[Federal Register Volume 70, Number 240 (Thursday, December 15, 2005)]
[Notices]
[Pages 74311-74313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24074]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2005-0073; FRL-8008-6]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Notice of Arrival of Pesticides 
and Devices, 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 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. This ICR is scheduled to expire on January 31, 
2006. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. This ICR describes the nature of the information collection and 
its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 17, 
2006.

[[Page 74312]]


ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2005-0073, to (1) EPA online using http://www.regulations.gov (our 
preferred method), by e-mail to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Enforcement and 
Compliance Docket, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
and (2) OMB at: 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: Stephen Howie, Office of Enforcement 
and Compliance Assurance (2225A) , Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
202-564-4146; fax number: 202-564-0085; e-mail address: 
[email protected].

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 July 27, 2005 (70 FR 43405-43407), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). No comments were received.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OECA-2004-0053, 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) 566-1927. An 
electronic version of the public docket is available at http://www.regulations.gov. Use http://www.regulations.gov to 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 and OMB 
within 30 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 http://www.regulations.gov 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 http://www.regulations.gov. 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 http://www.regulations.gov. For further information about the electronic 
docket, go to http://www.regulations.gov.
    Title: Notice of Arrival of Pesticides and Devices.
    Abstract: The U.S. Customs and Border Protection (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 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 as to the disposition of 
the shipment.
    Upon the arrival of the shipment, the importer presents the 
completed NOA to the District Director of Customs at the port of entry. 
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, 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 EPA 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 EPA 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.
    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; 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.

[[Page 74313]]

    Estimated Total Annual Hour Burden: 7500.
    Estimated Total Annual Cost: $379,065, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is an increase of 1950 hours in the 
total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due to an adjustment in the 
estimate of the number of respondents.

    Dated: December 5, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05-24074 Filed 12-14-05; 8:45 am]
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