[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Notices]
[Pages 31747-31749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08906]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0139; FRL-11668-01-OCSPP]


Agency Information Collection Activities; Proposed Renewal of an 
Existing ICR Collection and Request for Comment; Notice of Arrival of 
Pesticides and Devices Under Section 17(c) of FIFRA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces the availability of and solicits public comment on 
the following Information Collection Request (ICR) that EPA is planning 
to submit to the Office of Management and Budget (OMB): ``Notice of 
Arrival of Pesticides and Devices under section 17(c) of FIFRA,'' 
identified by EPA ICR No. 0152.15 and OMB Control No. 2070-0020. This 
ICR represents a renewal of an existing ICR that is currently approved 
through January 31, 2025. Before submitting the ICR to OMB for review 
and approval under the PRA, EPA is soliciting comments on specific 
aspects of the information collection that is summarized in this 
document. The ICR and accompanying material are available in the docket 
for public review and comment.

DATES: Comments must be received on or before June 24, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0139, through https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Additional instructions on commenting or visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division 
(7602M), Office of Program Support, Office of Chemical Safety and 
Pollution Prevention, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(703) 719-1649; email address: [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 31748]]

I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), 
EPA specifically solicits comments and information to enable it to:
    1. 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.
    2. Evaluate the accuracy of the Agency's estimates of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. 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.

II. What information collection activity or ICR does this action apply 
to?

    Title: Notice of Arrival of Pesticides and Devices under section 
17(c) of FIFRA.
    EPA ICR No.: 0152.15.
    OMB Control No.: 2070-0020.
    ICR status: This ICR is currently approved through January 31, 
2025. Under the PRA, 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 Code of Federal Regulations 
(CFR), after appearing in the Federal Register when approved, 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 for certain EPA 
regulations is consolidated in 40 CFR part 9.
    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. 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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 26 
minutes per response. Burden is defined in 5 CFR 1320.3(b).
    The ICR, which is available in the docket along with other related 
materials, provides a detailed explanation of the collection activities 
and the burden estimate that is only briefly summarized here:
    Respondents/affected entities: Entities potentially affected are 
those that are pesticide importers, which include the following North 
American Industrial Classification System (NAICS) codes 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, per 40 CFR 152.25(f) 
and FIFRA sections 3 and 25.
    Forms: EPA Form 3540-1 or its Customs-authorized electronic 
equivalent.
    Frequency of response: On occasion.
    Total estimated number of potential respondents: 92,133.
    Total estimated average number of responses for each respondent: 1.
    Total estimated annual burden hours: 67,723 hours.
    Total estimated annual respondent costs: $5,478,039, which includes 
an estimated cost of $0 for capital investment or maintenance and 
operational costs.

III. Are there changes in the estimates from the last approval?

    There is an increase of 26,843 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This change reflects an increase in the annual number 
of NOAs submitted electronically through the ACE system by 75,892. 
There is an increase in respondent costs by $2,724,517. Cost increases 
are a result of changes to reflect the current wage rates. This is an 
adjustment.
    In addition, OMB has asked the Agency to replace the format EPA has 
historically used for ICR Supporting Statements with the 18-question 
format that is used by other federal agencies and departments. The 18-
question format is based on the submission instructions to agencies 
that appear on the OMB submission form. Although this supporting 
statement has been modified to reflect the 18-question format, the 
change in format has not changed the information collection activities 
or related estimated burden and costs. EPA welcomes your feedback on 
whether this improves the presentation of the information collection 
activities and related burden and costs estimates.

IV. What is the next step in the process for this ICR?

    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. EPA will issue another 
Federal Register document 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 person listed under FOR 
FURTHER INFORMATION CONTACT.
    Authority: 44 U.S.C. 3501 et seq.


[[Page 31749]]


    Dated: April 22, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-08906 Filed 4-24-24; 8:45 am]
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