agency, Mail 
Code 2201T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Stephen Howie, telephone number: (202) 
564-4146; fax number: (202) 564-0085; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OECA-2005-0073, which is available for 
public viewing at the Enforcement and Compliance Docket in the EPA 
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 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) 564-1927. An electronic version of the public docket is available 
through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use 
EDOCKET to obtain a copy of the draft collection of

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information, submit or view public comments, access the index listing 
of the contents of the public 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 
above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to www.epa.gov./edocket.
    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). EPA ICR Number: 0152.08, OMB Control Number 2070-0020. Scheduled to 
expire on January 31, 2006.
    Abstract: The U.S. Customs 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 upon arrival of the shipment at the port of entry. This is 
necessary to insure 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 that 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 the U.S. Customs Service as to the 
disposition of the shipment.
    Upon the arrival of the shipment, the importer presents the 
completed 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 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 follows instructions regarding release or 
detention. If EPA inspects the shipment and it appears from examination 
of a sample that it is adulterated, or 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 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. This reporting requirement is needed to meet direct 
statutory requirements of FIFRA regarding notification of the Agency 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), the Department of 
Agriculture, the Food and Drug Administration, and other Federal 
agencies may also make use of this information.
    EPA is exploring mechanisms whereby importers may respond 
electronically to this requirement. One of the EPA Regions has 
initiated an electronic NOA program, whereby respondents submit initial 
importation information to EPA for review and receive Agency sign-off 
through electronic means over the internet. The completed 
electronically transmitted NOA is then printed out and presented to 
Customs during entry of the shipment. Other Regions have expressed 
interest, and this program may therefore be expanded. EPA is 
particularly interested in receiving comments regarding this type of 
program, and electronic submission in general.
    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, 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.
    Burden: The average annual burden to the industry over the next 
three years is estimated to be 0.3 person hours per response.
    Respondents/affected entities: 25,000.
    Estimated number of respondents: 25,000.
    Frequency of responses: 1.
    Estimated total annual hour burden: 7,500.
    There are no capital/startup costs or operating and maintenance 
(O&M) costs associated with this ICR since all equipment associated 
with this 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, 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;

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complete and review the collection of information; and transmit or 
otherwise disclose the information.

    Dated: July 22, 2005.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.
[FR Doc. 05-14885 Filed 7-26-05; 8:45 am]
BILLING CODE 6560-50-P