March 29 , 2016

Page 1 of 15 SUPPORTING STATEMENT ENVIRONMENTAL PROTECTION AGENCY **NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES (EPA Form 3540**  **- 1)**  19 CFR 12.110
- 117 **1. Identification of the Information Collection 1(a) Title of the Information Collection**  TITLE: Notice of Arrival of Pesticides and Devices under section 17(c) of FIFRA
. OMB No. 2070
- 0020 EPA No. 0152.1 1 **1(b) Short Characterization/Abstract** The U.S. Customs and Border Protection (Customs ) 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 in the United States, submit a Notice of Arrival (NOA) of Pesticides and Devices (EPA Form 3540
- 1 or Form 3540
- 1) to the U.S. Environmental Protection Agency (EPA or Agency). Once EPA receives the NOA, EPA will determine the disposition of the shipment. Upon completing its review , the EPA response is sent to the importer of record (importer) or licensed customs broker (broker) , who must present the NOA to C ustoms 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 under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) section 17(c), and that EPA has the ability to examine such shipments to determine compliance with FIFRA
. The NOA requires the identification and address information of parties involved in the importation of the pesticide or device and information on the identity of the imported pesticide or device shipment. When the NOA is submitted to the EPA region al office having jurisdiction over the state or territory in which the port of entry is located, EPA enforcement personnel will determine whether the shipment should be released for entry upon arrival , detained for examination , or refused admission into the United States
. The responsible EPA official returns the NOA to the importer or broker with EPA instructions to C ustom s as to the disposition of the shipment. Upon the arrival of the shipment, the importer or broker must present the completed NOA to the C ustoms and Border Protection’s port of entry
. The entry information for each shipment will be handled with the NOA and Customs notifies the EPA regional office of any discrepancies, which EPA will resolve with the importer or broker . If there are no discrepancies, C ustoms follows instructions regarding release, detention, or refusal. If there are discrepancies, the shipm ent may be detained until cleared for release , or retained for examination. I f 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. During this renewal of this information collection, EPA is also capturing the burden of providing the label and other supporting documentation that is currentl y submitted by most importers to the Agency as part of an existing voluntary practice
. EPA has found that questions about a shipment can often be resolved if the label or other supporting documentation accompanies the NOA prior to the arrival of the shipment in the United S tates .March 29 , 2016

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Respondents subject to this information collection include all importers of pesticides and pesticidal 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 C ustoms to fulfill its statutory obligation under FIFRA section 17(c) to notify the EPA of the arrival of pesticides and pesticidal devices in the United States. An NOA must be submitted for all imported pesticides and pesticidal devices , including but not limited to those pesticides that are registered under section 3 of FIFRA and to those that may be transferred, sold, or distributed without registration pursuant to 40 CFR 152.30 , such as pesticides for which an Experimental Use Permit has been granted under section 5 of FIFRA, and pesticides for which an Exemption has been granted under sections 18 or 25(b) of FIFRA. This notification allows EPA to determine whether import ed pesticidal devices and registered and unregistered pesticides comply with FIFRA . The information permits EPA to stop suspended, cancelled, misbranded, contaminated, or otherwise violative products from being imported into the country, track those that do enter, and minimize any adverse human health or environmental impact that might arise from the importation of violative products. If EPA did not collect this information, C ustoms and 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 compliance and enforcement staff, the Office of Enforcement and Compliance Assurance (OECA), and the Office of Pesticides Programs (OPP) to monitor and assure compliance with FIFRA. C ustoms uses this information to ensure pesticide and pesticidal device products admitted to the U.S. have been reviewed by EPA for compliance. The absence of an accompanyingNOA is, under C ustoms regulations, grounds for refusal of entry into the United S tates. **3. Non -** **Duplication, Consultations, and other Criteria. 3(a) Non Duplication**  Some of the information collected on EPA's Notice of Arrival is identical or similar to information collected on Customs ' entry notice form (Form 34 61, OMB Control Number 1651
- 0024 ) or entry summary fo r

m ( Form 7501 , OMB Control Number 1651
- 0022 )
. In addition, in order to expedite the processing of shipments of pesticides and pesticidal devices when the NOA Form is filed , EPA recommends the importer submits a copy of either the entry

notice or entry

summary , or other information submitted to Customs pursuant to 19 CFR 142.3(5). This supporting documentation allows EPA to validate the information provided on Form 3540
- 1. The information on entry forms is currently collected electronically

via Customs ABI/ACS. Filers would plan for and gather the information submitted on Form 35 4 0
- 1 as part of customary business practice s . To avoid double counting of burden hours, EPA only

accounts for the additional time to ent er the information and submit the form. C ustoms entry

forms cannot substitute for the submission of EPA's notice of arrival because the entry forms are not required to be completed prior to the arrival of the shipment and hence do not meet the requirements of FIFRA section 17(c). Entry may be made up to 15 days after a pesticide or pesticidalMarch 29 , 2016

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device arrives in the U.S. and the entry forms does not contain al l of the information required in a Notice of Arrival. The information in a Notice of Arrival is necessary for EPA to determine the disposition of a shipment upon its arrival in the U.S. As discussed in Section 5(b) , EPA is currently participating in the Automated Commercial Environment (ACE)/ International Trade Data S ys tem (ITDS) project. When ACE becomes fully functional (b y December 2016) , it will allow for the electronic collection of the information in the N o tice of Arrival
. EPA is currentl y undertaking rulemaking to facilitate the electronic submission of Notice of Arrival information
. This renewal document only identifies those burdens associated with the current collection activities and forms, and will be revised once ACE is fully functional to take into consideration those changes. **3(b) Public Notice Required Prior to ICR Submission to OMB**  As part of the renewal process, EPA will publish a notice in the Federal Register prior to submitting the ICR to OMB. Pursuant to 5 CFR 1320.8(d), any public comments received will be placed in the EPA docket, EPA
- HQ
- OPP
- 2016
- 0122 , for this action. **3(c) Consultations** The Agency

will consult with stakeholders who actively interact with the Agency through the use of this collection instrument and will solicit stakeholder assessment of the regulatory burden estimates expressed by

the Agency

in this ICR. A record of the consultations will be placed in the EPA docket for this action **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 Guid elines**  The only PRA
- imposed guideline in 5 CFR 1320.6 that is exceeded in this collection is the recordkeeping retention period. Any record required to be made, kept, and rendered for examination and inspection by

Customs under 19 CFR 163.2 shall be kept for 5 years. **3(f) Confidentiality** If information on Form 3540
- 1 is declared sensitive or confidential, it cannot be released to the public. Certain information on Form 3540
- 1 (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 Confidential Business Information (CBI). Other information ( EPA Registration Number and Producer Establishment Number, the brand name of product, and active ingredients and percentages of each ) may not be claimed as CBI pursuant to FIFRA section 7(d) and labeling requirements for pesticides/ pesticidal devices at 40 CFR § 156.10. Confidential data submitted to EPA is handled in accordance with the provisions of the FIFRA CBI security

manual . Th is manual contains instructions to physical security measures; CBI copying andMarch 29 , 2016

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destruction procedures; transfer of CBI materials within EPA to contractors or to other government offices; computer security; CBI ty ping 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 CBImarked for destruction must be cleared b y a Do cument 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 Indu**  **stry Classification System (NAICS) Codes.** Respondents to this information collection are pesticide importers, which includes many typ es 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 (NAI CS 921110). Other business and institutions that import pesticides include Agriculture, Forestry , Fishing and Hunting (Sector 11), Wholesale Trade , (Sector 42). The majority

of responses come from businesses that fall under NAICS code 325300. **4(b) Information Requested (i) Data items, including record keeping requirements**  The data items that must be submitted for registered pesticides, unregistered pesticides and, pesticidal devices are the same, except where indicated below.
**a. Required**  **data items.** All data in this ICR that is recorded and reported is required b y FIFRA Sections 3, 7, and 17, and 19 CFR Part 12. Provide notification of:  N ame , complete address , phone number, and email address of broker or agent (19 CFR 12.112)  name , complete address , phone number, and email address of importer or consignee (19 CFR 12.112)  name , address , phone number, and email 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))  active ingredients and percentage of each (19 CFR 12.112 and FIFRA Sec.17(c))  unit size, quantity, and total net weight (19 CFR 12.112 and FIFRA Sec. 17(c))  country

of origin (19 C FR 12.112)  port of entry , entry

number, anticipated entry date (19 CFR 12.113)  name, complete address, phone number, and email address of the carrier (19 CFR 12.113)March 29 , 2016

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 location of good for examination after importation (19 CFR 12.115) **b. Recommended** **/voluntary data items**  In addition to the required data items identified in section 4(b)(i)(a), EPA recommends that the following data items be included on EPA Form 3540
- 1 under this information collection:  Any additional information , including the intended use and a description of why the product is being imported into the United States (Box 18 on EPA Form 3540
- 1) or information in the remarks (Box 19)
. EPA recommends that importers of unregistered pesticides complete Box 18. Providing this information will expedite EPA’s review of the N otice of Arrival.  A cop y of the product label that is affixed to the imported pesticidal device and pesticide product as part of the standard NOA package. The label allows EPA to verify compliance with FIFRA labeling requirements and may help to resolve issues with a shipment. The label also communicates information that may help Customs Officers take appropriate precautionary

measures when handling these shipments at the port. This recommendation is accounting for current practice.  S upporting documentation, such as a material safety data sheet s , Customs forms 7501 or 3461 other information submitted to Customs pursuant to 19 CFR 142.3(5) , that may assist EPA in evaluating the shipment. The Customs entry forms allow EPA to verify that the information submitted on an NOA is accurate. The MSDS provides EPA inspectors with information about the proper handling of the shipment when an inspecti on is required. This recommendation is accounting for current practice. **(ii) Respondent Activities**

 Read instructions on reverse side of Form 3540
- 1  Plan activities
- CBP  Gather information  Enter information on Form 3540
- 1 and submit Form, including the label, to EPA prior to arrival of pesticide or pesticidal device product  Respond to questions if further inquiries are made by EPA  Submit Form 3540
- 1 , after it is reviewed and signed by EPA, to Customs and Border Protection  Plan and review information for accuracy  Store, file, and maintain the information C BP means ” Customary

and Usual Business Practice ; " d uring the course of normal and prudent business operations, a respondent would plan activities for this information collection , arrange for the col lection, review the information for accuracy , and arrange to maintain or store the information detailed under 4(b) above. The Information to be kept is generall y information that prudent businesses would maintain. **5. The Information Collected -**  **Agency Activities, Collection Methodology, and Information**  **Management**
. **5(a) Agency Activities** EPA regional personnel review Form 3540
- 1 for accuracy and completeness of the submittedMarch 29 , 2016

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information and maintain files of the NOA for inspection and targeting. If all information is complete and accurate, the Agency reviewer signs and returns the form to the importer. An incomplete NOA may require additional follow
- up in order to determine the disposition of the pesticide or pesticidal device shipment. EPA regional personnel also work with Customs agents at the port of entry to resolve discrepancies between information submitted on Form 3540
- 1 and Customs entry documents. **5(b) Collecti on Methodology and Management**  The information collected is produced b y all importers as part of Custo mary and Usual Business Practice, as described above. This collection request concerns the entry and submission of this information using the Form 3540
- 1
. The currentl y approved version of EPA Form 35 4 01
- 1 is included in the docket for this action. NOA information is entered once onto Form 35 4 0
- 1 , signed, and submitted to EPA. Form 35 4 0
- 1 i s reviewed b y EPA , and, if approved, s i gned by the EPA reviewer. The form is then returned to the importer for submission as a shipping document to accompany the shipment upon its arrival at the U.S. port of entry
. Customs inspectors compare Form 3540
- 1 with entry documents for the shipment of pesticides or pesticidal devices and notify the Administrator of any discrepancies. EPA is currentl y participating in 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 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 with Customs , thereb y eliminating redundancies and minor definitional differences. IT DS is the organizational framework for Customs and more than 40 participating government agencies to integrate import requirements into a modernized, upgraded Automated Commercial Environment (A CE ) , which is being designed by Customs to process imports and exports. EPA is currentl y wo rking with Customs to integrate into the ACE system the Agency’s six import regulatory programs, including the current process for notification of arrival of pesticides and pesticidal devices , by the end of 2016 . In the future, EPA anticipates that most importers will submit the notice of arrival electronically

in the ACE system , and that the notice of arrival process will be done electronicall y and almost instantaneously among importers, EPA, and Customs for most shipments of pesticides or pesticidal devic es . **5(c) Small Entity Flexibility** The burden of this information collection is minimal and affects all importers. It cannot be reduced and still meet requirements outlined in Section 2(a) . The information collection does not disproportionately

impact small businesses, because the information requested is gathered during "customary and usual business practic e s ." **5(d) Collection Schedule** A Notice of Arrival submission is required on each occasion that a pesticide or pesticidal device shipment arrives for entry in the United States
.March 29 , 2016

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**6. Estimating the Burden and Cost of the Collection. 6(**  **a ) Estimating Respondent Burden**  In calculating the respondent burden, EPA estimates that , on average, importers will submit 3 8 ,000 responses to this information collection annually during this renewal ICR. This estimate is based on a projected increase in the number of NOAs EPA receives
. For the last renewal, EPA estimated the annual number of responses at 3 5,000. EPA received approximately 36,000 NOAs in 201 3 , 39,000 in 201 4 , and 38,000 in 201 5. If this trend continues, EPA anticipates that over the next three years, EPA will receive, on average, 3 8 , 000 NOAs annuall y. This indicates an increase of about 3,000 additional NOAs received per ye ar since the last renewal
. On average, the burden associated with this information collection activity is approximately 0.43 hours (26 minutes) per response. This estimate is based on an average response time across all response ty pes. The response time includes an estimated average of 4 minutes of managerial time, 9 minutes of technical time and 13 minutes of clerical time, which is broken down approximately as follows:

 4 managerial and technical minutes to read and hear any instructions.  4 minutes of technical and clerical time to gather infor mation, including the label or supporting information.  5 managerial and technical minutes to process compile and review information.  5 technical and clerical minutes to complete the form and attach the label.  4 clerical minutes to mail the form.  4 clerical minutes to file the form and supporting information. Because EPA recommends that importers of unregistered pesticides voluntarily su ppl y information about the intended use and an explanation of why the product is being imported, the responses types have been divided into two ty pes. The number of respondents expected for each response type is based on the number of each type of response , exhibited in Table 1
. **Table 1: Number of Responses by Type Type of Response**  **Number of Responses**  **Percent of**

**Total (%)**  **Burden**

**Hours per Response**  Registered Pesticides and Pesticidal Devices 26,600 70 0.40 Unregistered Pesticides 11,400 30 0.50 As discussed above, importers must submit EPA Form 35 4 0
- 1 prior to the arrival in the United States of a shipment of a pesticide or pesticidal device. In estimating the burden per response, EPA assumes that all importers will include a cop y of the product label as part of current practice and will voluntarily

submit other supporting documents to EPA with Form 35 4 0
- 1. In addition, EPA assumes importers of unregistered pesticides will voluntarily provide information regarding the intended use of the product, as well as a description of why the product is being imported.March 29 , 2016

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EPA estimates it will take respondents submitting a NOA for a registered pesticide or pesticidal device product 0.4 0 hours per response to read instructions, complete form, and submit information to EPA and Customs, for a total of 10 , 640 hours annuall y. Respondents submitting a NOA for unregistered pesticides will require 0.5 0 hours for these activities, or 5 , 700 hours annually . The annual burden hours per response ty

pe are found by

multiplyin g the annual number of responses per response ty pe time s the burden per response. The paperwork burden estimates represent the average costs. Some respondents will spend less time and others more time than the average estimated. The total estimated respondent burden to comply

with this information collection is 1 6 , 340 hours annually
. **6 (b) Estimating**  **Respondent Costs**  The methodology

for calculating the wage rates in this renewal of the IC R has been updated to be consistent with the method for wage calculation for all ICRs managed b y the Office of Pesticide Programs (OPP). The current wage estimates are based on latest wage data , 2014 data accessed online in 2016 . The calculation of the wage rate uses base wage data for each sector and labor type for an Unloaded wage rate (hourly wage rate) and calculates the Loaded wage rate (unloaded wage rate + benefits) and the Fully loaded wage rate (loaded wage rate + overhead) based on that data. Full y loaded wage rates are used to calculate respondent and Agency costs. Unloaded Wage Rate: Wages are estimated for labor ty pes (management, technical, and clerical) within app licable sectors. The Agency uses average wage data for the relevant sectors available in the National Industry
- Specific Occupational Employ ment and Wage Estimates from the Bureau of Labor Statistics (BLS) ( see http://www.bls.gov/oes/current/oes_nat.htm). Sectors: The specific North American Industry Classification System (NAICS) code and website for each sector is included in that sector’s wage rate table in Attachment D. Within each sector, the wage data are provided by Standard Occupational Classification (SOC). The SOC system is used by federal statistical agencies to classify workers into occupational categories for the purpose of collecting, calculating, or disseminating data (see http://www.bls.gov/oes/current/oes_stru.htm) Loaded W

age Rate : Unl ess stated otherwise, all benefits represent 4 6 % of unloaded wage rates, based on average rate of benefits for all civilian non
- farm workers (see http://www.bls.gov/news.release/ecec.t01.htm). Fully Loaded W

age Rate: OPP multiplies the loaded wage rate b y 50% (EPA guidelines 20
- 70%) to get overhead costs. Since the majority of NOAs are submitted by firms in NAI CS code 325300 (Pesticide and Other Agricultural Chemical Manufacturing), hourly wage rates for this sector were used to calculate respondent burden. The full y loaded hourly wage rates for management, technical, and clerical occupations for NAI CS 32 5300 are $12 4
. 0 2, $ 73
. 37 , and $ 41.70 , respectivel y. See Attachment C for labor wage calculations. Table 2 show s the estimated respondent burden and cost for submitting EPA Form 3540
- 1 , including a label and other supporting documents , for registered pesticide and pesticidal devices
. For these products , EPA estimates the burden per response to be 0.4 0 hours.March 29 , 2016

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**Table 2**  **: Respondent Burden and Cost**  **p er Response**  **: Registered Pesticides and**  **Pesticidal Devices**  **Collection Activities Managem**  **ent (hours)**  **1 Technical** 

**(hours) 1**  **Clerical**

**(hours) 1**  **Total**

**(hours) Cost** 

**($)** $124.02 /hr $73.37

/hr $41.70

/hr Read or hear any instructions 0.01 0.05
- 0.06 4.91 Plan activities
- - - - 0.00 Create information
- - - - 0.00 Gather information, including label and supporting information
- 0.02 0.03 0.05 2.72 Process, compile, review information for accuracy 0.02 0.05
- 0.07 6.15 Complete written forms
- 0.04 0.04 0.08 4.60 Record, disclose, or display information
- - 0.07 0.07 2.92 Store, file, or maintain information
- - 0.07 0.07 2.92 **TOTAL BURDEN 2**  **0.03 0.16**  **0.21 0.40**  **$ 24.22**  1 Hourly wages rates are fully loaded wage rates based on NAICS 325300
- Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, 2014 data, Accessed March 2016 . See Attachment C for wage cal culations. 2 Totals may not sum due to rounding. The estimated total annual burden for registered pesticides and pesticidal devices is shown in Table 3. The total annual burden is estimate to be 10 ,640 burden hours, at a cost of $644,161 . The burden and cost per response is multiplied by the number of responses to get total annual respondent burden and cost, respectivel y. **Table 3: Total Annual Respondent Burden and Cost: Registered Pesticides and Pesticidal**  **Devices Information**  **Collection Burden Per** 

**R esponse**  **Cost Per**

**Response Responses** 

**Per Year Annual** 

**Burden Total** 

**Costs** Notice of Arrival for Registered Pesticides and Pesticidal Devices 0.40 hrs $24.22 26,600 10,640 $644,161

Table 4 shows the estimated respondent burden and cost for submitting EPA Form 3540
- 1 , including a label, supporting documents , and intended use information , for unregistered pesticides
. For these responses , EPA estimates the burden per response to be 0. 5 0 hours.March 29 , 2016

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**Table 4**  **: Respondent**  **Burden and Cost p**  **er Response : Unregistered Pesticides**  **Collection Activities Managem**  **ent (hours)**  **1 Technical** 

**(hours) 1**  **Clerical**

**(hours) 1**  **Total**

**(hour) Cost** 

**($)** $124.02 /h r $73.37

/h r $41.70

/h r Read or hear any instructions 0.02 0.05
- 0.07 6.15 Plan activities
- - - - 0.00 Create information
- - - - 0.00 Gather information, including label and supporting information
- 0.03 0.04 0.07 3.87 Process, compile, review information for accuracy 0.02 0.05
- 0.07 6.15 Complete written forms
- 0.04 0.04 0.08 4.60 Record, disclose, or display information
- 0.07 0.07 0.14 8.05 Store, file, or maintain information
- - 0.07 0.07 2.92 **TOTAL BURDEN 2**  0.04 0.24 0.22 **0.50 $**  **31.74** 1 Hourly wages rates are fully loaded wage rates based on NAICS 325300
- Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing from U.S. Dept. of Labor, Bureau of Labor Statistics, 2014 data, Accessed March 2016 . See Attachment C for wage calculations. 2 Totals may not sum due to rounding. The estimated total annual burden for unregistered pesticides is shown in Table 5. The total annual burden for unregistered pesticides and pesticidal devices is estimate to b e 5, 70 0 burden hours, at a cost of $361,874
. **Table 5: Total Annual Respondent Burden and Cost: Unregistered Pesticides**  **Information Collection**  **Burden Per**

**Response Cost Per** 

**Response Responses** 

**Per Year Annual** 

**Burden Total** 

**Costs** Notice of Arrival for Unregistered Pesticides 0.50 hrs $31.74 11,400 5,700 $361,874 **(ii) Other Costs**  EPA acknowledges that delays of shipments resulting from resolution of issues arising in the NOA process may

result in real costs incurred by the importer
. While these costs are not part of the paperwork burden associated with this information collection activity, EPA is providing an estimate of costs that may

arise
. During the last renewal cycle , EPA consulted with 5 importers/brokers and asked them estimate the costs associated with delays due to resolving issues arising in the NOA review process. The respondents provided estimates that include storage, broker fees, container demurrage after free time, and additional freight and storage charges , as follows:March 29 , 2016

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**Table 6: Other Costs Other Costs**  **1 Estimated cost per day**  Storage $264 Broker Fees $106 Container Demurrage $132 Additional Freight $317 During a previous renewal cycle, o ne importer also indicated that there is a market loss of $6,500 per day associated with delays. On average, it takes from one to five days to resolve an issue related to an NOA. EPA has not attempted to confirm these estimates. Inmany instances, if the importer had submitted the NOA prior to the arrival of shipment at the port of entry , issues can be resolved quickly with no associated costs are incurred. EPA estimates that delays occur for less than 5% of all NOA submitted to EPA and that as few as 2.5% to 5% of shipments are held at the port annually due to resolving issues associated with the NOA review. In many instances, if the importer has submitted the NOA prior to the arrival of shipment at the port of entry , issues can be resolved quickl y and there is a little likelihood that delays and associated costs will be incurred. **6(c) Estimating Agency Burden** EPA estimates that , in total , 10 FTEs across EPA regional offices are allocated for processing data submitted under this information collection
. The estimated number of federal government FTEs (full time equivalents) needed to process and review EPA Form 35 4 0
- 1 on an annual basis was increas ed from the previous estimate of 8 to 10 . The number of EPA FTEs was estimated upward to 10 based on input from EPA regional offices and the increase in the number of NOAs received annually in comparison to the previous renewal cycle
. To estimate the Agen cy burden hours for this I CR, the number of FTEs, 10, was multiplied by the number of workday

hours in a year, 2080 hours (52 weeks multiplied by 40hrs/week), to get a total of 20,800 Agency burden hours. **Table 7: Agency Burden Estimate**  Total Burden Hours FTEs (full time equivalents) 10 FTEs Workday hours per FTE 2 , 080 hours Total Workday

Hours Annually **20,800 hours 6(d) Estimating Agency Costs**  The methodology

for calculating the wage rates in this renewal of the IC R has been updated to be consistent with the method for wage calculation for all ICRs managed b y the Office of Pesticide Programs (OPP). The previous I CR used the 2011 annual salary fo r a federal employee at the GS
- 13, Step 1 level ($71,674 annually , or $34/hr, $74/hr when full y loaded). This ICR uses the full y loaded hourly (flh) wage rate for technical staff in the federal government ($77,272, $37/hr , $82/flh) to represent the wage rates for relevant Agency staff
. 1 The prices from the previous ICR were updated using the Consumer Price Index ( CPI )
. Inflation rate based on CPI , All Urban Consumers, U.S. City Average, Series ID: CUSR0000SA0; change from June 20 11 to June 201 5
.March 29 , 2016

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The current wage estimates are based on the most recent 2014 wage data, accessed online in 2016. The calculation of the wage rate uses base wage data for each sector and labor type for an Unloaded wage rate (hourly wage rate) and calculates the Loaded wage rate (unloaded wage rate + benefits) and the Fully loaded wage rate (loaded wage rate + overhead) based on that data. Fully Loaded W

age Rate: OPP multiplies the loaded wage rate b y 50% (EPA guidelines 20
- 70%) to get overhead costs. NAICS code 999100 for the Federal Government was used to calculate hourly wage rates for the Agency . The fully loaded hourly

wage rates for management, technical, and clerical occupations for NAICS 999100 are $124.09, $81.53, and $46.42 , respectivel y. See Attachment C for labor wage calculations. Table 7 sh ows the total cost of federal government labor for processing NOA forms. At a full y loaded annual wage rate of $1 69 , 589 per FTE annually , the total annual cost of 10 .0 FTEs to the federal g overnment is approximately $1. 7 million. **Table 8**  **: Federal Government (Agency) Labor Costs**  **Data Category Value**  Fully L oaded Annual Rate ($/year per FTE) * $169,589 Total EPA FTEs 10 **Total Federal Government Labor Costs $1,695,890**  * For calculation of Fully Loaded Annual Rate from base salary , see Attachment C In addition to labor costs, there are direct costs of printing instructions and reporting forms. In the previous ICR renewal , this cost was estimated at $70,482 . Adjusting for inflation using the Consumer Price Index, the direct cost of processing NOA forms for this I CR renewal is estimated at $74,438
. 2 Updating the number to account for the increase in NOAs, the value for this renewal is $76,352
. Table 9 combines the labor costs and direct costs to the federal government of processing Notice of Arrival forms. The total cost is approximately $1. 8 million per year, assuming an average of 3 8 ,000 Notice of Arrival forms are processed each ye ar. **Table 9**  **: Total**  **Agency Costs**  **Data Category Value**  Total Federal Government L abor Costs $1,695,890 Total Federal Government Direct Costs $76,352 **TOTAL AGENCY COSTS $1,772,242**  **6( e** **) Bottom Line Burden Hours and Cost**  **(i) Respondent Burden** The total annual respondent burden hours for this ICR are estimated at 16,340 hours. The total annual respondent cost for this I CR is estimated to be $1,006,034
. 2 Inflation rate based on Consumer Price Index, All Urban Consumers, U.S. City Average, Series ID: CUSR0000SA0; change from June 20 11 to June 201 5
.March 29 , 2016

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**Table 10**  **: Total**  **Annual Respondent**  **Burden and Costs Information**  **Collection Responses** 

**Per Year Burden Per** 

**Response (hours)**  **Annual**

**Burden (hours)**  **Total**

**Costs** Notice of Arrival for Registered Pesticides and Pesticidal Devices 26,600 0.40 10,640 $644,161 Notice of Arrival for Unregistered Pesticides 11,400 0.50 5,700 $361,874 **Total Annual Respondent Burden 16,340**  **$1,006,034 (ii)**  **Agency Burden** The total annual agency

burden for this IC R is estimated to be 10 FTEs
. With direct costs, this would result in a total annual agency cost of $1,772,242
. **Table 1**  **1 :**  **Total Annual Agency Burden and Costs** In formation Collection Responses Per Year Annual Burden *

(hours ) Total

Costs (L abor plus Direct) **Notice of Arrival 3**  **8 ,**  **000 20**  **, 80**  **0 $1,772,242**  **(iii) Bottom Line Burden and Cost Table**  **1 2**  **: Bottom Line Burden Hours and Cost**  TOTAL Hours Costs Respondent Burden Estimate **16,340 $1,006,034**  Agency Burden Estimate **20,800 $1,772,242**  **6(f) Reasons for Change in Burden** There is an increase of 3,870 hours in the total estimated respondent burden compared with the currentl y approved ICR burden . This increase is a result of an increase in the annual number o f NOAs submitt ed
. The annual number of NOAs submitted to EPA increased fro m 3 5,000 for the previous ICR renewal to 3 8 ,000 for this ICR renewal
. The average burden hours per response will remained unchanged from the previous ICR renewal of 0.4 3 hours per response. This estimate of burden hours per response takes into account pas t changes to the data items on Form 35 4 0
- 1, and well as an accounting of the burden of submitting certain information voluntarily or as part of current practice
. Specificall y, this burden estimate accounts for the burden s related to providing a copy of the label as well as complete contact information, including a telephone number and email addresses , for the shipper, importer of record, licensed broker, carrier and ultimate consignee when suppl ying name and address information
. In addition, EPA is accounting for the burden of voluntarily providing supporting documentation for registered and unregistered pesticides, active ingredients and percentage of each for registeredMarch 29 , 2016

Page 14 of 15

pesticides, as well as intended use information for unregistered pesticides
. The annual burden increase represents an adjustment. Labor costs for respondents and the Agency increased as a result of changes in the wage rates made to: a) reflect current wage rates and b) to make the methodology for calculating wage rates consistent with other OPP I CRs. The new wage estimates incorporated higher estimates for benefits and overhead than were used in the past. **6(g) Burden Statement** The total annual public respondent burden for this collection of information is estimated to be 1 6 , 34 0 hours. The annual respondent burden for the collection of information associated with the submission o f EPA Form 35 4 0
- 1 is, on average, 0.4 3 hours per submission. This estimate includes the time for reviewing instructions, maintaining the data needed, and completing and reviewing the collection of information. The 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 Agency

has established a public docket for this ICR under Docket ID No. EPA
- HQ
- OPP
2016
- 0122 , which is available for online viewing at www.regulations.gov, or in person viewing at the OPP Docket in the EPA Docket Center, EPA West, Rm. 3334, 1200 Pennsylvania Ave, NW, Washington DC . This docket facility is open from 8:30 a.m. to 4 :30 p.m., Monday through Friday , excluding legal holidays. The OPP D ocket telephone number is (703) 305
- 5805. You may submit comments regarding 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. Submit your comments, referencing Docket ID No. EPA
- HQ
OPP
- 2016
- 0122 and OMB Control No. 2070
- 002 0 , to (1) EPA online using www.regulations.gov (our preferred method), or b y mail to: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB b y mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW, Washington, DC 20503.March 29 , 2016

Page 15 of 15 **ATTACHMENTS TO THE SUPPORTING STATEMENT** Attachments to the supporting statement are available in the public docket established for this I CR under docket identification number **EPA -**  **HQ -**  **OPP -**  **2016 -**  **0122** . These attachments are available for online viewing at http://www.regulations.gov/ or otherwise accessed as described in section 6(f) of the supporting statement.
**Attachment A: 7 U.S.C. 136o**  **- Section 17 of the**  **Federal Insecticide, Fungicide, and**

**Rodenticide Act .**  Available online at the US Government Publishing Office’s website
. **Attachment B: 19 CFR**  **1 2.110**  **- 117.**  Available online at the US Governm ent Publishing

Office’s Electronic CFR Website
. **Attachment C**  : **Work Sheets used to Calculate Labor Costs** 
**Attachment D**  **: EPA Form 3540**  **- 1**