FIFRA requires the Department of Treasury to notify EPA of the arrival of pesticides and devices so that EPA can monitor for compliance. This is accomplished through US Customs requiring importers of pesticides and devices to file a Notice of Arrival form with EPA.
On February 19, 2014, President Obama issued Executive Order (EO) 13659, Streamlining the Export/Import Process for Americaâs Businesses, in order to reduce unnecessary procedural requirements relating to, among other things, importing into the United States, while continuing to protect national security, public health and safety, the environment, and natural resources. See 79 FR 10657 (February 25, 2014). Among other directives, EO 13659 mandates that no later than December 31, 2016, ITDS âagencies shall have capabilities, agreements, and other requirements in place to utilize the ITDS and supporting systems, such as the Automated Commercial Environment [ACE], as the primary means of receiving from users ⦠the standard set of data and other relevant documentation (exclusive of applications for permits, licenses, or certifications) required for the release of imported cargoâ¦â By that time, ACE is expected to have the operational capabilities necessary to enable users to transmit a harmonized set of import data elements, via a âsingle window,â to obtain the release and clearance of goods. As a result, ITDS would eliminate redundant reporting requirements and facilitate the transition from paper-based requirements reporting and other procedures to faster and more cost-effective electronic submissions to, and communication among, government agencies.
Part of the effort to ensure that the U.S. government meets the December 2016 deadline involves testing the ITDS system, often also referred to as the Automated Commercial Environment (ACE). Customs and Border Protection (CBP) can test new technology, like ITDS or ACE, by conducting pilots under the National Customs Automation Program (NCAP). Through NCAP, the thrust of customs modernization has been on trade compliance and the development of ACE, the planned successor to the Automated Commercial System (ACS). The EPA has worked with CBP to launch NCAP pilots for all of the imported commodities that EPA reviews (e.g., vehicles and engines, pesticides, ozone depleting substances and chemical substances).
In addition to testing the new system via pilots, the EPA has been working diligently with CBP to revise the regulations addressing the import requirements for vehicles and engines (both nonroad and onroad), pesticides and chemical substances regulated by Toxic Substances Control Act (TSCA). These regulatory revisions will allow for the use of ACE instead of paper to meet import reporting requirements, and also collect some additional relevant information to inform compliance determinations.
Despite the best efforts of EPA and CBP, these rule revisions are not final yet and therefore the related approved ICRs do not cover the few additional data elements being tested in pilots. The lack of a revised ICR is not an issue for the onroad vehicle and engine or ozone depleting substances pilots because all the information collected in those pilots is covered by the existing ICRs. In addition, the TSA certification required for chemical substances does not require an ICR. However, the pilots that test ACE for nonroad engines and pesticides imports are limited to nine or fewer importers each because the pilots were written to collect the data in the proposed rule revisions, not all of which is covered by an existing ICR. See, e.g., 81 Fed Reg. 13399 (March 14, 2016). In order to robustly test the data collection in ITDS for these commodities, and ensure that ACE is fully operational and able to meet the demand of full Trade participation by December 31, 2016, EPA and CBP need to increase participation in these two pilots beyond nine importers each. (EPA will separately request emergency approval of an ICR related to the nonroad vehicles and engines pilot.)
US Code:
7 USC 136o
Name of Law: Imports and Exports
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form EPA Form 3540-1 Notice of Arrival of Pesticides and Devices (FIFRA)
0152ss10_EPA3540-1_rev2013-09-06.docx
EPA Form 3540-1.pdf
Notice of Arrival of Pesticides and Devices (FIFRA)