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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. 0152.11

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 Customs 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 regional 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 Customs as to the disposition of the shipment.

Upon the arrival of the shipment, the importer or broker must present the completed NOA to the 

Customs 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, Customs follows instructions 

regarding release, detention, or refusal. If there are discrepancies, the shipment may be detained until 

cleared for release, or retained for examination. 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.

During this renewal of this information collection, EPA is also capturing the burden of providing

the label and other supporting documentation that is currently 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 States. 
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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 Customs 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 imported 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, Customs 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. Customs 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 accompanying NOA is, under Customs regulations, grounds for refusal of entry into the 

United States.

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 3461, OMB Control Number 1651-0024) or 

entry summary form (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 3540-1 as part of customary business practices. To avoid double counting of burden 

hours, EPA only accounts for the additional time to enter the information and submit the form. 

Customs 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 pesticidal 
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device arrives in the U.S. and the entry forms does not contain all 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 System (ITDS) project. When ACE becomes fully

functional (by December 2016), it will allow for the electronic collection of the information in the

Notice of Arrival. EPA is currently 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 Guidelines

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. This manual contains instructions to physical security measures; CBI copying and 
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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 marked 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.

Respondents to this information collection are pesticide importers, which includes many types 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 (NAICS 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 by FIFRA Sections 3, 7, and 17, and 

19 CFR Part 12. 

Provide notification of: 

 Name, 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 CFR 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)
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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 Notice of Arrival. 

 A copy 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. 

 Supporting documentation, such as a material safety data sheets, 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 inspection 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

CBP means ”Customary and Usual Business Practice;" during the course of normal and prudent 

business operations, a respondent would plan activities for this information collection, arrange for the 

collection, 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

EPA regional personnel review Form 3540-1 for accuracy and completeness of the submitted 
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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) Collection Methodology and Management

The information collected is produced by all importers as part of Customary and Usual Business 

Practice, as described above. This collection request concerns the entry and submission of this 

information using the Form 3540-1. The currently approved version of EPA Form 35401-1 is included 

in the docket for this action.

NOA information is entered once onto Form 3540-1, signed, and submitted to EPA. Form 3540-

1 is reviewed by EPA, and, if approved, signed 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 currently 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 governmentwide collection, use, and dissemination of international trade data. Under the ITDS concept, agencies 

harmonize their data requirements with Customs, thereby eliminating redundancies and minor 

definitional differences.

ITDS is the organizational framework for Customs and more than 40 participating government 

agencies to integrate import requirements into a modernized, upgraded Automated Commercial 

Environment (ACE), which is being designed by Customs to process imports and exports. EPA is 

currently working 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 electronically and 

almost instantaneously among importers, EPA, and Customs for most shipments of pesticides or 

pesticidal devices.

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 practices."

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.
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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 

38,000 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 35,000. EPA received approximately 36,000 NOAs in 2013, 39,000 in 

2014, and 38,000 in 2015. If this trend continues, EPA anticipates that over the next three years, EPA 

will receive, on average, 38,000 NOAs annually. This indicates an increase of about 3,000 additional 

NOAs received per year 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 

types. 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 information, 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 supply 

information about the intended use and an explanation of why the product is being imported, the 

responses types have been divided into two types. 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 3540-1 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 copy of the product label as part of current practice and will 

voluntarily submit other supporting documents to EPA with Form 3540-1. 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.
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EPA estimates it will take respondents submitting a NOA for a registered pesticide or pesticidal device 

product 0.40 hours per response to read instructions, complete form, and submit information to EPA and 

Customs, for a total of 10,640 hours annually. Respondents submitting a NOA for unregistered 

pesticides will require 0.50 hours for these activities, or 5,700 hours annually. The annual burden hours 

per response type are found by multiplying the annual number of responses per response type times 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 16,340 hours annually. 

6 (b) Estimating Respondent Costs

The methodology for calculating the wage rates in this renewal of the ICR has been updated to 

be consistent with the method for wage calculation for all ICRs managed by 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. Fully loaded 

wage rates are used to calculate respondent and Agency costs.

Unloaded Wage Rate: Wages are estimated for labor types (management, technical, and 

clerical) within applicable sectors. The Agency uses average wage data for the relevant sectors available 

in the National Industry-Specific Occupational Employment 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 Wage Rate: Unless stated otherwise, all benefits represent 46% 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 Wage Rate: OPP multiplies the loaded wage rate by 50% (EPA guidelines 20-

70%) to get overhead costs. Since the majority of NOAs are submitted by firms in NAICS code 325300 

(Pesticide and Other Agricultural Chemical Manufacturing), hourly wage rates for this sector were used 

to calculate respondent burden. The fully loaded hourly wage rates for management, technical, and 

clerical occupations for NAICS 325300 are $124.02, $73.37, and $41.70, respectively. See Attachment 

C for labor wage calculations. 

Table 2 shows 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 0.40 hours. 
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Table 2: Respondent Burden and Cost per Response: Registered Pesticides and Pesticidal Devices

Collection Activities

Management

(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 BURDEN20.03 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 calculations. 

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, respectively.

Table 3: Total Annual Respondent Burden and Cost: Registered Pesticides and Pesticidal Devices

Information 

Collection

Burden Per 

Response

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 0.50 hours.
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Table 4: Respondent Burden and Cost per Response: Unregistered Pesticides

Collection Activities

Management

(hours)1

Technical 

(hours)1

Clerical 

(hours)1 Total 

(hour)

Cost

($) $124.02/hr $73.37/hr $41.70/hr

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 BURDEN2

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 be 5,700 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:
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Table 6: Other Costs

Other Costs1 Estimated cost per day

Storage $264 

Broker Fees $106 

Container Demurrage $132 

Additional Freight $317 

During a previous renewal cycle, one 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. In many 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 quickly 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 3540-1 on an annual basis was increased 

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 Agency burden hours for this ICR, 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 ICR has been updated to 

be consistent with the method for wage calculation for all ICRs managed by the Office of Pesticide 

Programs (OPP). The previous ICR used the 2011 annual salary for a federal employee at the GS-13, 

Step 1 level ($71,674 annually, or $34/hr, $74/hr when fully loaded). This ICR uses the fully 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 2011 to June 2015.
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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 Wage Rate: OPP multiplies the loaded wage rate by 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, respectively. See Attachment 

C for labor wage calculations. 

Table 7 shows the total cost of federal government labor for processing NOA forms. At a fully 

loaded annual wage rate of $169,589 per FTE annually, the total annual cost of 10.0 FTEs to the federal 

government is approximately $1.7 million.

 Table 8: Federal Government (Agency) Labor Costs 

Data Category Value

Fully Loaded 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 ICR 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 38,000 

Notice of Arrival forms are processed each year.

 Table 9: Total Agency Costs 

Data Category Value

Total Federal Government Labor 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 ICR 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 2011 to June 2015.
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 ICR is estimated to be 10 FTEs. With direct costs, this 

would result in a total annual agency cost of $1,772,242. 

Table 11: Total Annual Agency Burden and Costs

Information Collection Responses Per 

Year

Annual Burden*

(hours)

Total

Costs (Labor plus 

Direct)

Notice of Arrival 38,000 20,800 $1,772,242

(iii) Bottom Line Burden and Cost

 Table 12: 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 

currently approved ICR burden. This increase is a result of an increase in the annual number of NOAs 

submitted. The annual number of NOAs submitted to EPA increased from 35,000 for the previous ICR 

renewal to 38,000 for this ICR renewal. The average burden hours per response will remained 

unchanged from the previous ICR renewal of 0.43 hours per response. This estimate of burden hours per 

response takes into account past changes to the data items on Form 3540-1, and well as an accounting of

the burden of submitting certain information voluntarily or as part of current practice. Specifically, this 

burden estimate accounts for the burdens 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 supplying 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 registered 
March 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 ICRs. 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 

16,340 hours. The annual respondent burden for the collection of information associated with the 

submission of EPA Form 3540-1 is, on average, 0.43 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-OPP2016-0122, 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 Docket 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-HQOPP-2016-0122 and OMB Control No. 2070-0020, to (1) EPA online using www.regulations.gov (our 

preferred method), or by mail to: OPP Docket, Environmental Protection Agency Docket Center 

(EPA/DC), Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by 

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.

 

 
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ATTACHMENTS TO THE SUPPORTING STATEMENT

Attachments to the supporting statement are available in the public docket established for this ICR 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 12.110-117. Available online at the US Government Publishing 

Office’s Electronic CFR Website. 

Attachment C: Work Sheets used to Calculate Labor Costs

Attachment D: EPA Form 3540-1