November
14,
2002
Page
1
of
17
SUPPORTING
STATEMENT
FOR
AN
INFORMATION
COLLECTION
REQUEST
(
ICR)

1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
TITLE:
Foreign
Purchaser
Acknowledgment
Statement
of
Unregistered
Pesticides
OMB
No.
2070­
0027
EPA
No.
0161.09
1(
b)
Short
Characterization/
Abstract
This
information
collection
program
is
designed
to
enable
the
Environmental
Protection
Agency
(
EPA)
to
provide
notice
to
foreign
purchasers
of
unregistered
pesticides
exported
from
the
United
States
that
the
pesticide
product
cannot
be
sold
in
the
United
States.
Section
17(
a)(
2)
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
requires
an
exporter
of
any
pesticide
not
registered
under
FIFRA
section
3
or
sold
under
FIFRA
section
6(
a)(
1)
to
obtain
a
signed
statement
from
the
foreign
purchaser
acknowledging
that
the
purchaser
is
aware
that
the
pesticide
is
not
registered
for
use
in,
and
cannot
be
sold
in,
the
United
States.
A
copy
of
this
statement
must
be
transmitted
to
an
appropriate
official
of
the
government
in
the
importing
country.
The
purpose
of
the
purchaser
acknowledgment
statement
requirement
is
to
notify
the
government
of
the
importing
country
that
a
pesticide
judged
hazardous
to
human
health
or
the
environment,
or
for
which
no
such
hazard
assessment
has
been
made,
will
be
imported
into
that
country.
This
information
is
submitted
in
the
form
of
annual
or
per­
shipment
statements
to
the
EPA,
which
maintains
original
records
and
transmits
copies
thereof
to
appropriate
government
officials
of
the
countries
which
are
importing
the
pesticide.

The
burden
for
this
information
collection
has
been
constant
since
the
implementation
of
the
1993
pesticide
export
policy
governing
the
export
of
pesticides,
devices,
and
active
ingredients
used
in
producing
pesticides.
EPA
is
including
in
this
renewal
of
the
information
collection
request
an
estimate
of
the
burden
imposed
by
export
labeling
requirements,
which
meet
the
definition
of
third­
party
labeling.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
This
information
is
required
to
be
submitted
to
EPA
pursuant
to
section
17(
a)(
2)
of
FIFRA.
Regulations
pertaining
to
exporting
pesticides
are
contained
in
Title
40
of
the
Code
of
Federal
Regulations,
Part
168,
Subpart
D.
November
14,
2002
Page
2
of
17
2(
b)
Practical
Utility/
Users
of
the
Data
Section
17(
a)(
2)
of
FIFRA
requires
all
exporters
of
unregistered
pesticides
to
obtain
signed
statements
from
their
customers
acknowledging
that
they
are
aware
that
their
purchased
products
are
not
registered
in
the
United
States.
Hence,
one
use
of
this
collection
activity
is
in
assuring
that
foreign
purchasers
of
pesticides
produced
in
the
U.
S.
are
aware
of
the
products'
U.
S.
registration
status.

When
such
statements
are
submitted
to
EPA,
the
Agency
is
provided
with
a
record
of
foreign
destinations
of
domestically
produced
unregistered
products.
This
is
important
to
enable
the
Agency
to
assure
that
such
products,
which
are
produced
in
the
U.
S.
but
cannot
be
legally
sold
for
use
in
the
U.
S.,
have
been
legally
distributed.

In
addition,
such
statements
are
required
by
statute
to
be
directed
onward
to
the
appropriate
government
officials
in
importing
countries.
These
officials
may
use
such
documents
to
verify
the
U.
S.
registration
status
of
products
which
are
arriving
or
have
arrived
in
their
country.
Officials
of
foreign
governments
can
also
use
this
information
to
verify
how
many
shipments
of
a
particular
pesticide
are
being
sent
to
their
country.
This
information
is
extremely
useful
in
countries
which
do
not
have
the
resources
to
maintain
extensive
import
records
or
control
systems.

3.
NON
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non
duplication
The
submission
of
purchaser
acknowledgment
statements
is
a
statutory
provision
which
must
be
met
before
unregistered
pesticides
may
be
exported.
This
information
is
in
turn
required
by
statute
to
be
sent
to
the
governments
of
importing
countries.

With
the
current
system,
EPA
recognizes
that
repeated
submissions
of
purchaser
acknowledgment
statements
involving
the
same
country,
purchase,
and
chemical
would
be
duplicative,
except
in
regards
to
identifying
the
number
of
shipments
to
which
they
apply.
For
this
reason,
EPA
only
requires
this
statement
to
be
submitted
once
per
year
and
that
the
exporter
provides
summary
information
indicating
the
number
of
shipments
which
apply
to
each
submitted
statement.
This
eliminates
the
redundancy
that
would
be
associated
with
the
submission
of
identical
acknowledgment
statements,
while
still
providing
EPA
and
foreign
governments
with
full
information
regarding
the
number
of
shipments
in
the
calendar
year.
November
14,
2002
Page
3
of
17
3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
In
proposing
to
renew
this
ICR,
EPA
published
a
Federal
Register
Notice
that
provided
a
60­
day
public
notice
and
comment
period
that
ended
on
February
11,
2002
(
see
Attachment
).
No
comments
were
received
in
response
to
that
notice.

3(
c)
Consultations
EPA
consulted
with
several
stakeholders
in
developing
the
burden
estimates
for
this
ICR
renewal,
including:

Jose
Lopez,
Marketing
Arm
International
Inc.
941­
743­
5533
David
Edison,
Environmental
Safety
Products
541­
332­
8202
Richard
Costlow,
Rohm
&
Haas
Co.
215­
641­
7331
All
stakeholders
contacted
believed
that
the
estimates
in
the
ICR
were
reasonable
and
in
line
with
actual
costs.
David
Edison
of
Environmental
Safety
Products
noted
that
while
complying
with
FIFRA
17(
a)
generally
takes
little
time,
follow­
up,
involving
resubmitting
the
forms
and
answering
questions
from
foreign
purchasers,
can
be
time­
consuming.
Richard
Costlow
of
Rohm
&
Haas
added
that
complying
with
the
multilingual
labeling
requirements
can
be
more
time­
consuming
and
costly
when
the
foreign
purchaser
is
in
an
Asian
or
Arabic
speaking
country.

3(
d)
Effects
of
Less
Frequent
Collection
By
offering
the
compliance
option
of
annual
reporting,
EPA
is
offering
a
less
frequent
information
collection
to
reduce
the
burden
of
per­
shipment
reporting.
Further
reduction,
i.
e.,
to
a
one­
time
submission
for
the
life
of
the
product
or
otherwise
to
a
frequency
of
less
than
once
a
year
would
damage
the
correlation
of
statements
with
the
actual
regulatory
status
of
pesticide
products,
which
may
change
from
year
to
year.
Unless
statements
are
renewed
on
an
annual
basis,
it
becomes
difficult
for
the
purchaser
to
know
whether
the
regulatory
status
of
the
product
has
changed
from
the
previous
year,
or
for
foreign
governments
to
determine
whether
or
not
the
regulatory
status
reflected
in
the
most
current
statement
reflects
the
actual
regulatory
status
of
the
product.

The
annual
summaries
provide
EPA
with
the
ability
to
monitor
compliance
with
the
requirements
of
section
17(
a).
Currently,
such
records
need
be
kept
for
only
two
years.
Since
the
summaries
are
submitted
at
the
end
of
an
applicable
year,
less
frequent
submissions
would
occasionally
result
in
the
necessary
records
not
being
available
to
validate
submissions.
November
14,
2002
Page
4
of
17
3(
e)
General
Guidelines
The
following
areas
are
not
applicable
to
this
information
request:


reports
of
quarterly
or
greater
frequency.


records
required
to
be
maintained
for
more
than
three
years.


statistical
surveys.


written
responses
to
this
information
collection
required
less
than
30
days
after
receipt.


required
specific
format
(
NB:
the
new
system
may
include
a
specific
format).


submission
of
more
than
an
original
and
two
copies
of
the
information
collected.


remuneration
to
be
received
by
the
respondents
for
the
information
submission.

OMB's
regulations
require
agencies
to
provide
a
statement
indicating
whether
the
proposed
collection
of
information
involves
the
use
of
automated,
electronic,
mechanical,
or
other
technological
collection
techniques
or
other
forms
of
information
technology,
e.
g.,
permitting
electronic
submission
of
responses,
and
an
explanation
of
the
decision
(
5
CFR
1320.5(
a)(
iii)(
E)).
No
automated
techniques
for
information
submission
are
available
which
are
suitable
to
this
information
collection.
But
during
the
implementation
of
the
new
requirements
under
the
Rotterdam
Convention
on
the
Prior
Informed
Consent
(
PIC)
Procedure
for
Certain
Hazardous
Chemicals
and
Pesticides
in
International
Trade
(
see
discussion
in
section
6(
d),
below),
electronic
submission
and
transmission
will
be
examined.
The
submissions
must
be
made
in
a
form
which
can
be
sent
to
and
subsequently
read
and
understood
by
appropriate
officials
of
foreign
governments.

3(
f)
Confidentiality
Although
the
EPA
urges
submitters
to
minimize
the
amount
of
claimed
Confidential
Business
Information
(
CBI),
all
data
and/
or
information
brought
to
the
Agency
in
conjunction
with
this
rule
that
may
be
claimed
as
trade
secret,
commercial
or
financial
information
will
be
protected
from
disclosure
by
EPA
under
FIFRA
section
10
and
the
associated
regulation
as
contained
in
40
CFR
Part
2,
Subpart
B.
Confidential
business
information
may
be
required
to
be
submitted
in
the
case
where
a
business
wishes
to
export
an
unregistered
research
pesticide
product.
EPA
recognizes
that
the
chemical
identity
of
the
product
may
require
protection
as
confidential
business
information,
but
believes
that
it
is
essential
that
the
Agency
nevertheless
be
able
to
accurately
identify
the
nature
of
the
product,
both
for
domestic
compliance
monitoring
and
to
meet
possible
future
requirements
under
the
PIC
agreement.
The
name
of
the
foreign
purchaser
is
generally
afforded
CBI
treatment
in
the
U.
S.,
but,
according
to
statute,
must
be
reported
to
the
government
of
the
importing
country.
EPA
is
aware
that
foreign
governments
consider
the
name
of
the
purchaser
in
their
country
to
be
the
most
useful
information
transmitted
with
the
export
notice.

Aside
from
the
name
and
address
of
the
foreign
purchaser,
no
information
required
to
be
November
14,
2002
Page
5
of
17
submitted
in
purchaser
acknowledgment
statements
is
considered
to
be
confidential.
EPA
has
specifically
stated
that
certain
information
which
could
be
considered
confidential
is
not
included
in
the
statements.
Specifically,
the
identity
of
a
product
under
research
and
development
may
be
identified
by
use
of
identification
codes
which
protect
proprietary
information.
(
However,
most
research
and
development
shipments
are
exempt
from
the
requirement.)
EPA
also
is
not
requiring
that
the
acknowledgment
statements,
the
estimates,
or
the
annual
summaries
indicate
the
amount
of
product
shipped
or
to
be
shipped,
since
this
information
may
be
confidential.
The
actual
fact
that
shipments
occur
is
not
considered
to
be
confidential
since
the
statute
clearly
requires
that
such
submission
be
made
to
EPA,
and
that
such
statements
be
transmitted
to
foreign
governments,
where
it
is
not
possible
for
EPA
to
protect
confidentiality.

3(
g)
Sensitive
Questions
No
information
of
a
sensitive
nature
is
required
to
be
submitted.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents
­
NAICS
Codes
Respondents
affected
by
the
collection
activities
under
this
ICR
are
individuals
or
entities
who
either
manufacture
and
export
or
who
reformulate
or
repackage
and
export
unregistered
pesticides.
The
North
American
Industrial
Classification
System
(
NAICS)
code
assigned
to
the
parties
responding
to
this
information
is
as
follows:

Category
NAICS
code
Examples
of
potentially
affected
entities
Pesticide
and
other
agricultural
chemical
manufacturing
325320
Individuals
or
entities
engaged
in
activities
related
to
the
registration
of
a
pesticide
product.

4(
b)
Information
Requested
There
are
no
forms
for
this
activity.
In
preparing
the
statement,
the
exporter
is
free
to
format
the
document
in
any
manner
as
long
as
it
includes
all
of
the
required
information.
The
exporter
must
obtain
the
signed
statement
from
the
foreign
purchaser
before
the
pesticide
can
be
shipped.

i.
Data
items,
including
record
keeping
requirements:

Foreign
Purchaser
Acknowledgment
Statement
(
FPAS)
­
The
respondent
must
ascertain
the
November
14,
2002
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17
registration
status
of
the
product
that
is
being
produced
for
export.
After
determining
that
an
exported
product
is
not
registered
in
the
Untied
States,
the
exporter
must
obtain
a
statement
of
the
type
described
in
item
3(
b)(
i)
from
the
foreign
purchaser
of
the
pesticide
product.
This
will
normally
require
that
the
exporter
provide
the
purchaser
with
a
prepared
statement
for
signature
or
with
instructions
that
are
adequate
to
ensure
that
the
purchaser
can
prepare
the
statement.

If
the
exporter
anticipates
making
more
than
one
shipment
of
the
product
to
the
purchaser
in
a
given
year,
the
exporter
may
elect
to
notify
EPA
only
at
the
time
of
the
first
shipment
and
to
choose
to
comply
with
the
annual
reporting
option,
which
requires
the
submission
of
an
annual
summary
of
shipments
of
pesticides
shipped
to
each
purchaser.

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
or
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
shipped
in
time
for
EPA
to
notify
the
importing
country
prior
to
arrival
of
the
pesticide.

Submission
of
a
purchaser
acknowledgment
statement
does
not
require
the
maintenance
of
any
records
unique
to
this
section.
All
records
needed
to
ensure
and
verify
compliance
with
this
requirement
are
required
under
section
8
of
FIFRA.

The
FPAS
must
contain
the
following
information:


Name
and
address
of
exporter.


Name
and
address
of
foreign
purchaser.


Name
of
product
and
active
ingredient.


Statement
that
foreign
purchaser
is
aware
that
the
product
is
not
registered
for
use
in
the
United
States
and
cannot
be
sold
for
use
in
the
United
States.


If
known,
country
of
final
destination
of
the
exported
shipment
if
different
from
country
of
import.


Signature
of
foreign
purchaser.


Date
that
purchaser
acknowledgment
statement
is
signed
by
foreign
purchaser.


Certification
that
shipment
did
not
occur
prior
to
receipt
of
Purchaser
Acknowledgment
Statement

Exporter's
signature.

Third
Party
Notification
Requirements;
Export
Labeling
­
The
following
information
must
be
November
14,
2002
Page
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17
included
on
the
labels
or
labeling
of
exported
pesticides:


EPA
pesticide
producing
establishment
number.


Warning
or
caution
statements.


The
statement
"
Not
Registered
for
Use
in
the
United
States
of
America."
The
labels
of
all
pesticides,
devices,
and
active
ingredients
which
are
not
registered
for
use
in
the
United
States
under
FIFRA
section
3
must
include
this
statement.


The
ingredient
statement.


Identity
of
parties.


Weight
or
measure.


Additional
warning
for
highly
toxic
pesticides.


Use
classification
statement.

Multilingual
labeling
requirement
­
The
following
labeling
information
must
be
multilingual:


Warning
and
caution
statements.


Where
applicable,
the
statement
"
Not
registered
for
use
in
the
United
States
of
America."


Ingredient
statement

If
the
pesticide,
device
or
active
ingredient
is
highly
toxic
to
humans,
the
skull
and
crossbones,
the
word
"
Poison,"
and
a
statement
of
practical
treatment
must
appear
on
the
label.
The
word
"
Poison"
and
the
statement
of
practical
treatment
shall
be
in
English
and
in
an
acceptable
language
of
the
country
of
import,
and
in
an
acceptable
language
in
the
country
of
final
destination,
if
known
or
reasonably
ascertainable.

(
ii)
Respondent
Activities
A)
Submission
of
Foreign
Purchaser
Acknowledgment
Statement
B)
Exemption
of
research
and
development
pesticides.
Records
supporting
research
and
development
status
must
include
records
of
communication
received
by
exporter
regarding
research
intent
of
shipment
and
information
indicating
knowledge
that
quantity
shipped
is
consistent
with
research
intent.

Persons
claiming
an
exemption
from
the
FPAS
requirement
for
the
export
of
research
and
development
products
must
maintain
records
which
support
the
R&
D
claim
for
each
shipment
so
claimed.
In
its
policy,
EPA
has
limited
research
claims
only
to
shipments
where
it
is
unlikely
that
the
quantity
shipped
could
have
a
significant
commercial
use.
Thus
the
records
must
be
sufficient
to
support
the
claim
that
the
quantity
shipped
is
only
sufficient
for
use
within
the
limits
of
the
policy.
This
can
be
done
either
in
the
form
of
communications
received
from
the
purchaser
before
or
on
the
date
of
export
or
in
the
form
of
instructions
sent
to
the
purchaser
before
or
on
the
date
of
export.
November
14,
2002
Page
8
of
17
Alternatively,
the
exporter
may
retain
records
which
indicate
that
the
quantity
shipped
is
compatible
with
the
claim
that
the
amount
sent
is
not
enough
to
be
used
in
applications
exceeding
those
provided
as
exempt
under
the
policy.
Such
information
could
include
results
of
test,
citations
of
literature,
or
other
information
which
supports
the
claim.

At
the
time
of
shipment,
the
exporter
must
produce
a
record
of
the
identity,
amount,
and
date
that
the
pesticide
was
shipped,
the
destination
and
purchaser,
and
the
intended
research
use.
Most
of
this
information
is
provided
in
copies
of
or
original
invoice/
shipping
records
normally
maintained
for
such
products.
Note
that
records
of
shipment
of
pesticides
are
already
required
to
be
maintained
under
FIFRA
section
8.
Other
documentation
supporting
research
use
is
generally
available
as
typical
business
practice
and
should
not
impose
additional
burden
to
maintain
with
shipping
records.
Records
of
shipment
and
confirmation
of
research
intent
must
be
maintained
and
made
available
for
inspection
and
copying
by
EPA
for
two
years
following
the
exportation
of
the
pesticide.

C)
Export
labeling
Every
exported
pesticide,
device,
and
active
ingredient
used
in
producing
a
pesticide
must
bear
a
label
or
labeling
which
meets
the
requirements
of
FIFRA
section
17(
a)(
1).
This
requirement
applies
to
all
such
pesticides,
devices,
or
active
ingredients,
regardless
of
whether
the
export
is
for
commercial
or
research
and
development
use.

The
specific
requirements
for
the
labeling
of
exported
pesticides
are
described
in
section
4(
b)
of
this
paper.
The
required
label
statements
may
be
met
through
either
immediate
container
labels,
or
accompanying
supplemental
labeling,
or
through
a
combination
of
the
two.
EPA
included
supplemental
labeling
as
an
option
to
ease
the
compliance
burden
of
this
requirement.
Rather
than
prepare
individual
product
labels
with
the
necessary
information,
the
exporter
can
attach
a
paper
to
the
shipping
container,
e.
g.,
attaching
a
paper
to
the
shrink
wrap
around
multiple
containers
on
a
shipping
pallet.

Exporters
are
also
required
to
keep
records
of
the
product
labeling
used,
including
the
EPA
registered
labeling,
any
foreign
labeling
on
or
attached
to
the
product
when
shipped,
and
as
applicable,
any
supplemental
labeling
used.
The
records
shall
be
maintained
in
a
manner
that
shows
exactly
which
labels
and
labeling
accompanied
each
shipment
of
a
pesticide
product
to
a
foreign
country.

5.
THE
INFORMATION
COLLECTED
­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
EPA
is
required
to
perform
the
following
activities:
November
14,
2002
Page
9
of
17

Respond
to
questions
submitted
by
respondents

Receive
submissions
of
acknowledgment
statements,
certification
statements,
notifications
of
shipments
and
summaries
of
shipments

Review
submissions
for
completeness

Transmit
submissions
of
acknowledgment
statements,
notifications
and
summaries
of
shipments
to
appropriate
government
officials
of
importing
countries

Maintain
a
file
of
all
submissions

Respond
to
requests
for
the
information
5(
b)
Collection
Methodology
and
Management
EPA
maintains
a
file
of
all
submitted
acknowledgment
statements.
This
file
includes
the
following
for
each
submitted
statement:
(
1)
a
copy
of
the
purchaser
acknowledgment
statement
and
certification
that
shipment
did
not
occur
before
receipt
of
statement
by
exporter;
(
2)
a
copy
of
the
delivery
receipt
and
the
date
that
the
statement
was
signed
and
delivered
to
EPA;
(
3)
the
date
that
the
statement
was
forwarded
to
the
appropriate
government
official
and
agency
of
the
importing
country;
and
(
4)
a
copy
of
the
estimate
summary
of
the
number
of
shipments
to
be
made
in
association
with
that
statement.

EPA
reviews
its
files
annually
for
completeness,
following
the
submission
of
annual
summaries
of
shipments,
by
referencing
establishment
reporting
records
for
apparent
discrepancies.
EPA
targets
inspections
based
on
such
apparent
discrepancies
to
determine
whether
a
violation
under
FIFRA
has
occurred.

5(
c)
Small
Entity
Flexibility
Under
this
reporting
requirement,
small
entities
must
follow
the
same
collection
procedures
as
large
companies.
However,
EPA
provides
flexibility
in
the
formatting
of
submissions
which
will
reduce
the
proportionately
higher
burden
which
would
be
placed
on
occasional
submitters
by
strict
requirements.
In
addition,
the
Agency
allows
respondents
to
determine
the
method
of
obtaining
the
purchaser
acknowledgment
statement.
Finally,
respondents
are
allowed
flexibility
in
choosing
between
annual
estimates
and
summaries
or
pershipment
statements.

5(
d)
Collection
Schedule
Not
applicable.
The
activity
is
conducted
only
as
purchaser
acknowledgment
statements
are
received.
There
is
no
set
schedule
for
the
collection
of
this
information.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
November
14,
2002
Page
10
of
17
The
overall
respondent
burden
hours
associated
with
this
collection
total
24,753
hours
per
year.
The
average
number
of
respondents
per
calendar
year
over
the
past
three
years
has
remained
constant
at
2,500.
No
changes
have
been
made
to
requirements
for
foreign
purchaser
acknowledgments.

The
requirements
to
be
fulfilled
under
this
ICR
consist
of
two
parts:
submission
of
the
Foreign
Purchaser
Acknowledgment
Statements
(
FPAS);
and
the
third
party
notification
export
labeling
requirement.
The
third
party
labeling
requirement
is
further
subdivided
into
labeling
requirements
for
unregistered
exported
pesticide
products
and
multilingual
labeling
for
registered
exported
pesticide
products.

Estimating
the
Respondent
Burden
of
the
FPAS
Requirement
This
ICR
renewal
includes
a
respondent
burden
estimate
of
2,650
hours
for
the
FPAS
requirement.
This
figure
is
based
on
the
approximately
2,500
notices
received
annually
pursuant
to
the
export
policy.
Table
1
presents
the
expected
labor
mix
required
and
a
breakdown
of
the
FPAS
collection
activities
per
respondent.

Annual
Respondent
Burden/
Cost:
Submission
of
Foreign
Purchaser
Acknowledgment
Statement
Collection
Activity
Burden
Hours
Total
Mgmt
$
123/
hr
Tech
$
83/
hr
Cler
$
38/
hr
Hours
Cost
($)

Read
Regulations
0.08
0.08
9.84
Plan
Activities
0.08
0.08
6.64
Gather
Information
0.08
0.08
6.64
Process,
compile
and
reveal
information
0.16
0.16
13.28
Complete
paperwork
0.25
0.25
0.50
30.25
Record,
disclose
&
display
information
0.08
0.08
3.04
November
14,
2002
Page
11
of
17
Store,
maintain
and
file
information
0.08
0.08
3.04
TOTAL
0.08
0.57
0.41
1.06
72.73
ANNUAL
BURDEN:
1.06
hrs
(
64
minutes)
X
2,500
respondents
=
2,650
hours
per
year
ANNUAL
COSTS:
$
72.73
X
2,500
respondents
=
$
181,825
per
year
The
clarifications
regarding
record
keeping
to
ensure
compliance
will
not
result
in
additional
burden
since
all
such
records
are
either
already
required
to
be
kept
under
FIFRA
Section
8
or
are
maintained
in
the
normal
course
of
business.
Exporters
who
feel
that
pershipment
submissions
represent
undue
burden
may
choose
to
report
annually.
The
per­
shipment
notification
and
annual
summary
requirements
of
this
option
are
based
on
records
of
production
and
shipment
records
already
required
by
regulations
under
FIFRA
Section
8,
so
such
information
will
be
readily
available
to
exporters,
who
may
submit
it
without
reformatting
or
special
preparation.
These
annual
submissions
may
be
included
as
part
of
the
annual
submission
of
acknowledgment
statements
and
thus
would
result
in
minimal
burden.

Estimating
the
Respondent
Burden
of
the
Third
Party
Notification
Export
Labeling
Requirement
It
is
estimated
that
one­
quarter
of
the
pesticides
exported
from
the
U.
S.
are
not
registered
for
use
in
the
United
States.
Approximately
900
unregistered
pesticide
products
are
exported
annually.
To
estimate
the
total
number
of
registered
pesticides
exported
from
the
U.
S.
annually,
EPA
multiplied
by
four
the
number
of
unregistered
pesticide
products.
Multiplying
this
by
four
gives
an
estimated
total
of
3,600
pesticide
products(
registered
and
unregistered)
exported
annually.

As
discussed
above
in
section
4(
b),
certain
information
must
be
included
on
the
labels
or
labeling
of
exported
pesticides.
The
labeling
requirements
may
be
met
by
supplemental
labeling
attached
to
either
the
product
container
or
the
shipping
container.
November
14,
2002
Page
12
of
17
Annual
Respondent
Burden/
Cost:

Labeling
Requirement
for
Unregistered
Exported
Pesticide
Products
Collection
Activity
Burden
Hours
Total
Mgmt
$
123
Tech
$
83
Cler
$
38
Hours
Costs
($)

Read
Regulations
0.5
0.5
61.5
Design
Labels
2.0
2
166.0
Translate
Labels
5.0
5
415.0
Complete
Paperwork
and
Store
Information
0.5
0.5
19.0
TOTAL
0.5
7.0
0.5
8.0
661.5
ANNUAL
BURDEN:
8
hours
x
900
unregistered
products
=
7,200
hours
ANNUAL
COSTS:
$
661.5
x
900
unregistered
products
=
$
595,350.

Certain
information
must
be
provided
in
the
languages
of
the
country
or
countries
of
final
destination.
EPA
estimates
that
it
will
take
respondents
approximately
5.5
hours
to
meet
the
multilingual
labeling
requirement
for
each
product.
EPA
estimates
that
to
prepare
one
label
in
one
language
would
take
approximately
one
hour.
In
reviewing
the
major
destinations
of
export
shipments,
EPA
estimates
that
most
labels
would
be
in
one
or
more
of
the
following
languages:
French,
Spanish,
German,
Taiwanese,
and
Portuguese.
November
14,
2002
Page
13
of
17
Multilingual
Labeling
for
Registered
Exported
Pesticide
Products
Collection
Activity
Burden
Hours
Total
Mgmt
$
123
Tech
$
83
Cler
$
38
Hours
Costs
($)

Translate
Label
5
5
415
Complete
Paperwork
and
Store
Information
0.5
0.5
19
TOTAL
0
5
0.5
5.5
434
ANNUAL
BURDEN:
5.5
hours
x
2700
exported
registered
products
=
14,850
hours
ANNUAL
COSTS:
$
434
x
2700
exported
registered
products
=
$
1,171,800
6(
b)
Estimating
Respondent
Cost
The
total
annual
respondent
cost
for
this
ICR
is
estimated
to
be
$
1,948,975,
broken
down
as
follows:

Foreign
purchaser
acknowledgment
statement
$
181,825
Labeling/
unregistered
pesticides
$
595,350
Labeling/
registered
pesticides
$
1,171,800
TOTAL
$
1,948,975
EPA
estimated
the
respondent
burden
cost
based
on
the
estimated
hourly
loaded
labor
rate
(
including
salary
and
overhead
expenses)
of
$
123
for
management,
$
83
for
technical
personnel,
and
$
38
for
clerical
staff.
These
labor
rates
are
based
on
information
taken
from
the
Bureau
of
Labor
Statistics,
and
match
the
labor
rates
used
in
other
pesticide
program
related
ICRs
that
were
recently
submitted
to
OMB.

6(
c)
Estimating
Agency
Burden
and
Cost
Agency
costs
for
this
information
collection
activity
are
minimal,
and
include
only
the
November
14,
2002
Page
14
of
17
record
keeping
associated
with
the
receipt
of
the
acknowledgment
statements
and
costs
associated
with
the
transmittal
of
acknowledgment
statements
to
the
appropriate
government
official
in
the
importing
country.
EPA
estimates
such
costs
at
a
GS­
13
gross
salary
level
(
including
benefits)
for
.583
hours
(
35
minutes)
per
statement.
This
estimate
presumes
that
all
relevant
tasks
are
performed
at
a
GS­
13
level,
which
may
overestimate
the
Agency
cost
of
this
activity.
The
total
annual
burden
therefore
is
2500
FPASs
time
35
minutes
per
FPAS
equals
1457.5
hours.
The
annual
cost
is
1800
times
$
35.15
per
statement,
or
$
63,270.

The
distribution
of
this
burden
for
specific
tasks
is
described
in
the
table
describing
the
Agency
tally
in
section
6(
d)
(
ii)
(
Table
4),
below.

6(
d)
Bottom
Line
Burden
Hours
and
Cost
Tables
(
i)
Respondent
Burden
FPAS
2,703
HOURS
LABELING
7,200
HOURS
MULTILINGUAL
LABELING
14,850
HOURS
TOTAL
ANNUAL
RESPONDENT
BURDEN
24,753
HOURS
(
ii)
Agency
Burden
Annual
Agency
Burden/
Cost
Estimates:
Foreign
Purchaser
Acknowledgment
Statement
Requirement
(
Table
4)

Collection
Activity
Hours
Annual
Cost
($)

Receive,
review
acknowledgment
statements
for
completeness,
and
enter
in
log
book
0.08
5.08
Data
entry
of
information
in
acknowledgment
statements
0.25
15.25
Make
necessary
copies
and
transmit
submission
to
appropriate
government
officials
of
importing
countries
0.16
9.76
Maintain
a
file
of
all
submissions
0.08
5.06
TOTAL
0.57
35.15
November
14,
2002
Page
15
of
17
ANNUAL
BURDEN:
2,500
statements
x
0.576
hours
=
1,440
hours
ANNUAL
COSTS:
2,500
statements
x
$
35.15
=
$
63,270
6(
d)
Bottom
Line
Burden
Hours
and
Cost
Table
TOTAL
Hours
Costs
Respondent
Burden
Estimate
24753
$
1,948,975
Agency
Burden
Estimate
1440
$
87,875
Variations
in
the
Annual
Bottom
Line
Significant
variations
in
the
annual
respondent
burden
or
cost
are
possible
during,
or
just
after
the
end
of,
the
three­
year
term
of
this
information
collection
activity.
The
matter
is
now
before
Congress,
which
is
considering
legislation
to
amend
FIFRA
to
include
authorities
necessary
to
fully
implement
the
PIC
agreement.
Effective
implementation
of
PIC
will
require
ratification
and
implementing
legislation,
and
specific
plans
for
affecting
changes
in
the
relevant
U.
S.
laws
and
regulations
are
under
development.
The
PIC
Agreement
includes
a
provision
on
export
notification,
which
differs
from
the
export
notification
provisions
of
FIFRA
section
17
and
40
CFR
168,
Subpart
D..
Currently,
the
Administration's
bill,
which
was
introduced
in
May
2002,
does
not
include
amendments
to
existing
section
17
export
notification
requirements,
but
does
include
the
requirement
for
the
PIC
export
notification.

The
PIC
notification
system
differs
in
applicability,
in
timing,
and
in
the
information
transmitted
from
the
current
provisions
of
section
17(
a)(
2)
and
40
CFR
168,
Subpart
D.
The
scope
of
the
PIC
export
notification
is
limited
to
those
pesticides
banned
or
severely
restricted
by
an
exporting
country,
pursuant
to
the
definitions
in
the
Agreement.
The
timing
of
the
notice
is
to
occur
prior
to
the
actual
shipment,
for
the
first
time
in
a
calendar
year.
The
PIC
notification
does
not
include
a
provision
for
a
foreign
purchaser
to
sign
an
acknowledgment
statement,
and
data
elements
in
the
PIC
notice
differ
slightly.
The
export
notification
requirement
ceases
altogether
once
the
pesticide
is
included
in
the
PIC
procedure
(
and
certain
other
conditions
have
been
met).

6(
f)
Burden
Statement
Annual
respondent
burden
for
this
collection
of
information
is
estimated
to
average
1.08
hours
(
65
minutes)
per
response,
including
the
time
for
reviewing
instructions,
gathering
and
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.
November
14,
2002
Page
16
of
17
Send
comments
regarding
this
burden
estimate
or
any
other
aspect
of
this
information
collection,
including
suggestions
for
reducing
burden,
to:
Director,
Collection
Strategies
Division,
Mail
Code
2822,
U.
S.
Environmental
Protection
Agency,
1200
Pennsylvania
Avenue,
NW,
Washington,
DC
20460;
and
to
Paperwork
Reduction
Act
Project
(
OMB
No.
2070­
0027),
Office
of
Regulatory
Affairs,
Office
of
Management
and
Budget,
Washington,
DC
20503,
marked
"
Attention
Desk
Officer
for
EPA."
November
14,
2002
Page
17
of
17
Attachments
to
the
Supporting
Statement
Attachment
A
FIFRA
section
17
­
Imports
and
Exports
­
available
electronically
at
http://
www.
epa.
gov/
pesticides/
fifra.
htm#
sec17
Attachment
B
40
Code
of
Federal
Regulations,
Part
168,
Subpart
D
­
Section
168.75
Procedures
for
exporting
unregistered
pesticides
­­
purchaser
acknowledgment
statements
­
available
electronically
at
http://
www.
access.
gpo.
gov/
nara/
cfr/
cfrhtml_
00/
Title_
40/
40cfr168_
00.
html
Attachment
C
66
FR
64246
­
Foreign
Purchaser
Acknowledgment
Statement
of
Unregistered
Pesticides;
Renewal
of
Pesticide
Information
Collection
Activities
and
Request
for
Comments
(
published
December
12,
2001)
­
available
electronically
at
http://
www.
epa.
gov/
fedrgstr/
EPA­
PEST/
2001/
December/
Day­
12/
p30596.
htm
