Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal)

Forms and Documents

Document Name	Status
Form 3540-16 Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) Form	Modified
Form 3540-8 Application for Registration of Pesticide-Producing and Device-Producing Establishments ((EPA Form 3540-8) Form	Modified
Part 167.pdf Supplementary Document	2019-11-20
0160ss12.docx Supporting Statement A	2019-11-20

IC Document Collections

IC ID	Document Title	Status
24932	Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16) Form	Modified
186641	Application for Registration of Pesticide-Producing and Device-Producing Establishments ((EPA Form 3540-8) Form	Modified

ICR Details

OMB Control No: 2070-0078	ICR Reference No: 201911-2070-004
Status: Active	Previous ICR Reference No: 201601-2070-002
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 0160.12
Title: Pesticide Establishment Application, Notification of Registration, and Pesticide Production Reports for Pesticide-Producing and Device-Producing Establishments (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/10/2020
	Date Received in OIRA: 11/26/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	09/30/2023	36 Months From Approved	09/30/2020
Responses	15,878	0	15,430
Time Burden (Hours)	27,136	0	24,079
Cost Burden (Dollars)	0	0	0

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Abstract: FIFRA Section 7(a) requires that any person who produces pesticides or pesticide devices subject to the Act must register with the Administrator of EPA the establishment in which the pesticide or the device is produced. EPA Form 3540-8, Application for Registration of Pesticide-Producing and Device-Producing Establishments, is used to collect the establishment registration information required by this Section. FIFRA Section 7(c) requires that any producer operating an establishment registered under Section 7 report to the Administrator within 30 days after it is registered, and annually thereafter by March 1st for certain pesticide/device production and sales/distribution information. The producers must report which types and amounts of pesticides, active ingredients, or devices are currently being produced, were produced during the past year, and sold or distributed in the past year. EPA Form 3540-16, Pesticide Report for Pesticide-Producing and Device-Producing Establishments, is used to collect the pesticide production information required by Section 7(c) of FIFRA.

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Authorizing Statute(s): US Code: 7 USC 136 Name of Law: Federal Insecticide, Fungicide and Rodenticide Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 19785	05/06/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 65152	11/26/2019
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Pesticide Report for Pesticide-Producing and Device-Producing Establishments (EPA Form 3540-16)	3540-16	Pesticide Report for Pesticide-Producing and Device-Producing Establishments
Application for Registration of Pesticide-Producing and Device-Producing Establishments ((EPA Form 3540-8)	3540-8	Application for Registration of Pesticide-Producing and Device-Producing Establishment

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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	15,878	15,430	0	0	448	0
Annual Time Burden (Hours)	27,136	24,079	0	0	3,057	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: There is an increase of 3,056.36 hours in burden due to the wholesale reassessment of the burden covered by this ICR based on to the option of electronic submission, which began in 2016. Some adjustments resulted from corrections of clerical or computational errors in the previous ICR renewal supporting statement. All other adjustments to the burden estimates resulted from (1) adjustments in the salary computation for industry to reflect current wage scales, (2) adjustments for inflation, (3) adjustment to the number of respondents, and (4) adjustments based on differences in submitting information through the paper form or the eReporting system.

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Annual Cost to Federal Government: $853,801

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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Common Form ICR:  No

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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: 11/26/2019

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