46246 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 

computerized badge reading system, 

and the entire complex is patrolled by 

security during non-business hours. The 

computer system offers a high degree of 

resistance to tampering and 

circumvention. Multiple levels of 

security are maintained with the 

computer system control program. 

4. Logical Access Safeguards 

(Technical): The individual registering 

for CDX will generate a self-assigned 

passwords that will be stored in CDX, 

but it will only be accessible to the 

registering individual. To restore 

passwords additional secrets will be 

provided by individual and validated 

along with email or other out-of-band 

factor such as registered mobile phone 

using a 1-time passphrase. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to 

information in this system of records 

about themselves are required to 

provide adequate identification (e.g., 

driver’s license, military identification 

card, employee badge or identification 

card). Additional identity verification 

procedures may be required, as 

warranted. Requests must meet the 

requirements of EPA regulations that 

implement the Privacy Act of 1974, at 

40 CFR part 16. 

CONTESTING RECORDS PROCEDURES: 

Requests for correction or amendment 

must identify the record to be changed 

and the corrective action sought. 

Complete EPA Privacy Act procedures 

are described in EPA’s Privacy Act 

regulations at 40 CFR part 16. 

NOTIFICATION PROCEDURE: 

Any individual who wants to know 

whether this system of records contains 

a record about him or her, should make 

a written request to the Attn: Agency 

Privacy Officer, MC 2831T, 1200 

Pennsylvania Ave., NW, Washington, 

DC 20460, privacy@epa.gov. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

Notice of a New System of Records 

[Federal Register Vol 67, No. 52 

(Monday, March 18, 2002)] Amendment 

to System of Records Notice [Federal 

Register Vol 68, No. 235 (Monday, 

December 8, 2003)]. 

Vaughn Noga, 

Senior Agency Official for Privacy. 

[FR Doc. 2021–17639 Filed 8–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2021–0424; FRL–8721–01– 

OCSPP] 

Electronic Option for Submitting 

Foreign Purchaser Acknowledgement 

Statement of Unregistered Pesticides 

Under the Federal Insecticide, 

Fungicide and Rodenticide Act; Notice 

of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is announcing the 

availability of an electronic option for 

submitting the Foreign Purchaser 

Acknowledgement Statement (FPAS) for 

unregistered pesticides as required 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). As an alternative to the 

hardcopy approach, which is still 

available, EPA is also now accepting the 

required notifications electronically 

using EPA’s electronic document 

submission system, the Central Data 

Exchange (CDX). Use of CDX to prepare 

and submit the required notifications to 

EPA will help streamline and reduce the 

administrative costs and burdens 

associated with submitting paper-based 

statements for both the submitters and 

the Agency. 

DATES: An FPAS may be submitted 

electronically using CDX as of August 

18, 2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2021–0424, is 

available online at http://

www.regulations.gov or in-person at the 

Office of Pesticide Program Docket (OPP 

Docket), Environmental Protection 

Agency Docket Center (EPA/DC), 

(28221T), 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744. 

Please note that due to the public 

health concerns related to COVID–19, 

the EPA/DC and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on the EPA/DC 

and docket access, visit https://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Zoe 

Emdur, Office of Program Support, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001: Telephone number: (703) 

347 0529; email address: emdur.zoe@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

import, or distribute in commerce 

chemical substances and mixtures. The 

following North American Industrial 

Classification System (NAICS) codes 

have been provided to assist you and 

others in determining whether this 

action might apply to certain entities. 

Potentially affected entities may 

include, but are not limited to the 

following: 

• Basic Chemical Manufacturing 

(NAICS 3251); 

• Resin, Synthetic Rubber, and 

Artificial and Synthetic Fibers and 

Filaments Manufacturing (NAICS 3252); 

• Pesticide, Fertilizer, and Other 

Agricultural Chemical Manufacturing 

(NAICS 3253); and 

• Other Chemical Product and 

Preparation Manufacturing (NAICS 

3251). 

If you have any questions regarding 

the applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What action is the Agency taking? 

The Agency is announcing the 

availability of an electronic option for 

use by those who must submit an FPAS 

under FIFRA 17(a)(2). EPA is providing 

an electronic option as part of the 

broader Federal government efforts to 

move to modern, electronic methods of 

information collection, which 

streamline processes and reduce overall 

burdens for all involved. 

Currently, an FPAS can only be 

submitted to the Agency in hardcopy 

using regular mail, requiring the Agency 

to manually scan and process 

submissions. The modernization of the 

FPAS process will allow the option for 

users to prepare and submit their 

notifications to the Agency 

electronically using a web-based 

application. To file electronically, 

submitters must use the EPA provided 

application. To access the application, 

users must complete a one-time 

registration with EPA’s CDX (https://

cdx.epa.gov/). CDX is the Agency’s 

portal for submitting information to EPA 

in a secure online manner. Electronic 

submissions of an FPAS will be done 

via the Pesticide Submission Portal 

(‘‘PSP’’ or ‘‘Pesticide Portal’’) which is 


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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices 46247 

accessed through EPA’s CDX. Registered 

CDX users will be able to select ‘‘FPAS 

Submission’’ for a dropdown menu and 

upload one or more attachments for 

their submission. When registering, a 

user will need to ensure they are 

registering for the PSP data flow which 

will provide them access to the FPAS 

reporting application. (Note: Users who 

have previously registered with CDX are 

able to add ‘‘PSP’’ to their current 

registration.) This reporting tool is 

compatible with Windows, Mac, Linux, 

and UNIX based computers, and uses 

‘‘Extensible Markup Language’’ (XML) 

specifications for efficient data 

transmission across the internet. 

C. What is the Agency’s authority for 

taking this action? 

FIFRA section 17(a)(2) and 40 CFR 

168.75 require that any person exporting 

unregistered pesticides must obtain and 

submit to EPA a statement, known as an 

FPAS, signed by the foreign purchaser 

prior to export, acknowledging that the 

purchaser understands that the 

pesticide is not registered for use in and 

cannot be sold in the United States. EPA 

transmits the FPAS notification to the 

government of the importing country via 

per-shipment notifications or annual 

summary reports. 

The exporter is required to send a 

copy of the purchaser acknowledgment 

statement to EPA within 7 days of 

having shipped the pesticide, along 

with a signed statement that the 

shipment did not occur prior to receipt 

of the purchaser acknowledgment 

statement. In addition, if the exporter 

chooses the annual reporting option, he 

or she must include a statement that the 

FPAS is for the first shipment of a 

pesticide to a particular purchaser in a 

specific country, and that the exporter 

will report this information annually. 

Where an exporter chooses to comply 

with the annual summary reporting 

option, a summary must be sent after 

the end of the calendar year which lists 

all shipments of a particular pesticide 

shipped to a particular foreign 

purchaser. It is not required for the 

statement to be submitted to EPA in 

time to enable EPA to notify the 

importing country prior to arrival of the 

pesticide. 

When exporting pesticides that are 

not registered in the U.S., manufacturers 

must submit a FPAS to EPA either per 

shipment or on an annual basis. EPA 

will then use this information to notify 

the Designated National Authority of the 

importing country. The FPAS must 

include the following items: 

The name, address, and EPA 

identification number (i.e., EPA 

company number or establishment 

number), if applicable, of the exporter. 

• The name and address of the 

foreign purchaser. 

• The identity of the product and the 

active ingredient(s), including: 

• The Chemical Abstract Services 

Registry (CAS) number for each active 

ingredient; 

• The chemical nomenclature for 

each active ingredient as used by the 

International Union of Pure and 

Applied Chemists (IUPAC); and 

• Other chemical or common names 

that could help EPA better identify the 

product (i.e., EPA’s chemical PC code). 

• If known or reasonably 

ascertainable, the country or countries 

of the final destination of the export 

shipment (i.e., where the exported 

pesticide is intended to be used), if 

different from the country of the foreign 

purchaser’s address. 

• Signed and dated statement from 

the foreign purchaser acknowledging 

that the product is not registered for use 

in the United States and cannot be sold 

in the United States. 

• The exporter must submit a signed 

certification affirming that the export 

did not occur until the statement signed 

by the foreign purchaser was obtained 

by the exporter. 

• Any foreign purchaser signing a 

statement in their own language must 

have the appropriate English translation 

accompanying it when submitted to the 

EPA. 

For electronic reporting, the 

Government Paperwork Elimination Act 

(GPEA) (44 U.S.C. 3504) requires 

Executive agencies to provide, when 

practicable, for the option of the 

electronic maintenance, submission, or 

disclosure of information as a substitute 

for paper; and the use and acceptance of 

electronic signatures. 

D. What are the anticipated benefits of 

CDX reporting and use of PSP? 

EPA encourages submitters of an 

FPAS to adopt the electronic option as 

the preferred submission method. Use of 

the electronic option reduces the 

paperwork burden for submitters by 

reducing the cost and time required to 

review, edit, and transmit data to the 

Agency in a hardcopy format, as well as 

the cost to mail that hardcopy to EPA 

and to retain required records related to 

that hardcopy submission. PSP, the 

web-based reporting tool, enables 

efficient data transmittal and reduces 

errors with built-in validation 

procedures. PSP also allows submitters 

to share a draft submission within their 

organization, and more easily save an 

electronic copy of that submission for 

the required records or future use. The 

resource and time requirements for EPA 

to review and process these export 

notifications will also be reduced, 

including increased efficiencies in 

communicating with submitters, as well 

as the storage and retrieval of 

submissions. 

II. Electronic Reporting Procedures 

This unit provides an overview of 

CDX, PSP, and the FPAS web-based 

reporting tool. It also provides 

instructions for the electronic process 

for FPAS notifications. As a reminder, 

the requirements are set in the 

regulations implementing the statutory 

mandate in FIFRA that appear in 40 

CFR 168.75. 

A. What is CDX? 

CDX is EPA’s point of entry for 

environmental data submissions to the 

Agency. CDX also provides the 

capability for submitters to access their 

data using web services. CDX enables 

EPA to work with stakeholders, 

including governments, regulated 

industries, and the public to enable 

streamlined, electronic submission of 

data via the internet. To report under 

the procedures discussed in this notice, 

submitters would register with CDX, 

select the PSP option, and access 

reporting of FPAS. More information 

about CDX is available online at: http:// 

www.epa.gov/cdx/. 

B. What is PSP? 

PSP is a web-based reporting tool for 

the submission of forms, reports, and 

other documents including FPAS 

notifications, electronically to the 

Agency. The tool is available for use 

with Windows, Mac, Linux, and UNIX 

computer systems, using ‘‘Extensible 

Markup Language’’ (XML) specifications 

for efficient data transmission across the 

internet. CISS provides user-friendly 

navigation, works with CDX to secure 

online communication, creates a 

completed Portable Document Format 

(PDF) for review prior to submission, 

and enables data, reports, and other 

information to be submitted easily as 

PDF attachments, or by other electronic 

standards, such as XML. As currently 

implemented, one or more 

representatives from each facility must 

establish an account with EPA’s CDX to 

prepare, transmit, certify, and submit 

forms, reports, and other documents. 

C. How will the FPAS be submitted via 

the internet using CDX? 

Once registered with EPA’s CDX, 

submitters of FPAS notifications will 

select the PSP Program and use ‘‘FPAS 

submission’’ to prepare a data file for 

submission. 


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1. Registering with CDX. To submit 

electronically to EPA via CDX, a user 

would register with CDX at: http://

cdx.epa.gov/epa_home.asp. CDX 

registration enables EPA to authenticate 

user identities and verify user 

authorizations. 

To register in CDX, the CDX registrant 

(also referred to as ‘‘Electronic Signature 

Holder’’ or ‘‘Public/Private Key 

Holder’’) would agree to the Terms and 

Conditions, provide information about 

the user and organization, select a username and password, and follow the 

procedures outlined in the guidance 

document for CDX available online at: 

http://www.epa.gov/cdr/tools/CDX_

Registration_Guide_v0_02.pdf. 

2. Submission. Those choosing to 

submit electronically will use PSP to 

prepare their submissions. Then the 

submitter will choose ‘‘FPAS 

submission’’ from the drop-down which 

guides users through a ‘‘hands-on’’ 

process of creating an electronic 

submission. Once a user completes the 

relevant data fields and attaches 

appropriate PDF files or other file types, 

such as XML files, the web-based tool 

validates the submission by performing 

a basic error check and makes sure all 

the required fields and attachments are 

provided and complete. 

Further instructions on submitting 

information and instructions for 

uploading PDF attachments or other file 

types, such as XML will be available 

through FPAS reporting guidance 

available online at: https://

www.epa.gov/pesticide-registration/ 

electronic-submissions-pesticideapplications. 

D. Can CBI be submitted using PSP? 

Yes. PSP enables the user to submit 

CBI and substantiate that CBI claim in 

an electronic format. All information 

sent by the user via CDX is transmitted 

securely to protect CBI. PSP also guides 

the user through the process of 

submitting CBI by prompting the user to 

check a CBI checkbox if using a form or 

by submitting a scanned document 

containing CBI by bracketing, 

underlining, or otherwise marking the 

confidential information on the 

document prior to scanning. As with 

paper-based submissions, a sanitized 

copy of any document containing CBI 

would be included by the user in the 

electronic submission. The FPAS 

reporting guidance instructs users on 

how to submit CBI and substantiate CBI 

claims information using PSP. 

E. How will CBI be protected when 

submitting via CDX? 

The Agency ensures secure 

transmission of the data, reports, and 

other documents sent from the user 

through the internet via the Transport 

Layer Security (TLS) 1.0 protocol. TLS 

1.0 is a widely used approach for 

securing internet transactions and is 

endorsed by the National Institute of 

Standards and Technology (NIST) as a 

means for protecting data sent over the 

internet. See NIST Special Publication 

800–52, ‘‘Guidelines for the Selection 

and Use of Transport Layer Security 

(TLS) Implementations,’’ available 

online at: http://csrc.nist.gov/ 

publications/nistpubs/800-52/SP800- 

52.pdf. 

In addition, PSP enables the submitter 

to electronically sign, encrypt, and 

transmit submissions, which the Agency 

subsequently provides back to the user 

as an unaltered copy of record. This 

assures the user that the Agency has 

received exactly what the user sent to 

the Agency. PSP encrypts using a 

module based on the 256-bit Advanced 

Encryption Standard (AES) adopted by 

NIST. Details about AES can be found 

on the NIST website at: http://

csrc.nist.gov/publications/fips/fips197/ 

fips-197.pdf. EPA may incorporate other 

encryption modules into future versions 

of PSP. Information submitted via CDX 

is processed within EPA by secure 

systems certified for compliance with 

Federal Information Processing 

Standards (FIPS) that are available 

online at: http://www.nist.gov/itl/ 

fips.cfm. 

III. Paperwork Reduction Act (PRA) 

According to the PRA, 44 U.S.C. 3501 

et seq., an agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. 

The information collection 

requirements associated with the 

electronic option for FPAS notifications 

under FIFRA section 17(a)(2) and 40 

CFR 168.75 were approved by OMB 

pursuant to the PRA under OMB 

Control No. 2070–0027 (EPA ICR No. 

0161.15) on August 6, 2021. The 

addition of an electronic option for 

submissions does not change the 

requirements or add new burden 

requiring additional OMB approval. The 

annual paperwork burden per FPAS 

notification is estimated to average 

2,940 hours for hardcopy submissions 

and 1,803 hours for electronic 

submissions. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required export notification 

to EPA. For additional details, please 

see the Information Collection Request 

document that is available in the docket. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for further 

minimizing respondent burden, 

including through the use of automated 

collection techniques, to the Director, 

Regulatory Support Division, Office of 

Mission Support (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

FPAS notifications or related questions 

to this address. 

Authority: 7 U.S.C. 136 et seq. 

Dated: August 12, 2021. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2021–17660 Filed 8–17–21; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK 

[Public Notice: 2021–6023] 

Agency Information Collection 

Activities: Comment Request 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Submission for OMB review and 

comments request. 

SUMMARY: The Export-Import Bank of 

the United States (EXIM), as a part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

Agencies to comment on the proposed 

information collection, as required by 

the Paperwork Reduction Act of 1995. 

The Application for Exporter Short 

Term Single Buyer Insurance form will 

be used by entities involved in the 

export of U.S. goods and services, to 

provide EXIM with the information 

necessary to obtain legislatively 

required assurance of repayment and 

fulfills other statutory requirements. 

Export-Import Bank customers will be 

able to submit this form on paper or 

electronically. 

DATES: Comments must be received on 

or before October 18, 2021 to be assured 

of consideration. 

ADDRESSES: Comments may be 

submitted electronically on 


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