[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Pages 95131-95132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31159]



[EPA-HQ-OPP-2016-0122; FRL-9957-37-OEI]

Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Notice of Arrival of Pesticides and Devices 
Under Section 17(c) of the Federal Insecticide, Fungicide, and 
Rodenticide Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), ``Notice of Arrival of Pesticides 
and Devices under section 17(c) of the Federal Insecticide, Fungicide, 
and Rodenticide Act'' (EPA ICR No. 0152.12, OMB Control No. 2070-0020) 
to the Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 
This is a proposed extension of the ICR, which is currently approved 
through December 31, 2016. Public comments were previously requested 
via the Federal Register (81 FR 22261) on April 15, 2016 during a 60-
day comment period. This notice allows for an additional 30 days for 
public comments. A fuller description of the ICR is given below, 
including its estimated burden and cost to the public.

[[Page 95132]]

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.

DATES: Additional comments may be submitted on or before January 26, 

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OPP-2016-0122, to (1) EPA online using www.regulations.gov (our 
preferred method), or by mail to: EPA Docket Center, Environmental 
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460, and (2) OMB via email to 
[email protected]. Address comments to OMB Desk Officer for 
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Ryne Yarger, Field and External 
Affairs Division (7506P), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: 703-605-1193; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: The U.S. Customs and Border Protection (Customs) 
regulations at 19 CFR 12.112 require that an importer desiring to 
import a pesticide or device into the United States shall, prior to the 
shipment's arrival in the United States, submit a Notice of Arrival 
(NOA) of Pesticides and Devices (EPA Form 3540-1 or its Customs-
authorized electronic equivalent) to EPA. Once EPA receives the NOA, 
EPA will determine the disposition of the shipment upon its arrival in 
the United States. Upon completing its review, the EPA response is sent 
to the importer of record or licensed customs broker, who must present 
the NOA 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 pesticidal devices as required under FIFRA section 
17(c), and that EPA has the ability to examine such shipments to 
determine compliance with FIFRA. Customs compares entry documents for 
the shipment with the NOA and notifies the EPA regional office of any 
discrepancies. Alternatively, importers may submit NOA information 
electronically through Customs' Automated Commercial Environment (ACE). 
Most of the electronic filings are automatically processed, and an 
early indication is provided to the filer if the initial reporting 
requirements have been met and if the shipment can be released upon 
arrival at the port of entry. For those filings that do not meet the 
reporting requirements, automatic checks will be performed to notify 
the filer of errors. For filings that require non-automated checks, EPA 
staff can review and provide feedback notifications through ACE to the 
filer on what information is needed that has not been provided.
    Form Numbers: EPA Form 3540-1.
    Respondents/affected entities: Entities potentially affected by 
this ICR are pesticide importers, which includes many types of business 
entities ranging from Commercial and Institutional Building 
Construction (NAICS 236220) to Pesticide and Other Agricultural 
Chemical Manufacturing (NAICS 325300) and even Public Administration: 
Executive Offices (NAICS 921110). Other business and institutions that 
import pesticides include Agriculture, Forestry, Fishing and Hunting 
(Sector 11), Wholesale Trade, (Sector 42). The majority of responses 
come from businesses that fall under NAICS code 325300.
    Respondent's obligation to respond: mandatory (7 U.S.C. 136o--
Section 17 of the Federal Insecticide, Fungicide, and Rodenticide Act.)
    Estimated number of respondents: 38,000 (total).
    Frequency of response: On occasion.
    Total estimated burden: 16,340 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $1,006,034 (per year). There is no capital or 
operation & maintenance costs.
    Changes in the Estimates: There is increase of 1,290 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase reflects EPA's updating of burden 
estimates for this collection based upon historical information on the 
number of NOAs received by EPA. Based upon revised estimates, the 
number of NOAs received has increased from 35,000 to 38,000. The 
average burden hours per response will remain unchanged from the 
previous ICR renewal of 0.43 hours per response. This change is an 

Spencer Clark,
Acting Director, Regulatory Support Division.
[FR Doc. 2016-31159 Filed 12-23-16; 8:45 am]