[Federal Register Volume 85, Number 251 (Thursday, December 31, 2020)]
[Notices]
[Pages 86920-86921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29098]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0122; FRL-10014-20-OMS]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Notice of Arrival of Pesticides and Devices 
Under Section 17(c) of FIFRA (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), Notice of Arrival of Pesticides 
and Devices under section 17(c) of FIFRA (EPA ICR Number 0152.13 and 
OMB Control Number 2070-0020) to the Office of Management and Budget 
(OMB) for review and approval in accordance with the Paperwork 
Reduction Act. This is a proposed extension of the ICR, which is 
currently approved through December 31, 2020. Public comments were 
previously requested via the Federal Register on May 8, 2020 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. 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 February 1, 
2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID Number 
EPA-HQ-OPP-2016-0122, 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. 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.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Connie Hernandez, FEAD (7506P), Office 
of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(703) 305-5190; 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 section 17(c) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 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

[[Page 86921]]

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: None.
    Respondents/Affected Entities: 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).
    Respondent's obligation to respond: Mandatory (FIFRA sections 3 and 
25; 40 CFR 152.25(f)).
    Estimated number of respondents: 92,133 (total).
    Frequency of response: On occasion.
    Total estimated burden: 40,880 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $ 2,753,522 (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 24,540 hours in 
the total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is due to an increase in the annual 
number of NOAs submitted. The new electronic system for submitting NOA 
filings, ACE, has contributed to the increase in the number of NOAs. 
The annual number of NOAs submitted to EPA increased from 38,000 for 
the previous ICR renewal to 92,133 for this ICR renewal. The average 
burden hours per response increased slightly from the previous ICR 
renewal of 0.43 hours to the current 0.44 per response. This change is 
an adjustment.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2020-29098 Filed 12-30-20; 8:45 am]
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