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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2070-0020
ICR Reference No:
201606-2070-002
Status:
Historical Active
Previous ICR Reference No:
201207-2070-001
Agency/Subagency:
EPA/OCSPP
Agency Tracking No:
0152.11
Title:
Notice of Arrival of Pesticides and Devices (FIFRA)
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
07/01/2016
OIRA Conclusion Action:
Approved without change
Conclusion Date:
06/29/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/24/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2016
6 Months From Approved
11/30/2016
Responses
35,000
0
35,000
Time Burden (Hours)
15,050
0
15,050
Cost Burden (Dollars)
0
0
0
Abstract:
FIFRA requires the Department of Treasury to notify EPA of the arrival of pesticides and devices so that EPA can monitor for compliance. This is accomplished through US Customs requiring importers of pesticides and devices to file a Notice of Arrival form with EPA.
Emergency Justfication:
On February 19, 2014, President Obama issued Executive Order (EO) 13659, Streamlining the Export/Import Process for America’s Businesses, in order to reduce unnecessary procedural requirements relating to, among other things, importing into the United States, while continuing to protect national security, public health and safety, the environment, and natural resources. See 79 FR 10657 (February 25, 2014). Among other directives, EO 13659 mandates that no later than December 31, 2016, ITDS “agencies shall have capabilities, agreements, and other requirements in place to utilize the ITDS and supporting systems, such as the Automated Commercial Environment [ACE], as the primary means of receiving from users … the standard set of data and other relevant documentation (exclusive of applications for permits, licenses, or certifications) required for the release of imported cargo…” By that time, ACE is expected to have the operational capabilities necessary to enable users to transmit a harmonized set of import data elements, via a “single window,” to obtain the release and clearance of goods. As a result, ITDS would eliminate redundant reporting requirements and facilitate the transition from paper-based requirements reporting and other procedures to faster and more cost-effective electronic submissions to, and communication among, government agencies. Part of the effort to ensure that the U.S. government meets the December 2016 deadline involves testing the ITDS system, often also referred to as the Automated Commercial Environment (ACE). Customs and Border Protection (CBP) can test new technology, like ITDS or ACE, by conducting pilots under the National Customs Automation Program (NCAP). Through NCAP, the thrust of customs modernization has been on trade compliance and the development of ACE, the planned successor to the Automated Commercial System (ACS). The EPA has worked with CBP to launch NCAP pilots for all of the imported commodities that EPA reviews (e.g., vehicles and engines, pesticides, ozone depleting substances and chemical substances). In addition to testing the new system via pilots, the EPA has been working diligently with CBP to revise the regulations addressing the import requirements for vehicles and engines (both nonroad and onroad), pesticides and chemical substances regulated by Toxic Substances Control Act (TSCA). These regulatory revisions will allow for the use of ACE instead of paper to meet import reporting requirements, and also collect some additional relevant information to inform compliance determinations. Despite the best efforts of EPA and CBP, these rule revisions are not final yet and therefore the related approved ICRs do not cover the few additional data elements being tested in pilots. The lack of a revised ICR is not an issue for the onroad vehicle and engine or ozone depleting substances pilots because all the information collected in those pilots is covered by the existing ICRs. In addition, the TSA certification required for chemical substances does not require an ICR. However, the pilots that test ACE for nonroad engines and pesticides imports are limited to nine or fewer importers each because the pilots were written to collect the data in the proposed rule revisions, not all of which is covered by an existing ICR. See, e.g., 81 Fed Reg. 13399 (March 14, 2016). In order to robustly test the data collection in ITDS for these commodities, and ensure that ACE is fully operational and able to meet the demand of full Trade participation by December 31, 2016, EPA and CBP need to increase participation in these two pilots beyond nine importers each. (EPA will separately request emergency approval of an ICR related to the nonroad vehicles and engines pilot.)
Authorizing Statute(s):
US Code:
7 USC 136o
Name of Law: Imports and Exports
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
Notice of Arrival of Pesticides and Devices (FIFRA)
EPA Form 3540-1
Notice of Arrival of Pesticides and Devices
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
35,000
35,000
0
0
0
0
Annual Time Burden (Hours)
15,050
15,050
0
0
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Annual Cost to Federal Government:
$1,305,568
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Angela Hofmann 202 260-2922 hofmann.angela@epamail.epa.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
06/24/2016
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