[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74715-74717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29118]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0809; FRL-8749-4]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Notice of Arrival of Pesticides and Devices (EPA Form 
3540-1); EPA ICR No. 0152.09, OMB Control No. 2070-0020

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on March 31, 2009. 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 February 9, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-

[[Page 74716]]

OECA-2008-0809, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1511.
     Mail: Enforcement and Compliance Docket and Information 
Center (ECDIC), Environmental Protection Agency, Mail Code: 2201T, 1200 
Pennsylvania Ave., NW., Washington, DC.
     Hand Delivery: Enforcement and Compliance Docket and 
Information Center (EDIC), Environmental Protection Agency, EPA Docket 
Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., 
Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2008-0809. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Robin Nogle, Office of Compliance, 
Agriculture Division (2225A), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-4154; fax number: (202) 564-0085; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OECA-2008-0809, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at Enforcement and 
Compliance Docket and Information Center in the EPA Docket Center (EPA/
DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 
The EPA/DC Public Reading Room is open from 8 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 and Information Center is 202-566-
1752.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    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).
    ICR numbers: EPA ICR No. 0152.09 OMB Control No. 2070-0020.
    ICR status: This ICR is currently scheduled to expire March 31, 
2009. 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 title 40 of the CFR, after appearing in the Federal 
Register when approved, are listed in 40 CFR part 9, are displayed 
either by publication in the Federal Register or by other appropriate 
means, such as on the related collection instrument or form, if 
applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: The U. S. Customs and Border Protection regulations at 19 
CFR 12.112 require that an importer desiring to import pesticides into 
the United

[[Page 74717]]

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. 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. After completing the form, EPA returns the form to the 
importer, or his agent, who must present the form to U.S. Customs and 
Border Protection 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), so that EPA has 
the ability to examine such shipments to determine if they are in 
compliance with FIFRA.
    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 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 and Border Protection Service as 
to the disposition of the shipment.
    Upon arrival of the shipment, the importer presents the completed 
Notice of Arrival form to the District Director of U.S. Customs and 
Border Protection at the port of entry. U.S. Customs and Border 
Protection compares the entry documents for the shipment with the 
Notice of Arrival form and notifies the EPA Regional Office of any 
discrepancies, which EPA will resolve with the importer or broker. At 
this point the shipment may be retained for examination. If there are 
no discrepancies, U.S. Customs and Border Protection 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 in any other manner 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 or devices. 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 and Border 
Protection), 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 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.
    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 which have subsequently changed; 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: 25,000.
    Estimated number of respondents: 25,000.
    Frequency of responses: 1.
    Estimated total annual burden hours: 7,500.
    There are no capital/startup costs or operating and maintenance 
costs associated with this ICR since all equipment associated with the 
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, 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.
    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 1, 2008.
Richard Colbert,
Director, Agriculture Division, Office of Compliance, Office of 
Enforcement and Compliance Assurance.
[FR Doc. E8-29118 Filed 12-8-08; 8:45 am]
BILLING CODE 6560-50-P