Agency Information Collection Activities; Proposed Collection; Notice of Arrival of Pesticides and Devices Under Section 17(c) of FIFRA; Comment Request, 27413-27414 [2020-09860]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
[Notices]
[Pages 27413-27414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09860]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2016-0122; FRL-10006-27]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit an Information 
Collection Request (ICR) to the Office of Management and Budget (OMB). 
The ICR, entitled: ``Notice of Arrival of Pesticides and Devices under 
section 17(c) of FIFRA'' and identified by EPA ICR No. 0152.13 and OMB 
Control No. 2070-0020, represents the renewal of an existing ICR that 
is scheduled to expire on December 31, 2020. Before submitting the ICR 
to OMB for review and approval, EPA is soliciting comments on specific 
aspects of the proposed 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 July 7, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2016-0122, by the following method:
     Federal eRulemaking Portal: 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.
    Out of an abundance of caution for members of the public and our 
staff, the EPA Docket Center and Reading Room was closed to public 
visitors on March 31, 2020, to reduce the risk of transmitting COVID-
19. Our Docket Center staff will continue to provide remote customer 
service via email, phone, and webform. We encourage the public to 
submit comments via https://www.regulations.gov, as there is a 
temporary suspension of mail delivery to EPA, and no hand deliveries 
are currently accepted. For further information on EPA Docket Center 
services and the current status, please visit us online at https://www.epa.gov/dockets.

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: 

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.
    ICR number: EPA ICR No. 0152.13.
    OMB control number: OMB Control No. 2070-0020.
    ICR status: This ICR is currently scheduled to expire on December 
31, 2020. 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 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 
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 FIFRA section 
17(c), and that EPA has the ability to examine such

[[Page 27414]]

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.
    Burden statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 
40,880 (per year) hours 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 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).
    Estimated total number of potential respondents: 92,100.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
One per application.
    Estimated total annual burden hours: 40,880 hours.
    Estimated total annual costs: $2,753,522. There is no capital or 
operation & maintenance costs.

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

    There is an increase of 24,540 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This increase reflects 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 92,100 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.

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.

    Dated: April 28, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2020-09860 Filed 5-7-20; 8:45 am]
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