[Federal Register Volume 74, Number 51 (Wednesday, March 18, 2009)]
[Notices]
[Pages 11540-11542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5877]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0809; FRL-8783-3]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Notice of Arrival of Pesticides 
and Devices (FIFRA); EPA ICR No. 0152.09 OMB Control No. 2070-0020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(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. The ICR, which is abstracted below, describes the 
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before April 17, 
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2008-0809 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 and Information Center (ECDIC), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: 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: 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: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On December 9, 2008, (73 FR 74715-74717), EPA sought comments 
on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-

[[Page 11541]]

HQ-OECA-2008-0809, which is available for online viewing at http://www.regulations.gov, or in person viewing at the Enforcement and 
Compliance Docket 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 is 202-566-1752.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 
receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Notice of Arrival of Pesticides and Devices (FIFRA).
    ICR numbers: EPA ICR No. 0152.09, OMB Control No. 2070-0020.
    ICR Status: This ICR is scheduled to expire on March 31, 2009. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 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 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) 
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 and Border Protection as to 
the disposition of the shipment.
    Upon the arrival of the shipment, the importer presents the 
completed Notice of Arrival (NOA) to the District Director of Customs 
and Border Protection at the port of entry who then compares entry 
documents for the shipment with the NOA 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 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 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 information collection activity reporting requirement is 
needed to allow Customs and Border Protection to fulfill its statutory 
obligation to inform EPA of pesticides and devices arriving in the 
United States so that EPA can ensure compliance with FIFRA by the 
responsible party importing the pesticides or devices. The information 
permits EPA to stop unregistered, suspended, canceled, misbranded, 
contaminated, or otherwise violative products from being imported into 
the country, track those that do enter, and minimize any adverse 
environmental impact that might arise from the importation of violative 
products. If EPA did not collect this information, EPA and Customs and 
Border Protection would be unable to meet their statutory requirements 
under FIFRA.
    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 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 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: Pesticide Importers.
    Estimated Number of Respondents: 25,000.
    Frequency of Response: 1.
    Estimated Total Annual Hour Burden: 7500.
    Estimated Total Annual Cost: $423,420, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is no change of hours in the total 
estimated burden currently identified in the OMB Inventory of Approved 
ICR Burdens.


[[Page 11542]]


    Dated: March 12, 2009.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. E9-5877 Filed 3-17-09; 8:45 am]
BILLING CODE 6560-50-P