SUPPORTING STATEMENT

ENVIRONMENTAL PROTECTION AGENCY

NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (Form 3540-1)

19 CFR  12.110-117

1. Identification of the Information Collection

1(a) Title of the Information Collection

Notice of Arrival of Pesticides and Devices under section 17(c) of the
Federal Insecticide, Fungicide, and Rodenticide Act as amended (FIFRA).
ICR Number 0152.09.

   

1(b) Short Characterization/Abstract

The U.S. Customs and Border Protection and Border Protection regulations
at 19 CFR 12.112 require that an importer desiring to import pesticides
into the United States shall, prior to the shipment's arrival, submit a
Notice of Arrival (NOA) of Pesticides and Devices (EPA Form 3540-1) to
the Environmental Protection Agency (EPA), who will determine the
disposition of the shipment. After completing the form, EPA returns the
form to the importer or his agent, who must present the form to Customs
and Border Protection 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 devices as required by the Federal Insecticide Fungicide
and Rodenticide Act (FIFRA) section 17(c) and has the ability to examine
such shipments to determine whether they are in compliance with FIFRA. 

	The form requires identification and address information of the
importer or his agent and information on the identity and location of
the imported pesticide or device shipment. When the form is submitted to
EPA regional personnel for review it is examined to determine whether
the shipment should be released for entry upon arrival or alternatively
whether it should be detained for examination.  The responsible EPA
official returns the form to the respondent with EPA instructions to
Customs and Border Protection as to the disposition of the shipment.

	Upon the arrival of the shipment, the importer presents the completed
NOA to the District Director of Customs and Border Protection at the
port of entry. Customs and Border Protection compares entry documents
for the shipment with the NOA and notifies the EPA regional office of
any discrepancies, which EPA will resolve with the importer or broker. 
At this point the shipment may be retained for examination.  If there
are no discrepancies, Customs and Border Protection follows instructions
regarding release or detention.  If EPA inspects the shipment and it
appears from examination of a sample that it is adulterated, misbranded,
or otherwise violates the provisions of FIFRA, or is otherwise injurious
to health or the environment, the pesticide or device may be refused
admission into the United States.

Respondents subject to this information collection include all importers
of pesticides and devices as defined by FIFRA.   

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection.  

This information collection activity allows Customs and Border
Protection to fulfill its statutory obligation to notify the EPA of the
arrival of pesticides into the United States.  This allows EPA to
determine whether imports comply with U.S. pesticide law.   The
information permits EPA to stop unregistered, suspended, canceled,
misbranded, contaminated, or otherwise violative products from being
imported into the country, track those that do enter, and minimize any
adverse environmental impact that might arise from the importation of
violative products.  If EPA did not collect this information, Customs
and Border Protection and the EPA would be unable to meet their
statutory requirements under FIFRA. 

2(b) Practical Utility/Users of the Data.	

The information is used by EPA regional pesticide enforcement and
compliance staff, the Office of Enforcement and Compliance Assurance,
and the Office of Pesticides Programs to monitor and assure compliance
with the pesticide laws.  Customs and Border Protection uses this
information to ensure that pesticide products admitted to the U.S. are
reviewed by the EPA for compliance.  The absence of an accompanying NOA
is, under Customs and Border Protection regulations, grounds for refusal
of entry into the United States.

3. Non-Duplication, Consultations, and other Criteria.

3(a) Non Duplication.  

The information required under this collection is not duplicated by any
other information collection.

3(b) Public Notice Required Prior to ICR Submission to OMB. 

The Federal Register notice required by 5 CFR 1320.8(d) was published
December 9, 2008 at 73 FR 74715-74717.

3(c) Consultations. 

No comments have been received in response to the notice published in
the Federal Register.

3(d) Effects of less frequent collection.

This collection represents the minimum collection frequency possible to
comply with statutory requirements, which is that the Agency be notified
of the arrival of each shipment into the United States.  

3(e) General Guidelines.

None of the reporting or recordkeeping requirements contained in 19 CFR
12.110-117 violates any of the regulations established by OMB in 5 CFR
1320.6.

3(f) Confidentiality.

If information submitted by an importer bringing pesticides into the
United States is declared sensitive or confidential, it cannot be
released to the public.  Certain information reported on the form (names
and addresses of broker or agent, of importer or consignee, and of
shipper, along with unit size, quantity, total net weight, country of
origin, port of entry, carrier, entry number, and entry date) may be
claimed as Confidential Business Information (CBI).  Other information
(EPA Registration Number and Producer Establishment Number, the brand
name of product, and major active ingredients and percentage of each)
may not be claimed as CBI.

Confidential data submitted to this Agency is handled in accordance with
the provisions of the FIFRA Confidential Business Information (CBI)
security manual.  This manual contains instructions relative to
confidential documents, specifically: physical security measures; CBI
copying and destruction procedures; transfer of CBI materials within EPA
to contractors or to other government offices; computer security; CBI
typing procedures; and internal office procedures.  The manual dictates
that all CBI must be marked or flagged as such, only authorized Agency
personnel may be permitted access to CBI, all CBI must be kept in secure
(double-locked) areas, and all CBI for destruction must be cleared by a
Document Control Officer.

3(g) Sensitive Questions.

Not applicable.  No information of a sensitive or private nature is
requested in the information collection activity.  

4. The Respondents and Information Collected.

4(a) Respondents/North American Industry Classification System (NAICS)
Codes.

The majority of respondents fall under 325300, Pesticide, Fertilizer,
and other Agricultural Chemical Manufacturing.  Other business and
institutions participating include Agriculture, Forestry, Fishing and
Hunting, Sector 11 and Wholesale Trade, Sector 42.

4(b) Information Requested.

(i) Data items

All data in this ICR that is recorded and reported is required by FIFRA
Sections 3, 7, and 17, and 19 CFR Part 12. 

Provide notification of: 

 name and complete address of broker or agent (19 CFR 12.112)

name and complete address of importer or consignee (19 CFR 12.112)

name and address of shipper (19 CFR 12.112)

EPA registration number (19 CFR 12.111 and FIFRA Sec. 3)

EPA producer establishment number (19 CFR 12.112 and FIFRA Sec. 7)

brand name of product (19 CFR 12.112 and FIFRA Sec. 17(c))

major active ingredients and percentage of each (19 CFR 12.112 and FIFRA
Sec.17(c))

unit size, quantity, total net weight (19 CFR 12.112 and FIFRA Sec.
17(c))

country of origin (19 CFR 12.112)

port of entry, entry number, entry date (19 CFR 12.113)

carrier (19 CFR 12.113)

location of goods for examination after importation (19 CFR  12.115)

(ii) Respondent Activities

Read instructions reverse side of Form 3540-1

Plan activities-CBP

Gather information-CBP

Enter information on form and submit to EPA and Customs and Border
Protection

Plan and review information for accuracy-CBP

Store, file, and maintain the information-CBP

CBP-"Customary and Usual Business Practice."  During the course of
normal and prudent business operations, a producer would plan his and
his staff’s information collection activities, arrange for the
collection, review himself or have staff review the information for
accuracy, and arrange to maintain or store the information detailed
under 4(b) above.  The Information to be kept is generally information
that prudent businesses would maintain.

5. The Information Collected-Agency Activities, Collection Methodology,
and Information Management.

5(a) Agency Activities

The Agency regional personnel review the NOA’s for accuracy and
completeness of the submitted information and maintain files of the NOA
for inspection and targeting.

5(b) Collection Methodology and Management

The information collected is produced by all importers as part of
Customary Business Practices, as described above.  This collection
request concerns the entry and submission of this information using the
form 3540-1.

  

This information is entered once onto the paper form, signed, and
submitted to EPA.  The EPA-reviewed and signed form returned to the
importer becomes a shipping document that will accompany the shipment up
to its arrival at the U.S. port of entry.  Customs and Border Protection
inspectors compare the paper copy with the physical shipment to
determine that the shipment conforms to the information on the form.

EPA is currently working on an interagency initiative known as the
International Trade Data System (ITDS).  The goal of ITDS is to make the
Federal government’s compliance monitoring of international trade
through the collection of data less burdensome and more efficient by
integrating and automating the government-wide collection, use, and
dissemination of international trade data.  Under the ITDS concept,
agencies harmonize their data requirements, eliminating redundancies and
minor definitional differences.

ITDS is not a separate computer system; it is the authorizing feature of
the Automated Commercial Environment (ACE), the new system for
processing imports and exports that is being built by U.S. Customs and
Border Protection.  EPA is currently working with Customs and Border
Protection to integrate the Agency’s six import regulatory programs,
including the current process for notification of arrival of pesticides
and devices into the ACE system, so that in the future the notice of
arrival process will be done electronically and almost instantaneously
between importers, EPA, and Customs and Border Protection. 

5(c) Small Entity Flexibility

The burden is minimal and affects all importers.  It cannot be reduced
and still meet requirements. The information collection does not
disproportionately impact small businesses, since the information
requests is gathered during "customary and usual business activity."

5(d) Collection Schedule

A Notice of Arrival submission is required on each occasion that a
pesticide shipment is brought into the country.

6. Estimating the Burden and Cost of the Collection.

6(a) Estimating Respondent Burden

The average annual burden to industry per response is estimated to be
0.3 hours, and the total number of annual responses is estimated at
25,000.    The total annual hourly burden is therefore estimated to be
7500 hours.

6(b) Estimating Respondent Costs

Estimating Labor Costs 

  SEQ CHAPTER \h \r 1 Since the regulation and associated information
collection has a minor economic impact on respondents, a regulatory
impact analysis was not conducted. This ICR uses estimates of labor
rates and associated costs based on Department of Commerce Bureau of
Labor Statistics estimates.  Specifically this ICR uses the May 2007
National Industry-Specific Occupational Employment and Wage Estimates
for the industry NAICS codes 325300.  After adjusting for inflation
using the CPI inflation calculator on the Bureau of Labor and Statistics
website, the mean hourly wage rates for NAICS code 325300 were:
management, $48.61; sales and related support, $29.71; and clerical
(administrative), $16.27.  A factor of 1.16 was added to adjust for
benefit costs, with respective total wage costs of $107.57, $65.75, and
$36.01.

Annual Costs:

(a) Management	

1000	

hours X	

107.57	

=	

$107,570



(b) Technical	

2750	

hours  X	

65.75	

=	

$180,812.5



(c) Clerical	

3750	

hours  X	

36.01	

=	

$135,037.5



	

	

	

	

	

$423,420



The paperwork burden estimates represent the average costs. Some
respondents will spend less effort and others with several pesticides or
products will have more complicated requirements and spend more time
than the average estimated.

(ii) Estimating Capital and Operations and Maintenance Costs.

Not applicable. All costs associated with this collection are addressed
in items 12 and 14 of this statement.

(iii) Capital Start-up vs. Operating and Maintenance Costs

Not applicable.

6(c) Estimating Agency Burden and Cost

The computations of the estimated annual cost to the Government for this
activity are given below.  The cost to the government is based on 890
workdays (about 3.57 workyears) to review and process forms, at an
average of GS-13 step 1 grade, plus 10.5% overhead costs.  Personnel
costs are for both EPA and Customs and Border Protection employees. 
Other direct costs are limited to printing costs for instructions and
reporting forms, and are for EPA only.

Annual

salary rate   x	

work years =	

total salary	

	

	





$86,927	

3.57	

$310,329	

	

	





Total salary  +	

10.5% Ovh +	

Direct costs* =	

Total cost	

	





$310,329	

$32,585	

$60,947	

$403,861	

	



	

*The previous ICR included direct costs of $56,034.  This amount was
adjusted for inflation in this ICR to arrive at a new direct cost of
$60,947.

6(d) Estimating the Respondent Universe and Total Burden and Costs

The total number of respondents subject to 19 CFR 12.110-117 is 25,000. 
 The total annual labor costs are $423,420  and the total annual capital
and O & M costs to the regulated entity are $0 dollars.  Details on
which this estimate is based appear in the table below.

6(e) Bottom Line Burden Hours and Cost Tables

Table 1:	Average annual EPA Resource Requirement for Pesticide Imports

       Activity	              (A)EPA*            (B)Occurrences      (C)
EPA hrs/yr           (D) Cost

Review NOA and return to broker or agent	

3.57 workyears	

 25000	

 7500	

 $403,861



*EPA: 1 workyear (250 workdays) and 1 person at GS 13 step 1 grade plus
10.5% overhead costs.

Table 2:	Annual Burden of Reporting and Recordkeeping  Requirements for 
                       Pesticide Importers 

	

	BURDEN HOURS (per year)	

	TOTAL



COLLECTION ACTIVITIES	

   Mgmt.           $107.57/hr	

   Tech.

   $65.75/hr	

  Cler.

  $36.01/hr	

	Hours	

	Costs



A) Read or hear any 

   instructions	

750	

500	

0 	

  =SUM(LEFT)  1250 	

$113,552.5



B) Plan Activities	

0	

0	

0	

0	

$0



C) Create information	

0	

0	

0	

0	

$0



D) Gather information	

0	

0	

0	

0	

$0



E) Process, compile, review information for accuracy	

250	

1000	

0	

  =SUM(left)  1250 	

   $92,642.5



F) Complete written forms	

0	

1250	

1250	

  =SUM(left)  2500 	

   $127,200



G) Record, disclose, or

   display information	

0	

0	

1250	

  =SUM(left)  1250 	

   $45,012.5



9) Store, file, or maintain information	

0	

0	

1250	

  =SUM(left)  1250 	

   $45,012.5



TOTAL BURDEN	

   =SUM(ABOVE)  1000                   	

     =SUM(ABOVE)  2750   

	

   =SUM(ABOVE)  3750         	

     =SUM(ABOVE)  7500 

	

 $423,420

   

6(f) Reasons for Change in Burden.

There were no program changes affecting this ICR.  However, the
calculated labor costs were adjusted to reflect inflation and current
salaries. 

6(g) Burden Statement

The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 0.3 hours per
response.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency.  This includes the time
needed to: review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to comply
with any previously applicable instructions and requirements; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.   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 are
listed in 40 CFR part 9 and 48 CFR chapter 15. 

 

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OECA-2008-0809, which is available for public viewing at the
Enforcement and Compliance Docket and Information Center in the EPA
Docket Center (EPA/DC), EPA West, Room 3304, 1301 Constitution Ave., NW,
Washington, DC.  The EPA Docket Center Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
 The telephone number for the Reading Room is (202) 566-1744, and the
telephone number for the Enforcement and Compliance Docket and
Information Center is (202) 566-1752.  An electronic version of the
public docket is available at   HYPERLINK "http://www.regulations.gov" 
www.regulations.gov .  Use   HYPERLINK "http://www.regulations.gov" 
www.regulations.gov  to submit or view public comments, access the index
listing of the contents of the public docket, and to access documents in
the public docket that are available electronically.  Once in the
system, input the docket ID number identified above into the
“search” box. 

B.   COLLECTIONS OF INFORMATION REQUIRING STATISTICAL METHODS.

Not applicable.                                 

      

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