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 America’s 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 “agencies 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 cargo…” 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 “single
window,” 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)