0152.13 Attachment D

Attachment D
Summary Consultation for OPP ICR: Notice of Arrival of Pesticides and Devices
(OMB No. 2070-0020, EPA No. 0152.13)
Overview
Under 5 CFR §1320.8(d)(1), agencies are required to consult with respondents about specific
aspects of information collection before submitting approval requests to OMB. In accordance
with this regulation, EPA is contacting representatives from a cross section of stakeholders to
seek feedback on the burden estimates in this ICR, and on the clarity of the information
collection process.
Questions and Responses
(1)

Publicly Available Data
•

Is the data that the Agency seeks available from any public source, or already collected
by another office at EPA or by another agency?

No comments provided
•

If yes, list the specific data available from other public sources and where the data can be
found. [Note: Consider before you respond whether your answer indicates a true
duplication, or does your answer indicate that certain data elements are available but that
they don’t meet EPA’s data needs very well.]

N/A
•

Do understand the new edits for EPA Form 3540-1?

No comments provided
(2)

Frequency of Collection
•

Can the Agency collect the information less frequently and still produce the same
outcome?

No comments provided
(3)

Clarity of Instructions
The ICR is intended to require that respondents provide certain data so that the Agency can
utilize them.
•

Based on the instructions (regulations, PR Notices, publications such as tip sheets and
other guidance documents posted on EPA’s and other government (i.e., CBP) websites, is

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it clear what you are required to do and how to submit such data? If not, what suggestions
do you have to clarify the instructions?
The guidance is sufficient except there is a lack of central written guidance on importing smallscale samples for research purposes.
•

Do you understand that you are required to maintain records per 40 CFR 169 and 19 CFR
Part 163? Are the requirements in place clear and logical?

The requirements are clear.
(4)

Electronic Reporting and Recordkeeping
The Government Paperwork Elimination Act requires agencies make available to the public
electronic reporting alternatives to paper-based submissions by 2003, unless there is a strong
reason for not doing so. Information in the NOA that is claimed as confidential, cannot be
released to the public except in accordance with EPA confidentiality regulations at 40 CFR
part 2, subpart B. Only certain information such as names and complete addresses, along
with unit size, quantity, total net weight, country of origin, port of entry, entry number, and
anticipated entry date) may be claimed as FIFRA CBI.

Electronic Reporting
CBP regulations at 19 CFR 12.112, require that an importer or the importer’s agent desiring
to import pesticides into the United States shall, prior to arrival of the shipment in the United
States, submit a NOA of Pesticides and Devices on EPA Form 3540-1. In the alternative, the
importer or the importer’s agent may file the Notice of Arrival electronically, with the filing
of the entry documentation, via any CBP-authorized electronic interchange system. ACE
then completes a series of automatic checks to determine if there are problems with the
information submitted and will issue electronic notifications to the importer. A successful
filing (using what is known as the Partner Government Agency (PGA) PGA Message Set)
will generate a “may proceed” indicating the filing passed the automatic checks in ACE,
thereby minimizing the review time by EPA.
•

Do you currently file the EPA NOA electronically through ACE? If not, why not? What
obstacles, if any, are preventing you from filing electronically?

We support clients with the import of samples for research, for which it is not always possible to
file electronically. Some clients do not yet have a customs broker to facilitate this. Without a
customs broker we do not have access to ACE and information must be supplied minimally via
email to the appropriate Region or via hard copy mailing.
Recordkeeping
•

How are your records managed (e.g., filed and maintained) and stored? Are the records
kept electronically and/or by paper?

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No comments provided
•

Much of the information that is stored electronically can be readily retrieved and does not
have to be re-entered. Do you leverage this stored information on recurring filings for the
same commodity? If so, how much time do you estimate you save?

No comments provided
(5)

Burden and Costs of Collection
The labor rates provided in this information collection are a U.S. average that include costs
for overhead and benefits.
•

Does the estimated burden and costs reflect the amount time and costs to complete a
paper or an electronic filing to answer an entry line item? Specifically, does the estimate
reflect the time and cost for the following collection activities?




For paper filings (complete written paper form), time and cost associated with:
• Processing;
• Compiling; and
• Reviewing information for accuracy
For electronic filings, time and cost associated with:
• Processing;
• Recording;
• Disclosing/displaying information

We are concerned that the estimates underestimate the burden.
•

If not, please provide your estimated burden and cost with an explanation of how you
arrived at your estimation of labor and costs different than EPA’s estimate. Bear in mind
that the burden and cost estimates include only burden hours and costs associated with
the paperwork involved with this ICR (e.g., the ICR does not include estimated burden
hours and costs for conducting studies), are the estimated burden hours and labor rates
accurate? If you provide burden and cost estimates that are substantially different from
EPA’s, please provide an explanation of how you arrived at your estimates. Include in
your explanation any other costs you believe should have been accounted for that may
have been missed?

The estimation for companies with limited or no experience with importation requires a greater
time to collect the information regarding the shipment quantities, carriers and locations, expected
date of entry and coordination with the customs broker takes longer than the estimates provided
in the table below. The time to further clarify intent of entry with a Region to complete the entry
particularly for import of samples for research adds to the time to process in its entirety. For
those entries of samples, a label must be prepared to meet the requirements of the 40 CFR, as
well as letter describing the intended testing to take place. Please see revised estimates of time
below.
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•

The Agency assumes there is no capital cost associated with this activity. Is that correct?
If not, please explain.

No comments provided
•

Are there other costs that should be accounted for that may have been missed?

No additional costs beyond the additions provided below
— Respondent Burden and Cost per Response: Registered Pesticides and Pesticidal Devices
Collection Activities

Management
(hours)1

Clerical
(hours)1

Total
(hours)

Cost
($)

5.20
24.00

$47.95/hr

0.01

$75.21/hr
0.05
0.30

-

0.06
0.31

Plan activities

-

-

-

-

0.00

Create information
Gather information, including label
and supporting information (both
mandatory and
recommended/voluntary information)
Process, compile, review information
for accuracy

-

-

-

-

0.00

0.03
0.30

0.04

0.05
0.80
0.07
0.7
0.08
0.38

2.94
51.99
6.64
17.92
4.93
24.48

Read or hear any instructions

$143.80/hr

Technical
(hours)1

Complete written forms
Record, disclose, or display
information

-

0.02
0.50
0.05
0.2
0.04
0.30

-

-

0.07

0.07

3.36

Store, file, or maintain information

-

0.16
1.30

0.07
0.21
0.51

0.07
0.40
1.81

3.36
$26.42
125.11

TOTAL BURDEN2

0.02

0.03

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